Senate Bill sb1712c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 1712
By the Committees on Governmental Oversight and Productivity;
and Banking and Insurance
302-2067-03
1 A bill to be entitled
2 An act relating to governmental reorganization;
3 conforming the Florida Statutes to the
4 amendment of Article IV, Section 4 of the State
5 Constitution, in which the functions of the
6 former positions of Comptroller and Treasurer
7 were combined into the office of Chief
8 Financial Officer, and chapter 2002-404, Laws
9 of Florida, which reorganized certain
10 executive-branch duties and functions to
11 implement such constitutional amendment;
12 amending ss. 11.12, 11.13, 11.147, 11.151,
13 11.40, 11.42, 14.057, 14.058, 14.203, 15.09,
14 16.10, 17.001, 17.002, 17.011, 17.02, 17.03,
15 17.031, 17.04, 17.0401, 17.041, 17.0415, 17.05,
16 17.075, 17.076, 17.08, 17.09, 17.10, 17.11,
17 17.12, 17.13, 17.14, 17.16, 17.17, 17.20,
18 17.21, 17.22, 17.25, 17.26, 17.27, 17.28,
19 17.29, 17.30, 17.32, 17.325, 17.41, 17.43,
20 F.S.; transferring and amending ss. 18.01,
21 18.02, 18.021, 18.05, 18.06, 18.07, 18.08,
22 18.091, 18.10, 18.101, 18.103, 18.104, 18.125,
23 18.15, 18.17, 18.20, 18.23, 18.24, F.S.;
24 amending ss. 20.04, 20.055, 20.121, 20.195,
25 20.425, 20.435, 24.105, 24.111, 24.112, 24.120,
26 25.241, 26.39, 27.08, 27.10, 27.11, 27.12,
27 27.13, 27.34, 27.3455, 27.703, 27.710, 27.711,
28 28.235, 28.24, 30.49, 30.52, 40.30, 40.31,
29 40.33, 40.34, 40.35, 43.16, 43.19, 48.151,
30 55.03, 57.091, 68.083, 68.084, 68.087, 68.092,
31 77.0305, 92.39, 99.097, 103.091, 107.11,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 1712
302-2067-03
1 110.1127, 110.113, 110.114, 110.116, 110.1227,
2 110.1228, 110.123, 110.125, 110.181, 110.2037,
3 110.205, 112.061, 112.08, 112.191, 112.215,
4 112.3144, 112.3145, 112.3189, 112.31895,
5 112.3215, 112.63, 116.03, 116.04, 116.05,
6 116.06, 116.14, 120.52, 120.80, 121.051,
7 121.061, 121.133, 122.35, 125.0104, 129.201,
8 131.05, 137.09, 145.141, 154.02, 154.03,
9 154.05, 154.06, 154.209, 154.314, 163.01,
10 163.055, 163.3167, 166.111, 175.032, 175.101,
11 175.121, 175.151, 185.08, 185.10, 185.13,
12 189.4035, 189.412, 189.427, 190.007, 191.006,
13 192.091, 192.102, 193.092, 195.101, 198.29,
14 199.232, 203.01, 206.46, 210.16, 210.20,
15 210.50, 211.06, 211.31, 211.32, 212.08, 212.12,
16 212.20, 213.053, 213.054, 213.255, 213.67,
17 213.75, 215.02, 215.03, 215.04, 215.05, 215.11,
18 215.20, 215.22, 215.23, 215.24, 215.25, 215.26,
19 215.29, 215.31, 215.32, 215.3206, 215.3208,
20 215.322, 215.34, 215.35, 215.405, 215.42,
21 215.422, 215.50, 215.551, 215.552, 215.555,
22 215.559, 215.56005, 215.5601, 215.58, 215.684,
23 215.70, 215.91, 215.92, 215.93, 215.94,
24 215.965, 215.97, 216.0442, 216.102, 216.141,
25 216.177, 216.181, 216.183, 216.192, 216.212,
26 216.221, 216.222, 216.235, 216.237, 216.251,
27 216.271, 216.275, 216.292, 216.301, 217.07,
28 218.06, 218.23, 218.31, 218.321, 218.325,
29 220.151, 220.187, 220.62, 220.723, 238.11,
30 238.15, 238.172, 238.173, 250.22, 250.24,
31 250.25, 250.26, 250.34, 252.62, 252.87,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 1712
302-2067-03
1 253.025, 255.03, 255.052, 255.258, 255.503,
2 255.521, 257.22, 258.014, 259.032, 259.041,
3 265.53, 265.55, 267.075, 272.18, 280.02,
4 280.04, 280.041, 280.05, 280.051, 280.052,
5 280.053, 280.054, 280.055, 280.06, 280.07,
6 280.071, 280.08, 280.085, 280.09, 280.10,
7 280.11, 280.13, 280.16, 280.17, 280.18, 280.19,
8 282.1095, 284.02, 284.04, 284.05, 284.06,
9 284.08, 284.14, 284.17, 284.30, 284.31, 284.32,
10 284.33, 284.34, 284.35, 284.37, 284.385,
11 284.39, 284.40, 284.41, 284.42, 284.44, 284.50,
12 287.042, 287.057, 287.058, 287.059, 287.063,
13 287.064, 287.09451, 287.115, 287.131, 287.175,
14 288.1045, 288.106, 288.109, 288.1253, 288.709,
15 288.712, 288.776, 288.778, 288.99, 289.051,
16 289.081, 289.121, 292.085, 313.02, 314.02,
17 316.3025, 316.545, 320.02, 320.081, 320.20,
18 320.71, 320.781, 322.21, 324.032, 324.171,
19 326.006, 331.303, 331.309, 331.3101, 331.348,
20 331.419, 336.022, 337.25, 339.035, 339.081,
21 344.17, 350.06, 354.03, 365.173, 370.06,
22 370.16, 370.19, 370.20, 373.503, 373.59,
23 373.6065, 374.983, 374.986, 376.11, 376.123,
24 376.307, 376.3071, 376.3072, 376.3075,
25 376.3078, 376.3079, 376.40, 377.23, 377.2425,
26 377.705, 378.035, 378.037, 378.208, 381.765,
27 381.90, 385.207, 388.201, 388.301, 391.025,
28 391.221, 392.69, 393.002, 393.075, 394.482,
29 400.0238, 400.063, 400.071, 400.4174, 400.4298,
30 400.471, 400.962, 401.245, 401.25, 402.04,
31 402.17, 402.33, 403.1835, 403.1837, 403.706,
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 1712
302-2067-03
1 403.724, 403.8532, 404.111, 406.58, 408.040,
2 408.05, 408.08, 408.18, 408.50, 408.7056,
3 408.902, 408.909, 409.175, 409.25656,
4 409.25658, 409.2673, 409.8132, 409.817,
5 409.818, 409.910, 409.912, 409.9124, 409.915,
6 411.01, 413.32, 414.27, 414.28, 420.0005,
7 420.0006, 420.101, 420.123, 420.131, 420.141,
8 420.5092, 430.42, 430.703, 440.015, 440.02,
9 440.05, 440.09, 440.10, 440.1025, 440.103,
10 440.105, 440.1051, 440.106, 440.107, 440.13,
11 440.134, 440.14, 440.17, 440.20, 440.24,
12 440.38, 440.381, 440.385, 440.386, 440.40,
13 440.44, 440.49, 440.50, 440.51, 440.515,
14 440.52, 440.525, 440.591, 443.131, 443.191,
15 443.211, 445.0325, 447.12, 450.155, 468.392,
16 468.529, 473.3065, 475.045, 475.484, 475.485,
17 489.114, 489.144, 489.145, 489.510, 489.533,
18 494.001, 494.0011, 494.0012, 494.00125,
19 494.0013, 494.0014, 494.0016, 494.00165,
20 494.0017, 494.0021, 494.0025, 494.0028,
21 494.0029, 494.00295, 494.0031, 494.0032,
22 494.0033, 494.0034, 494.0035, 494.0036,
23 494.0038, 494.004, 494.0041, 494.00421,
24 494.0061, 494.0062, 494.0064, 494.0065,
25 494.0066, 494.0067, 494.0069, 494.0072,
26 494.00721, 494.0076, 494.0079, 494.00795,
27 494.00797, 497.005, 497.101, 497.105, 497.107,
28 497.109, 497.115, 497.117, 497.131, 497.201,
29 497.253, 497.313, 497.403, 498.025, 498.049,
30 499.057, 501.212, 507.03, 509.215, 513.055,
31 516.01, 516.02, 516.03, 516.031, 516.05,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 1712
302-2067-03
1 516.07, 516.11, 516.12, 516.22, 516.221,
2 516.23, 516.32, 516.33, 516.35, 517.021,
3 517.03, 517.051, 517.061, 517.07, 517.075,
4 517.081, 517.082, 517.101, 517.111, 517.12,
5 517.1201, 517.1203, 517.1204, 517.121, 517.131,
6 517.141, 517.151, 517.161, 517.181, 517.191,
7 517.201, 517.2015, 517.221, 517.241, 517.301,
8 517.302, 517.313, 517.315, 517.32, 518.115,
9 518.116, 518.15, 518.151, 518.152, 519.101,
10 520.02, 520.03, 520.07, 520.31, 520.32, 520.34,
11 520.52, 520.61, 520.63, 520.73, 520.76, 520.81,
12 520.83, 520.90, 520.994, 520.995, 520.996,
13 520.9965, 520.997, 520.998, 526.141, 537.003,
14 537.004, 537.005, 537.006, 537.008, 537.009,
15 537.011, 537.013, 537.016, 537.017, 548.066,
16 548.077, 550.0251, 550.054, 550.0951, 550.125,
17 550.135, 550.1645, 552.081, 552.161, 552.21,
18 552.26, 553.72, 553.73, 553.74, 553.79, 553.88,
19 554.1021, 554.105, 554.111, 559.10, 559.543,
20 559.544, 559.545, 559.546, 559.548, 559.55,
21 559.553, 559.555, 559.563, 559.725, 559.730,
22 559.785, 559.928, 559.9232, 560.102, 560.103,
23 560.105, 560.106, 560.107, 560.1073, 560.108,
24 560.109, 560.111, 560.112, 560.113, 560.114,
25 560.115, 560.116, 560.117, 560.118, 560.119,
26 560.121, 560.123, 560.125, 560.126, 560.127,
27 560.128, 560.129, 560.202, 560.205, 560.206,
28 560.207, 560.208, 560.209, 560.210, 560.211,
29 560.302, 560.305, 560.306, 560.307, 560.308,
30 560.309, 560.310, 560.402, 560.403, 560.404,
31 560.4041, 560.407, 560.408, 561.051, 562.44,
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 1712
302-2067-03
1 567.08, 569.205, 569.215, 570.13, 570.195,
2 570.20, 574.03, 589.06, 597.010, 601.10,
3 601.15, 601.28, 607.0501, 607.14401, 609.05,
4 617.0501, 617.1440, 624.01, 624.05, 624.07,
5 624.09, 624.11, 624.124, 624.129, 624.155,
6 624.19, 624.302, 624.303, 624.307, 624.308,
7 624.310, 624.3102, 624.311, 624.312, 624.313,
8 624.314, 624.315, 624.316, 624.3161, 624.317,
9 624.318, 624.319, 624.320, 624.321, 624.322,
10 624.324, 624.33, 624.34, 624.401, 624.4031,
11 624.404, 624.4072, 624.4085, 624.40851,
12 624.4094, 624.4095, 624.410, 624.411, 624.412,
13 624.413, 624.4135, 624.414, 624.415, 624.416,
14 624.418, 624.420, 624.421, 624.4211, 624.422,
15 624.423, 624.424, 624.4241, 624.4243, 624.4245,
16 624.430, 624.4361, 624.437, 624.438, 624.439,
17 624.4392, 624.44, 624.441, 624.4411, 624.4412,
18 624.442, 624.443, 624.4431, 624.444, 624.445,
19 F.S.; amending and renumbering s. 624.4435,
20 F.S.; amending ss. 624.45, 624.4621, 624.4622,
21 624.464, 624.466, 624.468, 624.470, 624.473,
22 624.4741, 624.476, 624.477, 624.480, 624.482,
23 624.484, 624.486, 624.487, 624.501, 624.5015,
24 624.502, 624.506, 624.509, 624.5091, 624.5092,
25 624.516, 624.517, 624.519, 624.521, 624.523,
26 624.6012, 624.605, 624.607, 624.609, 624.610,
27 624.80, 624.81, 624.82, 624.83, 624.84, 624.85,
28 624.86, 624.87, 625.01115, 625.012, 625.041,
29 625.051, 625.061, 625.071, 625.081, 625.091,
30 625.101, 625.121, 625.131, 625.141, 625.151,
31 625.161, 625.172, 625.181, 625.303, 625.305,
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 1712
302-2067-03
1 625.317, 625.322, 625.324, 625.325, 625.326,
2 625.330, 625.331, 625.332, 625.333, 625.338,
3 625.52, 625.53, 625.55, 625.56, 625.57, 625.58,
4 625.62, 625.63, 625.75, 625.765, 625.78,
5 625.79, 625.80, 625.82, 625.83, 626.015, F.S.;
6 creating s. 626.016, F.S.; prescribing powers
7 and duties of the Department of Financial
8 Services, Financial Services Commission, and
9 Office of Insurance Regulation; amending ss.
10 626.025, 626.112, 626.161, 626.171,626.181,
11 626.191, 626.201, 626.202, 626.211, 626.221,
12 626.231, 626.241, 626.251, 626.261, 626.266,
13 626.271, 626.281, 626.2815, 626.2817, 626.291,
14 626.292, 626.301, 626.322, 626.361, 626.371,
15 626.381, 626.431, 626.451, 626.461, 626.471,
16 626.511, 626.521, 626.541, 626.551, 626.561,
17 626.591, 626.592, 626.601, 626.611, 626.621,
18 626.631, 626.641, 626.661, 626.681, 626.691,
19 626.692, 626.7315, 626.732, 626.742, 626.7451,
20 626.7454, 626.7491, 626.7492, 626.752,
21 626.7845, 626.7851, 626.8305, 626.8311,
22 626.8427, 626.8463, 626.8467, 626.847,
23 626.8473, 626.8582, 626.8584, 626.859, 626.861,
24 626.863, 626.865, 626.866, 626.867, 626.869,
25 626.8695, 626.8696, 626.8697, 626.8698,
26 626.870, 626.871, 626.872, 626.873, 626.8732,
27 626.8734, 626.8736, 626.8738, 626.874, 626.878,
28 626.88, 626.8805, 626.8809, 626.8814, 626.884,
29 626.89, 626.891, 626.892, 626.894, 626.895,
30 626.896, 626.897, 626.898, 626.899, 626.901,
31 626.906, 626.907, 626.909, 626.910, 626.912,
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 1712
302-2067-03
1 626.914, 626.916, 626.917, 626.918, 626.919,
2 626.921, 626.931, 626.932, 626.936, 626.9361,
3 626.937, 626.938, 626.9511, 626.9541, 626.9545,
4 626.9551, 626.9561, 626.9571, 626.9581,
5 626.9591, 626.9601, 626.9611, 626.9621,
6 626.9631, 626.9641, 626.9651, 626.989,
7 626.9892, 626.99, 626.9911, 626.9912, 626.9913,
8 626.9914, 626.9915, 626.9916, 626.9919,
9 626.9921, 626.9922, 626.99235, 626.99245,
10 626.9925, 626.9926, 626.9927, 626.99272,
11 626.99285, 626.99295, 627.031, 627.0612,
12 627.0613, 627.062, 627.0625, 627.0628,
13 627.0629, 627.0645, 627.06501, 627.0651,
14 627.0652, 627.0653, 627.06535, 627.066,
15 627.072, 627.091, 627.0915, 627.0916, 627.092,
16 627.096, 627.101, 627.111, 627.141, 627.151,
17 627.171, 627.192, 627.211, 627.212, 627.215,
18 627.221, 627.231, 627.241, 627.281, 627.291,
19 627.301, 627.311, F.S.; transferring and
20 amending s. 627.3111, F.S.; amending ss.
21 627.314, 627.318, 627.331, 627.351, 627.3511,
22 627.3512, 627.3513, 627.3515, 627.3517,
23 627.357, 627.361, 627.371, 627.381, 627.4035,
24 627.410, 627.4101, 627.4105, 627.411, 627.412,
25 627.413, 627.4145, 627.417, 627.418, 627.4234,
26 627.4236, 627.4238, 627.427, 627.429, 627.452,
27 627.458, 627.462, 627.464, 627.476, 627.479,
28 627.480, 627.481, 627.482, 627.502, 627.503,
29 627.510, 627.5515, 627.5565, 627.558, 627.602,
30 627.604, 627.605, 627.6131, 627.618, 627.622,
31 627.623, 627.624, 627.625, 627.640, 627.6425,
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 1712
302-2067-03
1 627.643, 627.647, 627.6472, 627.6475, 627.6482,
2 627.6484, 627.6487, 627.6488, 627.649,
3 627.6494, 627.6498, 627.6499, 627.6515,
4 627.6561, 627.6571, 627.6675, 627.6685,
5 627.6692, 627.6699, 627.673, 627.6735, 627.674,
6 627.6741, 627.6742, 627.6744, 627.6745,
7 627.678, 627.6785, 627.682, 627.6844, 627.6845,
8 627.701, 627.7011, 627.7012, 627.7015,
9 627.7017, 627.702, 627.706, 627.727, 627.7275,
10 627.728, 627.7282, 627.7295, 627.736, 627.739,
11 627.7401, 627.744, 627.758, 627.7711, 627.777,
12 627.7773, 627.780, 627.782, 627.783, 627.7843,
13 627.7845, 627.786, 627.7865, 627.791, 627.793,
14 627.798, 627.805, 627.8055, 627.828, 627.829,
15 627.832, 627.833, 627.834, 627.836, 627.838,
16 627.840, 627.8405, 627.848, 627.849, 627.912,
17 627.9122, 627.9126, 627.913, 627.914, 627.915,
18 627.917, 627.9175, 627.918, 627.919, 627.9403,
19 627.9404, 627.9405, 627.9406, 627.9407,
20 627.94072, 627.94074, 627.9408, 627.942,
21 627.943, 627.944, 627.948, 627.950, 627.951,
22 627.952, 627.954, 627.971, 627.972, 627.973,
23 627.974, 627.986, 627.987, 628.051, 628.061,
24 62.071, 628.091, 628.101, 628.111, 628.152,
25 628.161, 628.171, 628.221, 628.251, 628.255,
26 628.261, 628.271, 628.281, 628.341, 628.351,
27 628.371, 628.391, 628.401, 628.411, 628.421,
28 628.431, 628.441, 628.451, 628.461, 628.4615,
29 628.471, 628.481, 628.491, 628.501, 628.511,
30 628.520, 628.525, 628.530, 628.535, 628.6013,
31 628.6014, 628.6017, 628.705, 628.707, 628.711,
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 1712
302-2067-03
1 628.713, 628.715, 628.717, 628.719, 628.721,
2 628.725, 628.729, 628.730, 628.733, 628.801,
3 628.802, 628.803, 628.905, 628.911, 628.913,
4 628.917, 629.081, 629.101, 629.121, 629.131,
5 629.161, 629.171, 629.181, 629.231, 629.241,
6 629.261, 629.281, 629.291, 629.301, 629.401,
7 629.520, 630.021, 630.031, 630.051, 630.071,
8 630.081, 630.091, 630.101, 630.131, 630.151,
9 630.161, 631.021, 631.025, 631.031, 631.051,
10 631.081, 631.152, 631.221, 631.231, 631.391,
11 631.392, 631.398, 631.54, 631.55, 631.56,
12 631.57, 631.59, 631.62, 631.66, 631.714,
13 631.72, 631.722, 631.723, 631.727, 631.813,
14 631.814, 631.821, 631.825, 631.904, 631.911,
15 631.912, 631.917, 631.918, 631.931, 632.611,
16 632.612, 632.614, 632.615, 632.616, 632.621,
17 632.622, 632.627, 632.628, 632.629, 632.631,
18 632.632, 632.633, 632.637, 633.01, 633.022,
19 633.025, 633.052, 633.061, 633.081, 633.111,
20 633.161, 633.162, 633.30, 633.31, 633.353,
21 633.382, 633.43, 633.445, 633.45, 633.46,
22 633.461, 633.47, 633.50, 633.524, 633.802,
23 633.811, 633.814, 634.011, 634.021, 634.031,
24 634.041, 634.044, 634.045, 634.052, 634.053,
25 634.061, 634.081, 634.095, 634.101, 634.111,
26 634.121, 634.1213, 634.1216, 634.137, 634.141,
27 634.151, 634.161, 634.181, 634.191, 634.211,
28 634.221, 634.231, 634.242, 634.253, 634.261,
29 634.282, 634.283, 634.284, 634.285, 634.286,
30 634.287, 634.288, 634.289, 634.301, 634.302,
31 634.303, 634.304, 634.305, 634.306, 634.307,
10
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1 634.3077, 634.3078, 634.308, 634.310, 634.311,
2 634.3112, 634.312, 634.3123, 634.3126, 634.313,
3 634.314, 634.320, 634.321, 634.324, 634.325,
4 634.327, 634.3284, 634.336, 634.337, 634.338,
5 634.339, 634.34, 634.341, 634.342, 634.343,
6 634.344, 634.345, 634.348, 634.401, 634.402,
7 634.403, 634.404, 634.405, 634.406, 634.4061,
8 634.4065, 634.407, 634.409, 634.411, 634.413,
9 634.414, 634.4145, 634.415, 634.416, 634.422,
10 634.423, 634.426, 634.427, 634.428, 634.430,
11 634.433, 634.437, 634.438, 634.439, 634.44,
12 634.441, 634.442, 634.443, 634.444, 635.011,
13 635.031, 635.041, 635.042, 635.071, 635.081,
14 636.003, 636.006, 636.007, 636.008, 636.009,
15 636.015, 636.016, 636.017, 636.018, 636.025,
16 636.029, 636.036, 636.037, 636.038, 636.039,
17 636.043, 636.045, 636.046, 636.047, 636.048,
18 636.049, 636.052, 636.053, 636.055, 636.056,
19 636.057, 636.058, 636.062, 636.063, 636.064,
20 636.067, 641.185, 641.19, 641.2017, 641.2018,
21 641.21, 641.215, 641.22, 641.225, 641.227,
22 641.228, 641.23, 641.234, 641.2342, 641.25,
23 641.255, 641.26, 641.27, 641.28, 641.281,
24 641.284, 641.285, 641.29, 641.3007, 641.305,
25 641.31, 641.3105, 641.31071, 641.31074,
26 641.315, 641.3154, 641.3155, 641.316, 641.35,
27 641.36, 641.365, 641.385, 641.39001, 641.3903,
28 641.3905, 641.3907, 641.3909, 641.3911,
29 641.3913, 641.3917, 641.3922, 641.402, 641.403,
30 641.405, 641.406, 641.4065, 641.407, 641.409,
31 641.41, 641.412, 641.418, 641.42, 641.421,
11
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1 641.424, 641.437, 641.443, 641.444, 641.445,
2 641.446, 641.447, 641.448, 641.45, 641.452,
3 641.453, 641.454, 641.455, 641.457, 641.48,
4 641.49, 641.495, 641.511, 641.512, 641.52,
5 641.54, 641.55, 641.58, 642.015, 642.017,
6 642.021, 642.022, 642.023, 642.025, 642.027,
7 642.029, 642.0301, 642.0331, 642.0334,
8 642.0338, 642.041, 642.043, 642.047, 642.0475,
9 648.25, 648.26, 648.33, 648.34, 648.35,
10 648.355, 648.365, 648.386, 648.44, 648.442,
11 648.571, 650.06, 651.011, 651.012, 651.013,
12 651.014, 651.015, 651.018, 651.019, 651.021,
13 651.022, 651.023, 651.0235, 651.026, 651.0261,
14 651.028, 651.033, 651.035, 651.051, 651.055,
15 651.083, 651.085, 651.091, 651.095, 651.105,
16 651.106, 651.107, 651.108, 651.1081, 651.111,
17 651.114, 651.1151, 651.118, 651.119, 651.121,
18 651.123, 651.125, 651.134, 655.001, 655.005,
19 655.012, 655.015, 655.016, 655.031, 655.032,
20 655.0321, 655.0322, 655.033, 655.034, 655.037,
21 655.0385, 655.0386, 655.0391, 655.041, 655.043,
22 655.044, 655.045, 655.047, 655.049, 655.057,
23 655.059, 655.061, 655.071, 655.411, 655.412,
24 655.414, 655.416, 655.418, 655.50, 655.60,
25 655.762, 655.89, 655.90, 655.922, 655.942,
26 655.943, 655.948, 655.949, 655.963, 657.002,
27 657.005, 657.0061, 657.008, 657.021, 657.026,
28 657.028, 657.031, 657.033, 657.0335, 657.038,
29 657.042, 657.043, 657.053, 657.062, 657.063,
30 657.064, 657.065, 657.066, 657.068, 658.12,
31 658.16, 658.165, 658.19, 658.20, 658.21,
12
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1 658.22, 658.23, 658.235, 658.24, 658.25,
2 658.26, 658.27, 658.28, 658.285, 658.295,
3 658.2953, 658.296, 658.32, 658.33, 658.34,
4 658.35, 658.36, 658.37, 658.39, 658.40, 658.41,
5 658.42, 658.43, 658.44, 658.45, 658.48, 658.53,
6 658.67, 658.68, 658.73, 658.79, 658.80, 658.81,
7 658.82, 658.83, 658.84, 658.90, 658.94, 658.95,
8 658.96, 658.995, 660.26, 660.265, 660.27,
9 660.28, 660.33, 660.40, 606.47, 660.48, 663.02,
10 663.04, 663.05, 663.055, 663.06, 663.061,
11 663.064, 663.065, 663.07, 663.08, 663.083,
12 663.09, 663.10, 663.11, 663.12, 663.13, 663.14,
13 663.16, 663.17, 663.171, 663.172, 663.173,
14 663.174, 663.175, 663.176, 663.177, 663.178,
15 663.18, 663.181, 663.301, 663.302, 663.303,
16 663.304, 663.305, 663.306, 663.308, 663.309,
17 663.311, 663.312, 663.316, 663.319, 665.012,
18 665.013, 665.0315, 665.033, 665.0335, 665.034,
19 665.0345, 665.0711, 665.1001, 667.002, 667.003,
20 667.005, 667.006, 667.007, 667.008, 667.013,
21 687.13, 687.14, 687.141, 687.143, 687.144,
22 687.145, 687.148, 697.05, 713.596, 716.02,
23 716.03, 716.04, 716.05, 716.06, 716.07,
24 717.101, 717.117, 717.135, 717.138, 718.501,
25 719.501, 721.24, 721.26, 723.006, 732.107,
26 733.816, 744.534, 766.105, 766.1115, 766.314,
27 766.315, 768.28, 790.001, 790.1612, 791.01,
28 791.015, 817.16, 817.234, 817.2341, 817.50,
29 839.06, 849.086, 849.33, 860.154, 860.157,
30 896.102, 896.104, 903.09, 903.101, 903.27,
31 925.037, 932.7055, 932.707, 938.27, 939.13,
13
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1 943.031, 943.032, 944.516, 946.33, 946.509,
2 946.5095, 946.510, 946.517, 946.522, 946.525,
3 947.12, 950.002, 957.04, 985.406, 985.409,
4 1000.05, 1001.23, 1002.36, 1002.38, 1002.39,
5 1003.48, 1004.30, 1004.725, 1006.29, 1006.33,
6 1006.34, 1006.39, 1008.33, 1009.265, 1009.54,
7 1009.56, 1009.66, 1009.72, 1009.73, 1009.765,
8 1009.77, 1009.971, 1009.972, 1010.56, 1010.74,
9 1010.75, 1011.10, 1011.17, 1011.18, 1011.4105,
10 1011.57, 1011.94, 1012.59, 1012.79, 1013.79,
11 F.S.; repealing s. 17.06, F.S., relating to
12 items and accounts disallowed by the
13 Comptroller; s. 18.03, F.S., relating to
14 residence and office of the Treasurer; s.
15 18.09, F.S., relating to delivery to the
16 Legislature of the annual report of the
17 Treasurer; s. 18.22, F.S., relating to
18 rulemaking authority of the Department of
19 Banking and Finance; s. 20.12, F.S., relating
20 to the Department of Banking and Finance; s.
21 20.13, F.S., relating to the Department of
22 Insurance; s. 440.135, F.S., relating to pilot
23 programs for medical and remedial care in
24 workers' compensation; s. 624.305, F.S.,
25 relating to prohibited financial interests; s.
26 624.4071, F.S., relating to special purpose
27 homeowner insurance companies; s. 624.463,
28 F.S., relating to conversion of self-insurance
29 funds; s. 627.0623, F.S., relating to
30 restrictions on expenditures and solicitations
31 of insurers and affiliates; s. 627.3516, F.S.,
14
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1 relating to residential property insurance
2 market coordinating council; s. 627.7825, F.S.,
3 relating to alternative rate adoption; s.
4 655.019, F.S., relating to campaign
5 contribution limitations; s. 657.067, F.S.,
6 relating to conversion from federal to state
7 charter and to requirements for application
8 approval; and ss. 657.25-657.269, relating to
9 the Florida Credit Union Guaranty Corporation,
10 Inc.; providing for retroactive applicability;
11 providing that this act and chapter 2002-404,
12 Laws of Florida, do not affect the validity of
13 certain administrative or judicial action prior
14 to or pending on January 7, 2003; providing
15 that filings or actions approved or authorized
16 by the Department of Insurance or the
17 Department of Banking and Finance prior to that
18 date may continue to be used or be effective
19 until otherwise successor agencies otherwise
20 prescribe; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 11.12, Florida Statutes, is amended
25 to read:
26 11.12 Salary, subsistence, and mileage of members and
27 employees; expenses authorized by resolution; appropriation;
28 preaudit by Comptroller.--
29 (1) The Chief Financial Officer Treasurer is
30 authorized to pay the salary, subsistence, and mileage of the
31 members of the Legislature, as the same shall be authorized
15
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1 from time to time by law, upon receipt of a warrant therefor
2 of the Comptroller for the stated amount. The Chief Financial
3 Officer may Treasurer is authorized to pay the compensation of
4 employees of the Legislature, together with reimbursement for
5 their authorized travel as provided in s. 112.061, and such
6 expense of the Legislature as shall be authorized by law, a
7 concurrent resolution, a resolution of either house, or rules
8 adopted by the respective houses, provided the total amount
9 appropriated to the legislative branch shall not be altered,
10 upon receipt of such warrant therefor. The number, duties, and
11 compensation of the employees of the respective houses and of
12 their committees shall be determined as provided by the rules
13 of the respective house or in this chapter. Each legislator
14 may designate no more than two employees to attend sessions of
15 the Legislature, and those employees who change their places
16 of residence in order to attend the session shall be paid
17 subsistence at a rate to be established by the President of
18 the Senate for Senate employees and the Speaker of the House
19 of Representatives for House employees. Such employees, in
20 addition to subsistence, shall be paid transportation expenses
21 in accordance with s. 112.061(7) and (8) for actual
22 transportation between their homes and the seat of government
23 in order to attend the legislative session and return home, as
24 well as for two round trips during the course of any regular
25 session of the Legislature.
26 (2) All vouchers covering legislative expenses shall
27 be preaudited by the Chief Financial Officer Comptroller, and,
28 if found to be correct, state warrants shall be issued
29 therefor.
30 Section 2. Paragraph (c) of subsection (5) of section
31 11.13, Florida Statutes, is amended to read:
16
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1 11.13 Compensation of members.--
2 (5)
3 (c) The Office of Legislative Services shall submit on
4 forms prescribed by the Chief Financial Officer Comptroller
5 requested allotments of appropriations for the fiscal year. It
6 shall be the duty of the Chief Financial Officer Comptroller
7 to release the funds and authorize the expenditures for the
8 legislative branch to be made from the appropriations on the
9 basis of the requested allotments. However, the aggregate of
10 such allotments shall not exceed the total appropriations
11 available for the fiscal year.
12 Section 3. Subsection (4) of section 11.147, Florida
13 Statutes, is amended to read:
14 11.147 Office of Legislative Services.--
15 (4) The Office of Legislative Services shall deliver
16 such vouchers covering legislative expenses as required to the
17 Chief Financial Officer Comptroller and, if found to be
18 correct, state warrants shall be issued therefor.
19 Section 4. Section 11.151, Florida Statutes, is
20 amended to read:
21 11.151 Annual legislative appropriation to contingency
22 fund for use of Senate President and House Speaker.--There is
23 established a legislative contingency fund consisting of
24 $10,000 for the President of the Senate and $10,000 for the
25 Speaker of the House of Representatives, which amounts shall
26 be set aside annually from moneys appropriated for legislative
27 expense. These funds shall be disbursed by the Chief
28 Financial Officer Comptroller upon receipt of vouchers
29 authorized by the President of the Senate or the Speaker of
30 the House of Representatives. Such Said funds may be expended
31 at the unrestricted discretion of the President of the Senate
17
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1 or the Speaker of the House of Representatives in carrying out
2 their official duties during the entire period between the
3 date of their election as such officers at the organizational
4 meeting held pursuant to s. 3(a), Art. III of the State
5 Constitution and the next general election.
6 Section 5. Subsection (5) of section 11.40, Florida
7 Statutes, is amended to read:
8 11.40 Legislative Auditing Committee.--
9 (5) Following notification by the Auditor General, the
10 Department of Financial Services Banking and Finance, or the
11 Division of Bond Finance of the State Board of Administration
12 of the failure of a local governmental entity, district school
13 board, charter school, or charter technical career center to
14 comply with the applicable provisions within s. 11.45(5)-(7),
15 s. 218.32(1), or s. 218.38, the Legislative Auditing Committee
16 may schedule a hearing. If a hearing is scheduled, the
17 committee shall determine if the entity should be subject to
18 further state action. If the committee determines that the
19 entity should be subject to further state action, the
20 committee shall:
21 (a) In the case of a local governmental entity or
22 district school board, request the Department of Revenue and
23 the Department of Financial Services Banking and Finance to
24 withhold any funds not pledged for bond debt service
25 satisfaction which are payable to such entity until the entity
26 complies with the law. The committee, in its request, shall
27 specify the date such action shall begin, and the request must
28 be received by the Department of Revenue and the Department of
29 Financial Services Banking and Finance 30 days before the date
30 of the distribution mandated by law. The Department of Revenue
31 and the Department of Financial Services may Banking and
18
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1 Finance are authorized to implement the provisions of this
2 paragraph.
3 (b) In the case of a special district, notify the
4 Department of Community Affairs that the special district has
5 failed to comply with the law. Upon receipt of notification,
6 the Department of Community Affairs shall proceed pursuant to
7 the provisions specified in ss. 189.421 and 189.422.
8 (c) In the case of a charter school or charter
9 technical career center, notify the appropriate sponsoring
10 entity, which may terminate the charter pursuant to ss.
11 228.056 and 228.505.
12 Section 6. Paragraph (b) of subsection (6) of section
13 11.42, Florida Statutes, is amended to read:
14 11.42 The Auditor General.--
15 (6)
16 (b) All payrolls and vouchers for the operations of
17 the Auditor General's office shall be submitted to the Chief
18 Financial Officer Comptroller and, if found to be correct,
19 payments shall be issued therefor.
20 Section 7. Subsection (1) of section 14.057, Florida
21 Statutes, is amended to read:
22 14.057 Governor-elect; establishment of operating
23 fund.--
24 (1) There is established an operating fund for the use
25 of the Governor-elect during the period dating from the
26 certification of his or her election by the Elections
27 Canvassing Commission to his or her inauguration as Governor.
28 The Governor-elect during this period may allocate the fund to
29 travel, expenses, his or her salary, and the salaries of the
30 Governor-elect's staff as he or she determines. Such staff may
31 include, but not be limited to, a chief administrative
19
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1 assistant, a legal adviser, a fiscal expert, and a public
2 relations and information adviser. The salary of the
3 Governor-elect and each member of the Governor-elect's staff
4 during this period shall be determined by the Governor-elect,
5 except that the total expenditures chargeable to the state
6 under this section, including salaries, shall not exceed the
7 amount appropriated to the operating fund. The Executive
8 Office of the Governor shall supply to the Governor-elect
9 suitable forms to provide for the expenditure of the fund and
10 suitable forms to provide for the reporting of all
11 expenditures therefrom. The Chief Financial Officer
12 Comptroller shall release moneys from this fund upon the
13 request of the Governor-elect properly filed.
14 Section 8. Section 14.058, Florida Statutes, is
15 amended to read:
16 14.058 Inauguration expense fund.--There is
17 established an inauguration expense fund for the use of the
18 Governor-elect in planning and conducting the inauguration
19 ceremonies. The Governor-elect shall appoint an inauguration
20 coordinator and such staff as necessary to plan and conduct
21 the inauguration. Salaries for the inauguration coordinator
22 and the inauguration coordinator's staff shall be determined
23 by the Governor-elect and shall be paid from the inauguration
24 expense fund. The Executive Office of the Governor shall
25 supply to the inauguration coordinator suitable forms to
26 provide for the expenditure of the fund and suitable forms to
27 provide for the reporting of all expenditures therefrom. The
28 Chief Financial Officer Comptroller shall release moneys from
29 this fund upon the request of the inauguration coordinator
30 properly filed.
31
20
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1 Section 9. Paragraph (f) of subsection (3) of section
2 14.203, Florida Statutes, is amended to read:
3 14.203 State Council on Competitive Government.--It is
4 the policy of this state that all state services be performed
5 in the most effective and efficient manner in order to provide
6 the best value to the citizens of the state. The state also
7 recognizes that competition among service providers may
8 improve the quality of services provided, and that
9 competition, innovation, and creativity among service
10 providers should be encouraged.
11 (3) In performing its duties under this section, the
12 council may:
13 (f) Require that an identified state service be
14 submitted to competitive bidding or another process that
15 creates competition with private sources or other governmental
16 entities. In determining whether an identified state service
17 should be submitted to competitive bidding, the council shall
18 consider, at a minimum:
19 1. Any constitutional and legal implications which may
20 arise as a result of such action.
21 2. The cost of supervising the work of any private
22 contractor.
23 3. The total cost to the state agency of such state
24 agency's performance of a service, including all indirect
25 costs related to that state agency and costs of such agencies
26 as the Chief Financial Officer Comptroller, the Treasurer, the
27 Attorney General, and other such support agencies to the
28 extent such costs would not be incurred if a contract is
29 awarded. Costs for the current provision of the service shall
30 be considered only when such costs would actually be saved if
31 the contract were awarded to another entity.
21
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1 Section 10. Subsection (3) of section 15.09, Florida
2 Statutes, is amended to read:
3 15.09 Fees.--
4 (3) All fees arising from certificates of election or
5 appointment to office and from commissions to officers shall
6 be paid to the Chief Financial Officer Treasurer for deposit
7 in the General Revenue Fund.
8 Section 11. Section 16.10, Florida Statutes, is
9 amended to read:
10 16.10 Receipt of Supreme Court reports for
11 office.--The Clerk of the Supreme Court shall deliver to the
12 Attorney General a copy of each volume, or part of volume, of
13 the decisions of the Supreme Court, which may be in the care
14 or custody of said clerk, and which the Attorney General's
15 office may be without, and take the Attorney General's receipt
16 for the same. The Attorney General shall keep the same in her
17 or his office at the capitol, and each retiring Attorney
18 General shall take the receipt of her or his successor for the
19 same and file such receipt in the Chief Financial Officer's
20 Treasurer's office; provided that this shall not authorize the
21 taking away of any book belonging to the Supreme Court
22 library, kept for the use of said court.
23 Section 12. Section 17.001, Florida Statutes, is
24 created to read:
25 17.001 Chief Financial Officer.--As provided in s.
26 4(c), Art. IV of the State Constitution, the Chief Financial
27 Officer is the chief fiscal officer of the state and is
28 responsible for settling and approving accounts against the
29 state and keeping all state funds and securities.
30 Section 13. Section 17.002, Florida Statutes, is
31 created to read:
22
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1 17.002 Definition.--For the purposes of this chapter,
2 the term "department" means the Department of Financial
3 Services.
4 Section 14. Section 17.011, Florida Statutes, is
5 amended to read:
6 17.011 Assistant Chief Financial Officer
7 comptroller.--The Chief Financial Officer Comptroller of the
8 state may appoint an Assistant Chief Financial Officer
9 comptroller to hold office during the pleasure of the Chief
10 Financial Officer Comptroller.
11 Section 15. Section 17.02, Florida Statutes, is
12 amended to read:
13 17.02 Place of residence and office.--The Chief
14 Financial Officer Comptroller shall reside at the seat of
15 government of this state, and shall hold office in a room in
16 the capitol.
17 Section 16. Section 17.03, Florida Statutes, is
18 amended to read:
19 17.03 To audit claims against the state.--
20 (1) The Chief Financial Officer Comptroller of this
21 state, using generally accepted auditing procedures for
22 testing or sampling, shall examine, audit, and settle all
23 accounts, claims, and demands, whatsoever, against the state,
24 arising under any law or resolution of the Legislature, and
25 issue a warrant to the Treasurer directing the payment
26 Treasurer to pay out of the State Treasury of such amount as
27 he or she allows shall be allowed by the Comptroller thereon.
28 (2) The Chief Financial Officer Comptroller may
29 establish dollar thresholds applicable to each invoice amount
30 and other criteria for testing or sampling invoices on a
31 preaudit and postaudit basis. The Chief Financial Officer
23
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1 Comptroller may revise such thresholds and other criteria for
2 an agency or the unit of any agency as he or she deems
3 appropriate.
4 (3) The Chief Financial Officer Comptroller may adopt
5 and disseminate to the agencies procedural and documentation
6 standards for payment requests and may provide training and
7 technical assistance to the agencies for these standards.
8 (4) The Chief Financial Officer Comptroller shall have
9 the legal duty of delivering all state warrants and shall be
10 charged with the official responsibility of the protection and
11 security of the state warrants while in his or her custody.
12 The Chief Financial Officer Comptroller may delegate this
13 authority to other state agencies or officers.
14 Section 17. Section 17.031, Florida Statutes, is
15 amended to read:
16 17.031 Security of Chief Financial Officer's
17 Comptroller's office.--The Chief Financial Officer may
18 Comptroller is authorized to engage the full-time services of
19 two law enforcement officers, with power of arrest, to prevent
20 all acts of a criminal nature directed at the property in the
21 custody or control of the Chief Financial Officer Comptroller.
22 While so assigned, such said officers shall be under the
23 direction and supervision of the Chief Financial Officer
24 Comptroller, and their salaries and expenses shall be paid
25 from the general fund of the office of Chief Financial Officer
26 Comptroller.
27 Section 18. Section 17.04, Florida Statutes, is
28 amended to read:
29 17.04 To audit and adjust accounts of officers and
30 those indebted to the state.--The Chief Financial Officer
31 Department of Banking and Finance of this state, using
24
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1 generally accepted auditing procedures for testing or
2 sampling, shall examine, audit, adjust, and settle the
3 accounts of all the officers of this state, and any other
4 person in anywise entrusted with, or who may have received any
5 property, funds, or moneys of this state, or who may be in
6 anywise indebted or accountable to this state for any
7 property, funds, or moneys, and require such officer or
8 persons to render full accounts thereof, and to yield up such
9 property or funds according to law, or pay such moneys into
10 the treasury of this state, or to such officer or agent of the
11 state as may be appointed to receive the same, and on failure
12 so to do, to cause to be instituted and prosecuted
13 proceedings, criminal or civil, at law or in equity, against
14 such persons, according to law. The Division of Accounting
15 and Auditing Financial Investigations may conduct
16 investigations within or outside of this state as it deems
17 necessary to aid in the enforcement of this section. If
18 during an investigation the division has reason to believe
19 that any criminal statute of this state has or may have been
20 violated, the division shall refer any records tending to show
21 such violation to state or federal law enforcement or
22 prosecutorial agencies and shall provide investigative
23 assistance to those agencies as required.
24 Section 19. Section 17.0401, Florida Statutes, is
25 amended to read:
26 17.0401 Confidentiality of information relating to
27 financial investigations.--Except as otherwise provided by
28 this section, information relative to an investigation
29 conducted by the Division of Accounting and Auditing Financial
30 Investigations pursuant to s. 17.04, including any consumer
31 complaint, is confidential and exempt from the provisions of
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1 s. 119.07(1) and s. 24(a), Art. I of the State Constitution
2 until the investigation is completed or ceases to be active.
3 Any information relating to an investigation conducted by the
4 division pursuant to s. 17.04 shall remain confidential and
5 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
6 I of the State Constitution after the division's investigation
7 is completed or ceases to be active if the division submits
8 the information to any law enforcement or prosecutorial agency
9 for further investigation. Such information shall remain
10 confidential and exempt from the provisions of s. 119.07(1)
11 and s. 24(a), Art. I of the State Constitution until that
12 agency's investigation is completed or ceases to be active.
13 For purposes of this section, an investigation shall be
14 considered "active" so long as the division or any law
15 enforcement or prosecutorial agency is proceeding with
16 reasonable dispatch and has a reasonable good faith belief
17 that the investigation may lead to the filing of an
18 administrative, civil, or criminal proceeding. This section
19 shall not be construed to prohibit disclosure of information
20 that which is required by law to be filed with the Department
21 of Financial Services or the Office of Financial Regulation
22 Banking and Finance and that which, but for the investigation,
23 would otherwise be subject to public disclosure. Nothing in
24 this section shall be construed to prohibit the division from
25 providing information to any law enforcement or prosecutorial
26 agency. Any law enforcement or prosecutorial agency receiving
27 confidential information from the division in connection with
28 its official duties shall maintain the confidentiality of the
29 information as provided for in this section.
30 Section 20. Section 17.041, Florida Statutes, is
31 amended to read:
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1 17.041 County and district accounts and claims.--
2 (1) It shall be the duty of the Chief Financial
3 Officer Department of Banking and Finance of this state to
4 adjust and settle, or cause to be adjusted and settled, all
5 accounts and claims heretofore or hereafter reported to it by
6 the Auditor General, the appropriate county or district
7 official, or any person against all county and district
8 officers and employees, and against all other persons
9 entrusted with, or who may have received, any property, funds,
10 or moneys of a county or district or who may be in anywise
11 indebted to or accountable to a county or district for any
12 property, funds, moneys, or other thing of value, and to
13 require such officer, employee, or person to render full
14 accounts thereof and to yield up such property, funds, moneys,
15 or other thing of value according to law to the officer or
16 authority entitled by law to receive the same.
17 (2) On the failure of such officer, employee, or
18 person to adjust and settle such account, or to yield up such
19 property, funds, moneys, or other thing of value, the Chief
20 Financial Officer department shall direct the attorney for the
21 board of county commissioners, the district school board, or
22 the district, as the case may be, entitled to such account,
23 property, funds, moneys, or other thing of value to represent
24 such county or district in enforcing settlement, payment or
25 delivery of such account, property, funds, moneys, or other
26 thing of value. The Chief Financial Officer department may
27 enforce such settlement, payment, or delivery pursuant to s.
28 17.20.
29 (3) Should the attorney for the county or district
30 aforesaid be disqualified or unable to act, and no other
31 attorney be furnished by the county or district, or should the
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1 Chief Financial Officer department otherwise deem it
2 advisable, such account or claim may be certified to the
3 Department of Legal Affairs by the Chief Financial Officer
4 department, to be prosecuted by the Department of Legal
5 Affairs at county or district expense, as the case may be,
6 including necessary per diem and travel expense in accordance
7 with s. 112.061, as now or hereafter amended. Such expenses,
8 when approved by the Chief Financial Officer department, shall
9 be paid forthwith by such county or district.
10 (4) If Should it appears appear to the Chief Financial
11 Officer department that any criminal statute of this state has
12 or may have been violated by such defaulting officer,
13 employee, or person, such information, evidence, documents,
14 and other things tending to show such a violation, whether in
15 the hands of the Chief Financial Officer Comptroller, the
16 Auditor General, the county, or the district, shall be
17 forthwith turned over to the proper state attorney for
18 inspection, study, and such action as may be deemed proper, or
19 the same may be brought to the attention of the proper grand
20 jury.
21 (5) No such account or claim, after it has been
22 certified to the Chief Financial Officer department, may be
23 settled for less than the amount due according to law without
24 the written consent of the Chief Financial Officer department,
25 and any attempt to make settlement in violation of this
26 subsection shall be deemed null and void. A county or
27 district board desiring to make such a settlement shall
28 incorporate the proposed settlement into a resolution, stating
29 that the proposed settlement is contingent upon the Chief
30 Financial Officer's Comptroller's approval, and shall submit
31 two copies of the resolution to the department. The Chief
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1 Financial Officer department shall return one copy with his or
2 her the Comptroller's action endorsed thereon.
3 (6) No settlement of account of any such officer,
4 employee, or person, with the county or district, or any of
5 their officers or agents, made in an amount or manner other
6 than as authorized by law or for other than a lawful county or
7 district purpose, shall be binding upon such county or
8 district unless and until approved by the Chief Financial
9 Officer department, or unless more than 4 years shall have
10 elapsed from the date of such settlement.
11 (7) Nothing in this section shall supersede the
12 continuing duty of the proper county and district officers to
13 require any officer, employee, or person to render full
14 accounts of and to yield up according to law to the officer or
15 authority entitled by law to receive the same, any property,
16 funds, moneys, or other thing of value as to which such
17 officer, employee, or person is in anywise indebted to or
18 accountable to such county or district. The provisions of
19 this section provide for collections and recoveries which the
20 proper county or district officers have failed to make, and
21 for correction of settlements made in an amount or manner
22 other than as authorized by law.
23 Section 21. Section 17.0415, Florida Statutes, is
24 amended to read:
25 17.0415 Transfer and assignment of claims.--In order
26 to facilitate their collection from third parties, the Chief
27 Financial Officer Comptroller may authorize the assignment of
28 claims among the state, its agencies, and its subdivisions,
29 whether arising from criminal, civil, or other judgments in
30 state or federal court. The state, its agencies, and its
31 subdivisions, may assign claims under such terms as are
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1 mutually acceptable to the Chief Financial Officer Comptroller
2 and the assignee and assignor. The assigned claim may be
3 enforced as a setoff to any claim against the state, its
4 agencies, or its subdivisions, by garnishment or in the same
5 manner as a judgment in a civil action. Claims against the
6 state, its agencies, and its subdivisions resulting from the
7 condemnation of property protected by the provisions of s. 4,
8 Art. X of the State Constitution are not subject to setoff
9 pursuant to this section.
10 Section 22. Section 17.05, Florida Statutes, is
11 amended to read:
12 17.05 Subpoenas; sworn statements; enforcement
13 proceedings.--
14 (1) The Chief Financial Officer Comptroller may demand
15 and require full answers on oath from any and every person,
16 party or privy to any account, claim, or demand against or by
17 the state, such as it may be the Chief Financial Officer's
18 Comptroller's official duty to examine into, and which answers
19 the Chief Financial Officer Comptroller may require to be in
20 writing and to be sworn to before the Chief Financial Officer
21 Comptroller or the department or before any judicial officer
22 or clerk of any court of the state so as to enable the Chief
23 Financial Officer Comptroller to determine the justice or
24 legality of such account, claim, or demand.
25 (2) In exercising authority under this chapter, the
26 Chief Financial Officer Comptroller or his or her designee
27 may:
28 (a) Issue subpoenas, administer oaths, and examine
29 witnesses.
30 (b) Require or permit a person to file a statement in
31 writing, under oath or otherwise as the Chief Financial
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1 Officer Comptroller or his or her designee requires, as to all
2 the facts and circumstances concerning the matter to be
3 audited, examined, or investigated.
4 (3) Subpoenas shall be issued by the Chief Financial
5 Officer Comptroller or his or her designee under seal
6 commanding such witnesses to appear before the Chief Financial
7 Officer Comptroller or his or her the Comptroller's
8 representative or the department at a specified time and place
9 and to bring books, records, and documents as specified or to
10 submit books, records, and documents for inspection. Such
11 subpoenas may be served by an authorized representative of the
12 Chief Financial Officer Comptroller or the department.
13 (4) In the event of noncompliance with a subpoena
14 issued pursuant to this section, the Chief Financial Officer
15 Comptroller or the department may petition the circuit court
16 of the county in which the person subpoenaed resides or has
17 his or her principal place of business for an order requiring
18 the subpoenaed person to appear and testify and to produce
19 books, records, and documents as specified in the subpoena.
20 The court may grant legal, equitable, or injunctive relief,
21 including, but not limited to, issuance of a writ of ne exeat
22 or the restraint by injunction or appointment of a receiver of
23 any transfer, pledge, assignment, or other disposition of such
24 person's assets or any concealment, alteration, destruction,
25 or other disposition of subpoenaed books, records, or
26 documents, as the court deems appropriate, until such person
27 has fully complied with such subpoena and the Chief Financial
28 Officer Comptroller or the department has completed the audit,
29 examination, or investigation. The Chief Financial Officer
30 Comptroller or the department is entitled to the summary
31 procedure provided in s. 51.011, and the court shall advance
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1 the cause on its calendar. Costs incurred by the Chief
2 Financial Officer Comptroller or the department to obtain an
3 order granting, in whole or in part, such petition for
4 enforcement of a subpoena shall be charged against the
5 subpoenaed person, and failure to comply with such order shall
6 be a contempt of court.
7 Section 23. Section 17.075, Florida Statutes, is
8 amended to read:
9 17.075 Form of state warrants and other payment
10 orders; rules.--
11 (1) The Chief Financial Officer Department of Banking
12 and Finance is authorized to establish the form or forms of
13 state warrants which are to be drawn by him or her it and of
14 other orders for payment or disbursement of moneys out of the
15 State Treasury and to change the form thereof from time to
16 time as the Chief Financial Officer department may consider
17 necessary or appropriate. Such orders for payment may be in
18 any form, but, regardless of form, each order shall be subject
19 to the accounting and recordkeeping requirements applicable to
20 state warrants.
21 (2) The Chief Financial Officer department shall adopt
22 rules establishing accounting and recordkeeping procedures for
23 all payments made by electronic transfer of funds or by any
24 other means. Such procedures shall be consistent with the
25 statutory requirements applicable to payments by state
26 warrant.
27 Section 24. Section 17.076, Florida Statutes, is
28 amended to read:
29 17.076 Direct deposit of funds.--
30 (1) As used in this section, the term:
31
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1 (a) "beneficiary" means any person who is drawing
2 salary or retirement benefits from the state or who is the
3 recipient of any lawful payment from state funds.
4 (b) "Department" means the Department of Banking and
5 Finance.
6 (2) The Chief Financial Officer department shall
7 establish a program for the direct deposit of funds to the
8 account of the beneficiary of such a payment or disbursement
9 in any financial institution equipped for electronic fund
10 transfers, which institution is designated in writing by such
11 beneficiary and has lawful authority to accept such deposits.
12 Direct deposit of funds shall be by any electronic or other
13 transfer medium approved by the Chief Financial Officer
14 department for such purpose.
15 (3) The Chief Financial Officer department may
16 contract with an authorized financial institution for the
17 services necessary to operate the program. In order to
18 implement the provisions of this section, the Chief Financial
19 Officer may Comptroller is authorized to deposit with that
20 financial institution the funds payable to the beneficiaries,
21 in lump sum, by Chief Financial Officer's Comptroller's
22 warrant to make the authorized direct deposits.
23 (4) The written authorization of a beneficiary shall
24 be filed with the department or its designee. Such
25 authorization shall remain in effect until withdrawn in
26 writing by the beneficiary or dishonored by the designated
27 financial institution.
28 (5) All direct deposit records made prior to October
29 1, 1986, are exempt from the provisions of s. 119.07(1). With
30 respect to direct deposit records made on or after October 1,
31 1986, the names of the authorized financial institutions and
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1 the account numbers of the beneficiaries are confidential and
2 exempt from the provisions of s. 119.07(1).
3 (6) The department shall implement local option direct
4 deposit of funds for local governmental entities by January 1,
5 1996.
6 (6)(7) To cover the department's actual costs for
7 processing the direct deposit of funds other than salary or
8 retirement benefits, the department may charge the beneficiary
9 of the direct deposit a reasonable fee. The department may
10 collect the fee by direct receipt from the beneficiary or by
11 subtracting the amount of the fee from the funds due the
12 beneficiary. Such fees collected by the department shall be
13 deposited into the Department of Financial Services Banking
14 and Finance Administrative Trust Fund.
15 (7)(8) Effective July 1, 2000, all new recipients of
16 retirement benefits from this state shall be paid by direct
17 deposit of funds. A retiree may request from the department an
18 exemption from the provisions of this subsection when such
19 retiree can demonstrate a hardship. The department may pay
20 retirement benefits by state warrant when deemed
21 administratively necessary.
22 Section 25. Section 17.08, Florida Statutes, is
23 amended to read:
24 17.08 Accounts, etc., on which warrants drawn, to be
25 filed.--All accounts, vouchers, and evidence, upon which
26 warrants have heretofore been, or shall hereafter be, drawn
27 upon the treasury by the Chief Financial Officer Comptroller
28 shall be filed and deposited in the office of Chief Financial
29 Officer Comptroller or the office of the Chief Financial
30 Officer's Comptroller's designee, in accordance with
31 requirements established by the Secretary of State.
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1 Section 26. Section 17.09, Florida Statutes, is
2 amended to read:
3 17.09 Application for warrants for salaries.--All
4 public officers who are entitled to salaries in this state,
5 shall make their application for warrants in writing, stating
6 for what terms and the amount they claim, which written
7 application shall be filed by the Chief Financial Officer
8 Comptroller as vouchers for the warrants issued thereupon.
9 Section 27. Section 17.10, Florida Statutes, is
10 amended to read:
11 17.10 Record of warrants and of state funds and
12 securities issued.--The Chief Financial Officer Comptroller
13 shall cause to be entered in the warrant register a record of
14 the warrants issued during the previous month, and shall make
15 such entry in the record so required to be kept as shall show
16 the number of each warrant issued, in whose favor drawn, and
17 the date it was issued. He or she shall account for all state
18 funds and securities.
19 Section 28. Section 17.11, Florida Statutes, is
20 amended to read:
21 17.11 To report disbursements made.--
22 (1) The Chief Financial Officer Comptroller shall make
23 in all his or her future annual reports an exhibit stated from
24 the record of disbursements made during the fiscal year, and
25 the several heads of expenditures under which such
26 disbursements were made.
27 (2) The Chief Financial Officer Comptroller shall also
28 cause to have reported from the Florida Accounting Information
29 Resource Subsystem no less than quarterly the disbursements
30 which agencies made to small businesses, as defined in the
31 Florida Small and Minority Business Assistance Act of 1985; to
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1 certified minority business enterprises in the aggregate; and
2 to certified minority business enterprises broken down into
3 categories of minority persons, as well as gender and
4 nationality subgroups. This information shall be made
5 available to the agencies, the Office of Supplier Diversity,
6 the Governor, the President of the Senate, and the Speaker of
7 the House of Representatives. Each agency shall be responsible
8 for the accuracy of information entered into the Florida
9 Accounting Information Resource Subsystem for use in this
10 reporting.
11 Section 29. Section 17.12, Florida Statutes, is
12 amended to read:
13 17.12 Authorized to issue warrants to tax collector or
14 sheriff for payment.--Whenever it shall appear to the
15 satisfaction of the Chief Financial Officer Comptroller of
16 this state from examination of the books of his or her office
17 that the tax collector or the sheriff for any county in this
18 state has paid into the State Treasury, through mistake or
19 otherwise, a larger or greater sum than is actually due from
20 such said collector or sheriff, then the Chief Financial
21 Officer Comptroller may issue a warrant to such said collector
22 or sheriff for the sum so found to be overpaid.
23 Section 30. Section 17.13, Florida Statutes, is
24 amended to read:
25 17.13 To duplicate warrants lost or destroyed.--
26 (1) The Chief Financial Officer Comptroller is
27 required to duplicate any Chief Financial Officer's
28 Comptroller's warrants that may have been lost or destroyed,
29 or may hereafter be lost or destroyed, upon the owner thereof
30 or the owner's agent or attorney presenting the Chief
31 Financial Officer Comptroller the statement, under oath,
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1 reciting the number, date, and amount of any warrant or the
2 best and most definite description in his or her knowledge and
3 the circumstances of its loss; if the Chief Financial Officer
4 Comptroller deems it necessary, the owner or the owner's agent
5 or attorney shall file in the office of the Chief Financial
6 Officer Comptroller a surety bond, or a bond with securities,
7 to be approved by one of the judges of the circuit court or
8 one of the justices of the Supreme Court, in a penalty of not
9 less than twice the amount of any warrants so duplicated,
10 conditioned to indemnify the state and any innocent holders
11 thereof from any damages that may accrue from such
12 duplication.
13 (2) The Chief Financial Officer Comptroller is
14 required to duplicate any Chief Financial Officer's
15 Comptroller's warrant that may have been lost or destroyed, or
16 may hereafter be lost or destroyed, when sent to any payee via
17 any state agency when such warrant is lost or destroyed prior
18 to being received by the payee and provided the director of
19 the state agency to whom the warrant was sent presents to the
20 Chief Financial Officer Comptroller a statement, under oath,
21 reciting the number, date, and amount of the warrant lost or
22 destroyed, the circumstances surrounding the loss or
23 destruction of such warrant, and any additional information
24 that the Chief Financial Officer Comptroller shall request in
25 regard to such warrant.
26 (3) Any duplicate Chief Financial Officer's
27 Comptroller's warrant issued in pursuance of the above
28 provisions shall be of the same validity as the original was
29 before its loss.
30 Section 31. Section 17.14, Florida Statutes, is
31 amended to read:
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1 17.14 To prescribe forms.--The Chief Financial Officer
2 Department of Banking and Finance may prescribe the forms of
3 all papers, vouchers, reports and returns and the manner of
4 keeping the accounts and papers to be used by the officers of
5 this state or other persons having accounts, claims, or
6 demands against the state or entrusted with the collection of
7 any of the revenue thereof or any demand due the same, which
8 form shall be pursued by such officer or other persons.
9 Section 32. Section 17.16, Florida Statutes, is
10 amended to read:
11 17.16 Seal.--The seal of office of the Chief Financial
12 Officer Comptroller of the state shall be the same as the seal
13 heretofore used for that purpose.
14 Section 33. Section 17.17, Florida Statutes, is
15 amended to read:
16 17.17 Examination by Governor and report.--The office
17 of Chief Financial Officer Comptroller of the state, and the
18 books, files, documents, records, and papers shall always be
19 subject to the examination of the Governor of this state, or
20 any person the Governor may authorize to examine the same; and
21 on the first day of January of each and every year, or oftener
22 if called for by the Governor, the Chief Financial Officer
23 Comptroller shall make a full report of all his or her
24 official acts and proceedings for the last fiscal year to the
25 Governor, to be laid before the Legislature with the
26 Governor's message, and shall make such further report as the
27 constitution may require.
28 Section 34. Section 17.20, Florida Statutes, is
29 amended to read:
30 17.20 Assignment of claims for collection.--
31
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1 (1) The Chief Financial Officer Department of Banking
2 and Finance shall charge the state attorneys with the
3 collection of all claims that are placed in their hands for
4 collection of money or property for the state or any county or
5 special district, or that it otherwise requires them to
6 collect. The charges are evidence of indebtedness of a state
7 attorney against whom any charge is made for the full amount
8 of the claim, until the charges have been collected and paid
9 into the treasury of the state or of the county or special
10 district or the legal remedies of the state have been
11 exhausted, or until the state attorney demonstrates to the
12 Chief Financial Officer department that the failure to collect
13 the charges is not due to negligence and the Chief Financial
14 Officer department has made a proper entry of satisfaction of
15 the charge against the state attorney.
16 (2) The Chief Financial Officer department may assign
17 the collection of any claim to a collection agent who is
18 registered and in good standing pursuant to chapter 559, if
19 the Chief Financial Officer department determines the
20 assignation to be cost-effective. The Chief Financial Officer
21 department may pay an agent from any amount collected under
22 the claim a fee that the Chief Financial Officer department
23 and the agent have agreed upon; may authorize the agent to
24 deduct the fee from the amount collected; may require the
25 appropriate state agency, county, or special district to pay
26 the agent the fee from any amount collected by the agent on
27 its behalf; or may authorize the agent to add the fee to the
28 amount to be collected.
29 (3) Notwithstanding any other provision of law, in any
30 contract providing for the location or collection of unclaimed
31 property, the Chief Financial Officer department may authorize
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1 the contractor to deduct its fees and expenses for services
2 provided under the contract from the unclaimed property that
3 the contractor has recovered or collected under the contract.
4 The Chief Financial Officer department shall annually report
5 to the Governor, President of the Senate, and the Speaker of
6 the House of Representatives the total amount collected or
7 recovered by each contractor during the previous fiscal year
8 and the total fees and expenses deducted by each contractor.
9 Section 35. Section 17.21, Florida Statutes, is
10 amended to read:
11 17.21 Not to allow any claim of state attorney against
12 state until report made.--The Chief Financial Officer
13 Comptroller shall not audit or allow any claim which any state
14 attorney may have against the state for services who shall
15 fail to make any report which by law the state attorney is
16 required to make to the Chief Financial Officer Comptroller of
17 claims of the state which it is his or her duty to collect.
18 Section 36. Section 17.22, Florida Statutes, is
19 amended to read:
20 17.22 Notice to Department of Legal Affairs.--Whenever
21 the Chief Financial Officer Department of Banking and Finance
22 forwards any bond or account or claim for suit to any state
23 attorney, he or she it shall advise the Department of Legal
24 Affairs of the fact, giving it the amount of the claim and
25 other necessary particulars for its full information upon the
26 subject.
27 Section 37. Section 17.25, Florida Statutes, is
28 amended to read:
29 17.25 May certify copies.--The Chief Financial Officer
30 Comptroller of this state may certify, under his or her seal
31 of office, copies of any record, paper, or document, by law
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1 placed in the Chief Financial Officer's Comptroller's custody,
2 keeping, and care; and such certified copy shall have the same
3 force and effect as evidence as the original would have.
4 Section 38. Sections (1) and (3) of section 17.26,
5 Florida Statutes, are amended to read:
6 17.26 Cancellation of state warrants not presented
7 within 1 year.--
8 (1) If any state warrant issued by the Chief Financial
9 Officer or Comptroller against any fund in the State Treasury
10 is not presented for payment within 1 year after the last day
11 of the month in which it was originally issued, the Chief
12 Financial Officer Comptroller may cancel the warrant and
13 credit the amount of the warrant to the fund upon which it is
14 drawn. If the warrant so canceled was issued against a fund
15 that is no longer operative, the amount of the warrant shall
16 be credited to the General Revenue Fund. The Chief Financial
17 Officer Treasurer shall not honor any state warrant after it
18 has been canceled.
19 (3) When a warrant canceled under subsection (1)
20 represents funds that are in whole or in part derived from
21 federal contributions and disposition of the funds under
22 chapter 717 would cause a loss of the federal contributions,
23 the Governor shall certify to the Chief Financial Officer
24 Comptroller that funds represented by such warrants are for
25 that reason exempt from treatment as unclaimed property.
26 Obligations represented by warrants are unenforceable after 1
27 year from the last day of the month in which the warrant was
28 originally issued. An action may not be commenced thereafter
29 on the obligation unless authorized by the federal program
30 from which the original warrant was funded and unless payment
31 of the obligation is authorized to be made from the current
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1 federal funding. When a payee or person entitled to a warrant
2 subject to this paragraph requests payment, and payment from
3 current federal funding is authorized by the federal program
4 from which the original warrant was funded, the Chief
5 Financial Officer Comptroller may, upon investigation, issue a
6 new warrant to be paid out of the proper fund in the State
7 Treasury, provided the payee or other person executes under
8 oath the statement required by s. 17.13 or surrenders the
9 canceled warrant.
10 Section 39. Subsections (1), (2), and (3) of section
11 17.27, Florida Statutes, are amended to read:
12 17.27 Microfilming and destroying records and
13 correspondence.--
14 (1) The Department of Financial Services Banking and
15 Finance may destroy general correspondence files and also any
16 other records which the department may deem no longer
17 necessary to preserve in accordance with retention schedules
18 and destruction notices established under rules of the
19 Division of Library and Information Services, records and
20 information management program, of the Department of State.
21 Such schedules and notices relating to financial records of
22 the department shall be subject to the approval of the Auditor
23 General.
24 (2) The Department of Financial Services Banking and
25 Finance may photograph, microphotograph, or reproduce on film
26 such documents and records as it may select, in such manner
27 that each page will be exposed in exact conformity with the
28 original.
29 (3) The Department of Financial Services Banking and
30 Finance may destroy any of such said documents after they have
31
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1 been photographed and filed in accordance with the provisions
2 of subsection (1).
3 Section 40. Section 17.28, Florida Statutes, is
4 amended to read:
5 17.28 Chief Financial Officer Comptroller may
6 authorize biweekly salary payments.--The Chief Financial
7 Officer Comptroller is authorized and may permit biweekly
8 salary payments to personnel upon written request by a
9 specific state agency. The Chief Financial Officer
10 Comptroller shall adopt promulgate reasonable rules and
11 regulations to carry out the intent of this section.
12 Section 41. Section 17.29, Florida Statutes, is
13 amended to read:
14 17.29 Authority to prescribe rules.--The Chief
15 Financial Officer may Comptroller has authority to adopt rules
16 pursuant to ss. 120.54 and 120.536(1) to implement this
17 chapter and duties assigned by statute or the State
18 Constitution. Such rules may include, but are not limited to,
19 the following:
20 (1) Procedures or policies relating to the processing
21 of payments from salaries, other personal services, or any
22 other applicable appropriation.
23 (2) Procedures for processing interagency and
24 intraagency payments which do not require the issuance of a
25 state warrant.
26 Section 42. Section 17.30, Florida Statutes, is
27 amended to read:
28 17.30 Dissemination of information.--The Chief
29 Financial Officer Comptroller may disseminate, in any form or
30 manner he or she considers appropriate, information regarding
31 the Chief Financial Officer's Comptroller's official duties.
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1 Section 43. Section 17.32, Florida Statutes, is
2 amended to read:
3 17.32 Annual report of trust funds; duties of Chief
4 Financial Officer Comptroller.--
5 (1) On February 1 of each year, the Chief Financial
6 Officer Comptroller shall present to the President of the
7 Senate and the Speaker of the House of Representatives a
8 report listing all trust funds as defined in s. 215.32. The
9 report shall contain the following data elements for each fund
10 for the preceding fiscal year:
11 (a) The fund code.
12 (b) The title.
13 (c) The fund type according to generally accepted
14 accounting principles.
15 (d) The statutory authority.
16 (e) The beginning cash balance.
17 (f) Direct revenues.
18 (g) Nonoperating revenues.
19 (h) Operating disbursements.
20 (i) Nonoperating disbursements.
21 (j) The ending cash balance.
22 (k) The department and budget entity in which the fund
23 is located.
24 (2) The report shall separately list all funds that
25 received no revenues other than interest earnings or transfers
26 from the General Revenue Fund or from other trust funds during
27 the preceding fiscal year.
28 (3) The report shall separately list all funds that
29 had unencumbered balances in excess of $2 million in each of
30 the 2 preceding fiscal years.
31
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1 Section 44. Section 17.325, Florida Statutes, is
2 amended to read:
3 17.325 Governmental efficiency hotline; duties of
4 Chief Financial Officer Comptroller.--
5 (1) By September 1, 1992, The Chief Financial Officer
6 Comptroller shall establish and operate a statewide toll-free
7 telephone hotline to receive information or suggestions from
8 the citizens of this state on how to improve the operation of
9 government, increase governmental efficiency, and eliminate
10 waste in government. The Chief Financial Officer Comptroller
11 shall report each month to the Appropriations Committee of the
12 House of Representatives and of the Senate the information or
13 suggestions received through the hotline and the evaluations
14 and determinations made by the affected agency, as provided in
15 subsection (3), with respect to such information or
16 suggestions.
17 (2) The Chief Financial Officer Comptroller shall
18 operate the hotline 24 hours a day. The Chief Financial
19 Officer Comptroller shall advertise the availability of the
20 hotline in newspapers of general circulation in this state and
21 shall provide for the posting of notices in conspicuous places
22 in state agency offices, city halls, county courthouses, and
23 places in which there is exposure to significant numbers of
24 the general public, including, but not limited to, local
25 convenience stores, shopping malls, shopping centers, gasoline
26 stations, or restaurants. The Chief Financial Officer
27 Comptroller shall use the slogan "Tell us where we can 'Get
28 Lean'" for the hotline and in advertisements for the hotline.
29 (3) Each telephone call on the hotline shall be
30 received by the office of the Chief Financial Officer
31 Comptroller, and the office of the Chief Financial Officer
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1 Comptroller shall conduct an evaluation to determine if it is
2 appropriate for the telephone call to be processed as a "Get
3 Lean" telephone call. If it is determined that the telephone
4 call should be processed as a "Get Lean" telephone call, a
5 record of each suggestion or item of information received
6 shall be entered into a log kept by the Chief Financial
7 Officer Comptroller. A caller on the hotline may remain
8 anonymous, and, if the caller provides his or her name, the
9 name shall be confidential. If a caller discloses that he or
10 she is a state employee, the Chief Financial Officer
11 Comptroller, in addition to maintaining a record as required
12 by this section, may refer any information or suggestion from
13 the caller to an existing state awards program administered by
14 the affected agency. The affected agency shall conduct a
15 preliminary evaluation of the efficacy of any suggestion or
16 item of information received through the hotline and shall
17 provide the Chief Financial Officer Comptroller with a
18 preliminary determination of the amount of revenues the state
19 might save by implementing the suggestion or making use of the
20 information.
21 (4) Any person who provides any information through
22 the hotline shall be immune from liability for any use of such
23 information and shall not be subject to any retaliation by any
24 employee of the state for providing such information or making
25 such suggestion.
26 (5) The Chief Financial Officer Comptroller shall
27 adopt any rule necessary to implement the establishment,
28 operation, and advertisement of the hotline.
29 Section 45. Section 17.41, Florida Statutes, is
30 amended to read:
31
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1 17.41 Department of Financial Services Banking and
2 Finance Tobacco Settlement Clearing Trust Fund.--
3 (1) The Department of Financial Services Banking and
4 Finance Tobacco Settlement Clearing Trust Fund is created
5 within that department.
6 (2) Funds to be credited to the Tobacco Settlement
7 Clearing Trust Fund shall consist of payments received by the
8 state from settlement of State of Florida v. American Tobacco
9 Co., No. 95-1466AH (Fla. 15th Cir. Ct. 1996). Moneys received
10 from the settlement and deposited into the trust fund are
11 exempt from the service charges imposed under s. 215.20.
12 (3)(a) Subject to approval of the Legislature, all or
13 any portion of the state's right, title, and interest in and
14 to the tobacco settlement agreement may be sold to the Tobacco
15 Settlement Financing Corporation created pursuant to s.
16 215.56005. Any such sale shall be a true sale and not a
17 borrowing.
18 (b) Any moneys received by the state pursuant to any
19 residual interest retained in the tobacco settlement agreement
20 or the payments to be made under the tobacco settlement
21 agreement shall be deposited into the Tobacco Settlement
22 Clearing Trust Fund.
23 (4) Net proceeds of the sale of the tobacco settlement
24 agreement received by the state shall be immediately deposited
25 into the Lawton Chiles Endowment Fund, created in s. 215.5601,
26 without deposit to the Tobacco Settlement Clearing Trust Fund.
27 (5) The department shall disburse funds, by
28 nonoperating transfer, from the Tobacco Settlement Clearing
29 Trust Fund to the tobacco settlement trust funds of the
30 various agencies in amounts equal to the annual appropriations
31
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1 made from those agencies' trust funds in the General
2 Appropriations Act.
3 (6) Pursuant to the provisions of s. 19(f)(3), Art.
4 III of the State Constitution, the Tobacco Settlement Clearing
5 Trust Fund is exempt from the termination provisions of s.
6 19(f)(2), Art. III of the State Constitution.
7 Section 46. Section 17.43, Florida Statutes, is
8 amended to read:
9 17.43 Chief Financial Officer's Comptroller's Federal
10 Equitable Sharing Trust Fund.--
11 (1) The Chief Financial Officer's Comptroller's
12 Federal Equitable Sharing Trust Fund is created within the
13 Department of Financial Services Banking and Finance. The
14 department may deposit into the trust fund receipts and
15 revenues received as a result of federal criminal,
16 administrative, or civil forfeiture proceedings and receipts
17 and revenues received from federal asset-sharing programs. The
18 trust fund is exempt from the service charges imposed by s.
19 215.20.
20 (2) Notwithstanding the provisions of s. 216.301 and
21 pursuant to s. 216.351, any balance in the trust fund at the
22 end of any fiscal year shall remain in the trust fund at the
23 end of the year and shall be available for carrying out the
24 purposes of the trust fund.
25 Section 47. Section 18.01, Florida Statutes, is
26 transferred, renumbered as section 17.51, Florida Statutes,
27 and amended to read:
28 17.51 18.01 Oath and certificate of Chief Financial
29 Officer Treasurer.--The Chief Financial Officer Treasurer
30 shall, within 10 days before he or she enters upon the duties
31 of office, take and subscribe an oath or affirmation
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1 faithfully to discharge the duties of office, which oath or
2 affirmation must be deposited with the Department of State.
3 The Chief Financial Officer Treasurer shall also file with the
4 Department of State a certificate from the Comptroller
5 attesting that the retiring Treasurer or Chief Financial
6 Officer has turned over vouchers for all payments made as
7 required by law, and that the Treasurer's account has been
8 truly credited with the same, and that he or she has filed
9 receipts from his or her successor for all vouchers paid since
10 the end of last quarter, and for balance of cash, and for all
11 bonds and other securities held by the Treasurer or Chief
12 Financial Officer as such, and a certificate from each board
13 of which he or she is made by law ex officio treasurer, that
14 he or she has satisfactorily accounted to such board as its
15 treasurer.
16 Section 48. Section 18.02, Florida Statutes, is
17 transferred, renumbered as section 17.52, Florida Statutes,
18 and amended to read:
19 17.52 18.02 Moneys paid on warrants.--The Division of
20 Treasury Treasurer shall pay all warrants on the treasury
21 drawn by the Chief Financial Officer or Comptroller and other
22 orders by the Chief Financial Officer or Comptroller for the
23 disbursement of state funds by electronic means or by means of
24 a magnetic tape or any other transfer medium. No moneys shall
25 be paid out of the treasury except on such warrants or other
26 orders of the Chief Financial Officer or Comptroller.
27 Section 49. Section 18.021, Florida Statutes, is
28 transferred, renumbered as section 17.53, Florida Statutes,
29 and amended to read:
30 17.53 18.021 Chief Financial Officer Treasurer to
31 operate personal check-cashing service.--
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1 (1) The Chief Financial Officer Treasurer is
2 authorized to operate a personal check-cashing service or a
3 remote financial service unit at the capitol for the benefit
4 of state employees or other responsible persons who properly
5 identify themselves.
6 (2) If a personal check is dishonored or a state
7 warrant is forged and the Chief Financial Officer Treasurer
8 has made diligent but unsuccessful effort to collect and has
9 forwarded the returned check for prosecution by the
10 appropriate state attorney, then he or she may include such
11 amount in his or her budget request to be considered during
12 the next legislative session.
13 Section 50. Section 18.05, Florida Statutes, is
14 transferred, renumbered as section 17.54, Florida Statutes,
15 and amended to read:
16 17.54 18.05 Annual report to Governor.--The Chief
17 Financial Officer Treasurer shall make a report in detail to
18 the Governor, with a copy to the President of the Senate and
19 the Speaker of the House of Representatives as soon after the
20 1st day of July of each year as it is practicable to prepare
21 same of the transactions of the Division of Treasury his or
22 her office for the preceding fiscal year, embracing a
23 statement of the receipts and payments on account of each of
24 the several funds of which he or she has the care and custody.
25 Section 51. Section 18.06, Florida Statutes, is
26 transferred, renumbered as section 17.55, Florida Statutes,
27 and amended to read:
28 17.55 18.06 Examination by and monthly statements to
29 the Governor.--The office of the Chief Financial Officer
30 Treasurer of this state, and the books, files, documents,
31 records, and papers thereof, shall always be subject to the
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1 examination of the Governor of the state, or any person he or
2 she may authorize to examine same. The Chief Financial Officer
3 Treasurer shall exhibit to the Governor monthly a trial
4 balance sheet from the Division of Treasury his or her books
5 and a statement of all the credits, moneys, or effects on hand
6 on the day for which such said trial balance sheet is made,
7 and such said statement accompanying such said trial balance
8 sheet shall particularly describe the exact character of
9 funds, credits, and securities, and shall state in detail the
10 amount which he or she may have representing cash, including
11 any not yet entered upon the books of his or her office, and
12 such statement shall be certified and signed by the Chief
13 Financial Officer Treasurer officially.
14 Section 52. Section 18.07, Florida Statutes, is
15 transferred, renumbered as section 17.555, Florida Statutes,
16 and amended to read:
17 17.555 18.07 Division of Treasury Treasurer to keep
18 record of warrants and of state funds and securities.--The
19 Division of Treasury Treasurer shall keep a record of the
20 warrants or other orders of the Chief Financial Officer
21 Comptroller which the Division of Treasury Treasurer pays and
22 shall account for all state funds and securities.
23 Section 53. Section 18.091, Florida Statutes, is
24 transferred, renumbered as section 17.556, Florida Statutes,
25 and amended to read:
26 17.556 18.091 Legislative sessions; additional
27 employees.--
28 (1) Hereafter during any period of time the
29 Legislature of Florida may be in actual session, the Chief
30 Financial Officer Treasurer is empowered to employ additional
31 persons to assist in performing the services required of the
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1 Chief Financial Officer Treasurer in connection with s.
2 17.53(1) s. 18.021(1). The salaries to be paid such employees
3 of the Chief Financial Officer Treasurer shall not be in
4 excess of the highest salary paid by the House of
5 Representatives or the state Senate for secretarial services;
6 and the salaries for said employees shall begin with the
7 convening of the Legislature in session and shall continue for
8 not more than 7 days after the close of the legislative
9 session; provided, that recesses of the Legislature not in
10 excess of 3 days shall be considered as time during which the
11 Legislature is actually in session.
12 (2) In addition to the regular annual appropriations
13 for the Chief Financial Officer Treasurer, there is hereby
14 appropriated for use of the Chief Financial Officer Treasurer
15 from the General Revenue Fund, from time to time as necessary,
16 sufficient sums to pay the salaries of the above-described
17 employees of the Treasurer.
18 Section 54. Section 18.08, Florida Statutes, is
19 transferred, renumbered as section 17.56, Florida Statutes,
20 and amended to read:
21 17.56 18.08 Division of Treasury Treasurer to turn
22 over to the Division of Accounting and Auditing Comptroller
23 all warrants paid.--The Division of Treasury Treasurer shall
24 turn over to the Division of Accounting and Auditing
25 Comptroller, through the data service center, all warrants
26 drawn by the Chief Financial Officer or the Comptroller and
27 paid by the Division of Treasury Treasurer. The Said warrants
28 shall be turned over as soon as the Division of Treasury
29 Treasurer shall have recorded such warrants and charged the
30 same against the accounts upon which such warrants are drawn.
31
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1 Section 55. Section 18.10, Florida Statutes, is
2 transferred, renumbered as section 17.57, Florida Statutes,
3 and amended to read:
4 17.57 18.10 Deposits and investments of state money.--
5 (1) The Chief Financial Officer Treasurer, or other
6 parties with the permission of the Chief Financial Officer
7 Treasurer, shall deposit the money of the state or any money
8 in the State Treasury in such qualified public depositories of
9 the state as will offer satisfactory collateral security for
10 such deposits, pursuant to chapter 280. It is the duty of the
11 Chief Financial Officer Treasurer, consistent with the cash
12 requirements of the state, to keep such money fully invested
13 or deposited as provided herein in order that the state may
14 realize maximum earnings and benefits.
15 (2) The Chief Financial Officer Treasurer shall make
16 funds available to meet the disbursement needs of the state.
17 Funds which are not needed for this purpose shall be placed in
18 qualified public depositories that will pay rates established
19 by the Chief Financial Officer Treasurer at levels not less
20 than the prevailing rate for United States Treasury securities
21 with a corresponding maturity. In the event money is available
22 for interest-bearing time deposits or savings accounts as
23 provided herein and qualified public depositories are
24 unwilling to accept such money and pay thereon the rates
25 established above, then such money which qualified public
26 depositories are unwilling to accept shall be invested in:
27 (a) Direct United States Treasury obligations.
28 (b) Obligations of the Federal Farm Credit Banks.
29 (c) Obligations of the Federal Home Loan Bank and its
30 district banks.
31
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1 (d) Obligations of the Federal Home Loan Mortgage
2 Corporation, including participation certificates.
3 (e) Obligations guaranteed by the Government National
4 Mortgage Association.
5 (f) Obligations of the Federal National Mortgage
6 Association.
7 (g) Commercial paper of prime quality of the highest
8 letter and numerical rating as provided for by at least one
9 nationally recognized rating service.
10 (h) Time drafts or bills of exchange drawn on and
11 accepted by a commercial bank, otherwise known as "bankers
12 acceptances," which are accepted by a member bank of the
13 Federal Reserve System having total deposits of not less than
14 $400 million or which are accepted by a commercial bank which
15 is not a member of the Federal Reserve System with deposits of
16 not less than $400 million and which is licensed by a state
17 government or the Federal Government, and whose senior debt
18 issues are rated in one of the two highest rating categories
19 by a nationally recognized rating service and which are held
20 in custody by a domestic bank which is a member of the Federal
21 Reserve System.
22 (i) Corporate obligations or corporate master notes of
23 any corporation within the United States, if the long-term
24 obligations of such corporation are rated by at least two
25 nationally recognized rating services in any one of the four
26 highest classifications. However, if such obligations are
27 rated by only one nationally recognized rating service, then
28 the obligations shall be rated in any one of the two highest
29 classifications.
30 (j) Obligations of the Student Loan Marketing
31 Association.
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1 (k) Obligations of the Resolution Funding Corporation.
2 (l) Asset-backed or mortgage-backed securities of the
3 highest credit quality.
4 (m) Any obligations not previously listed which are
5 guaranteed as to principal and interest by the full faith and
6 credit of the United States Government or are obligations of
7 United States agencies or instrumentalities which are rated in
8 the highest category by a nationally recognized rating
9 service.
10 (n) Commingled no-load investment funds or no-load
11 mutual funds in which all securities held by the funds are
12 authorized in this subsection.
13 (o) Money market mutual funds as defined and regulated
14 by the Securities and Exchange Commission.
15 (p) Obligations of state and local governments rated
16 in any of the four highest classifications by at least two
17 nationally recognized rating services. However, if such
18 obligations are rated by only one nationally recognized rating
19 service, then the obligations shall be rated in any one of the
20 two highest classifications.
21 (q) Derivatives of investment instruments authorized
22 in paragraphs (a)-(m).
23 (r) Covered put and call options on investment
24 instruments authorized in this subsection for the purpose of
25 hedging transactions by investment managers to mitigate risk
26 or to facilitate portfolio management.
27 (s) Negotiable certificates of deposit issued by
28 financial institutions whose long-term debt is rated in one of
29 the three highest categories by at least two nationally
30 recognized rating services, the investment in which shall not
31 be prohibited by any provision of chapter 280.
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1 (t) Foreign bonds denominated in United States dollars
2 and registered with the Securities and Exchange Commission for
3 sale in the United States, if the long-term obligations of
4 such issuers are rated by at least two nationally recognized
5 rating services in any one of the four highest
6 classifications. However, if such obligations are rated by
7 only one nationally recognized rating service, the obligations
8 shall be rated in any one of the two highest classifications.
9 (u) Convertible debt obligations of any corporation
10 domiciled within the United States, if the convertible debt
11 issue is rated by at least two nationally recognized rating
12 services in any one of the four highest classifications.
13 However, if such obligations are rated by only one nationally
14 recognized rating service, then the obligations shall be rated
15 in any one of the two highest classifications.
16 (v) Securities not otherwise described in this
17 subsection. However, not more than 3 percent of the funds
18 under the control of the Chief Financial Officer Treasurer
19 shall be invested in securities described in this paragraph.
20
21 These investments may be in varying maturities and may be in
22 book-entry form. Investments made pursuant to this subsection
23 may be under repurchase agreement. The Chief Financial Officer
24 may Treasurer is authorized to hire registered investment
25 advisers and other consultants to assist in investment
26 management and to pay fees directly from investment earnings.
27 Investment securities, proprietary investment services related
28 to contracts, performance evaluation services,
29 investment-related equipment or software used directly to
30 assist investment trading or investment accounting operations
31 including bond calculators, telerates, Bloombergs, special
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1 program calculators, intercom systems, and software used in
2 accounting, communications, and trading, and advisory and
3 consulting contracts made under this section are exempt from
4 the provisions of chapter 287.
5 (3) In the event the financial institutions in the
6 state do not make sufficient loan funds available for a
7 residential conservation program pursuant to any plan approved
8 by the Florida Public Service Commission under the Florida
9 Energy Efficiency and Conservation Act, the board may
10 authorize the investment of state funds, except retirement
11 trust funds, in such a loan program at rates not less than
12 prevailing United States Treasury bill rates. However, prior
13 to investment of such funds, the Florida Public Service
14 Commission shall develop a plan which must be approved by the
15 Legislature before implementation.
16 (4) All earnings on any investments made pursuant to
17 this section are hereby appropriated to the General Revenue
18 Fund, except that earnings attributable to moneys made
19 available pursuant to s. 17.61(3) s. 18.125(3)(a) and (b)
20 shall be credited pro rata to the funds from which such moneys
21 were made available.
22 (5) The fact that a municipal officer or a state
23 officer, including an officer of any municipal or state
24 agency, board, bureau, commission, institution, or department,
25 is a stockholder or an officer or director of a bank or
26 savings and loan association will not bar such bank or savings
27 and loan association from being a depository of funds coming
28 under the jurisdiction of any such municipal officer or state
29 officer if it shall appear in the records of the municipal or
30 state office that the governing body of such municipality or
31 state agency has investigated and determined that such
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1 municipal or state officer is not favoring such banks or
2 savings and loan associations over other qualified banks or
3 savings and loan associations.
4 (6) The Chief Financial Officer Treasurer is
5 designated the cash management officer for the state and is
6 charged with the coordination and supervision of procedures
7 providing for the efficient handling of financial assets under
8 the control of the State Treasury and each of the various
9 state agencies, and of the judicial branch, as defined in s.
10 216.011. This responsibility shall include the supervision
11 and approval of all banking relationships. Pursuant to this
12 responsibility, the Chief Financial Officer may Treasurer is
13 authorized to obtain information from financial institutions
14 regarding depository accounts maintained by any agency or
15 institution of the State of Florida.
16 Section 56. Effective July 1, 2003, subsection (4) of
17 section 17.57, Florida Statutes, as amended by this act, is
18 amended to read:
19 17.57 Deposits and investments of state money.--
20 (4) All earnings on any investments made pursuant to
21 this section shall be credited to the General Revenue Fund,
22 except that earnings attributable to moneys made available
23 pursuant to s. 17.61(3) s. 18.125(3) shall be credited pro
24 rata to the funds from which such moneys were made available.
25 Section 57. Section 18.101, Florida Statutes, is
26 transferred, renumbered as section 17.58, Florida Statutes,
27 and amended to read:
28 17.58 18.101 Deposits of public money outside the
29 State Treasury; revolving funds.--
30 (1) All moneys collected by state agencies, boards,
31 bureaus, commissions, institutions, and departments shall,
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1 except as otherwise provided by law, be deposited in the State
2 Treasury. However, when the volume and complexity of
3 collections so justify, the Chief Financial Officer Treasurer
4 may give written approval for such moneys to be deposited in
5 clearing accounts outside the State Treasury in qualified
6 public depositories pursuant to chapter 280. Such deposits
7 shall only be made in depositories designated by the Chief
8 Financial Officer Treasurer. No money may be maintained in
9 such clearing accounts for a period longer than approved by
10 the Chief Financial Officer Treasurer or 40 days, whichever is
11 shorter, prior to its being transmitted to the Chief Financial
12 Officer Treasurer or to an account designated by him or her,
13 distributed to a statutorily authorized account outside the
14 State Treasury, refunded, or transmitted to the Department of
15 Revenue. All depositories so designated shall pledge
16 sufficient collateral to be security for such funds as
17 provided in chapter 280.
18 (2) Revolving funds authorized by the Chief Financial
19 Officer Comptroller for all state agencies, boards, bureaus,
20 commissions, institutions, and departments may be deposited by
21 such agencies, boards, bureaus, commissions, institutions, and
22 departments in qualified public depositories designated by the
23 Chief Financial Officer Treasurer for such revolving fund
24 deposits; and the depositories in which such deposits are made
25 shall pledge collateral security as provided in chapter 280.
26 (3) Notwithstanding the foregoing provisions, clearing
27 and revolving accounts may be established outside the state
28 when necessary to facilitate the authorized operations of any
29 agency, board, bureau, commission, institution, or department.
30 Any of such accounts established in the United States shall be
31 subject to the collateral security requirements of chapter
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1 280. Accounts established outside the United States may be
2 exempted from the requirements of chapter 280 as provided in
3 chapter 280; but before any unsecured account is established,
4 the agency requesting or maintaining the account shall
5 recommend a financial institution to the Chief Financial
6 Officer Treasurer for designation to hold the account and
7 shall submit evidence of the financial condition, size,
8 reputation, and relative prominence of the institution from
9 which the Chief Financial Officer Treasurer can reasonably
10 conclude that the institution is financially sound before
11 designating it to hold the account.
12 (4) Each department shall furnish a statement to the
13 Chief Financial Officer Treasurer, on or before the 20th of
14 the month following the end of each calendar quarter, listing
15 each clearing account and revolving fund within that
16 department's jurisdiction. Such statement shall report, as of
17 the last day of the calendar quarter, the cash balance in each
18 revolving fund and that portion of the cash balance in each
19 clearing account that will eventually be deposited to the
20 State Treasury as provided by law. The Chief Financial Officer
21 Treasurer shall show the sum total of state funds in clearing
22 accounts and revolving funds, as most recently reported to the
23 Chief Financial Officer Treasurer by various departments, in
24 his or her monthly statement to the Governor, pursuant to s.
25 17.55 s. 18.06.
26 Section 58. Section 18.103, Florida Statutes, is
27 transferred, renumbered as section 17.59, Florida Statutes,
28 and amended to read:
29 17.59 18.103 Safekeeping services of Treasurer.--
30 (1) The Chief Financial Officer Treasurer may accept
31 for safekeeping purposes, deposits of cash, securities, and
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1 other documents or articles of value from any state agency as
2 defined in s. 216.011, or any county, city, or political
3 subdivision thereof, or other public authority.
4 (2) The Chief Financial Officer Treasurer may, in his
5 or her discretion, establish a fee for processing, servicing,
6 and safekeeping deposits and other documents or articles of
7 value held in the Chief Financial Officer's Treasurer's vaults
8 as requested by the various entities or as provided for by
9 law. Such fee shall be equivalent to the fee charged by
10 financial institutions for processing, servicing, and
11 safekeeping the same types of deposits and other documents or
12 articles of value.
13 (3) The Chief Financial Officer Treasurer shall
14 collect in advance, and persons so served shall pay to the
15 Chief Financial Officer Treasurer in advance, the
16 miscellaneous charges as follows:
17 (a) For copies of documents or records on file with
18 the Chief Financial Officer Treasurer, per page..........$.50.
19 (b) For each certificate of the Chief Financial
20 Officer Treasurer, certified or under the Chief Financial
21 Officer's Treasurer's seal, authenticating any document or
22 other instrument........................................$5.00.
23 (4) All fees collected for the services described in
24 this section shall be deposited in the Treasury Treasurer's
25 Administrative and Investment Trust Fund.
26 Section 59. Section 18.104, Florida Statutes, is
27 transferred, renumbered as section 17.60, Florida Statutes,
28 and amended to read:
29 17.60 18.104 Treasury Cash Deposit Trust Fund.--
30
31
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1 (1) There is hereby created in the State Treasury the
2 Treasury Cash Deposit Trust Fund. Cash deposits made pursuant
3 to s. 17.59 s. 18.103 shall be deposited into this fund.
4 (2) Interest earned on cash deposited into this fund
5 shall be prorated and paid to the depositing entities.
6 Section 60. Section 18.125, Florida Statutes, is
7 transferred, renumbered as section 17.61, Florida Statutes,
8 and amended to read:
9 17.61 18.125 Chief Financial Officer Treasurer; powers
10 and duties in the investment of certain funds.--
11 (1) The Chief Financial Officer Treasurer, acting with
12 the approval of a majority of the State Board of
13 Administration, shall invest all general revenue funds and all
14 the trust funds and all agency funds of each state agency, and
15 of the judicial branch, as defined in s. 216.011, and may,
16 upon request, invest funds of any statutorily created board,
17 association, or entity, except for the funds required to be
18 invested pursuant to ss. 215.44-215.53, by the procedure and
19 in the authorized securities prescribed in s. 17.57 s. 18.10;
20 for this purpose, the Chief Financial Officer may Treasurer
21 shall be authorized to open and maintain one or more demand
22 and safekeeping accounts in any bank or savings association
23 for the investment and reinvestment and the purchase, sale,
24 and exchange of funds and securities in the accounts. Funds
25 in such accounts used solely for investments and reinvestments
26 shall be considered investment funds and not funds on deposit,
27 and such funds shall be exempt from the provisions of chapter
28 280. In addition, the securities or investments purchased or
29 held under the provisions of this section and s. 17.57 s.
30 18.10 may be loaned to securities dealers and banks and may be
31 registered by the Chief Financial Officer Treasurer in the
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1 name of a third-party nominee in order to facilitate such
2 loans, provided the loan is collateralized by cash or United
3 States government securities having a market value of at least
4 100 percent of the market value of the securities loaned. The
5 Chief Financial Officer Treasurer shall keep a separate
6 account, designated by name and number, of each fund.
7 Individual transactions and totals of all investments, or the
8 share belonging to each fund, shall be recorded in the
9 accounts.
10 (2) By and with the consent and approval of any
11 constitutional board, the judicial branch, or agency now
12 having the constitutional power to make investments and in
13 accordance with this section, the Chief Financial Officer may
14 Treasurer shall have the power to make purchases, sales,
15 exchanges, investments, and reinvestments for and on behalf of
16 any such board.
17 (3)(a) Except as otherwise provided in this
18 subsection, it is the duty of each state agency, and of the
19 judicial branch, now or hereafter charged with the
20 administration of the funds referred to in subsection (1) to
21 make such moneys available for investment as fully as is
22 consistent with the cash requirements of the particular fund
23 and to authorize investment of such moneys by the Chief
24 Financial Officer Treasurer.
25 (b) Monthly, and more often as circumstances require,
26 such agency or judicial branch shall notify the Chief
27 Financial Officer Treasurer of the amount available for
28 investment; and the moneys shall be invested by the Chief
29 Financial Officer Treasurer. Such notification shall include
30 the name and number of the fund for which the investments are
31 to be made and the life of the investment if the principal sum
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1 is to be required for meeting obligations. This subsection,
2 however, shall not be construed to make available for
3 investment any funds other than those referred to in
4 subsection (1).
5 (c) Except as provided in this paragraph and except
6 for moneys described in paragraph (d), the following agencies
7 shall not invest trust fund moneys as provided in this
8 section, but shall retain such moneys in their respective
9 trust funds for investment, with interest appropriated to the
10 General Revenue Fund, pursuant to s. 17.57 s. 18.10:
11 1. The Agency for Health Care Administration, except
12 for the Tobacco Settlement Trust Fund.
13 2. The Department of Children and Family Services,
14 except for:
15 a. The Alcohol, Drug Abuse, and Mental Health Trust
16 Fund.
17 b. The Community Resources Development Trust Fund.
18 c. The Refugee Assistance Trust Fund.
19 d. The Social Services Block Grant Trust Fund.
20 e. The Tobacco Settlement Trust Fund.
21 f. The Working Capital Trust Fund.
22 3. The Department of Community Affairs, only for the
23 Operating Trust Fund.
24 4. The Department of Corrections.
25 5. The Department of Elderly Affairs, except for:
26 a. The Federal Grants Trust Fund.
27 b. The Tobacco Settlement Trust Fund.
28 6. The Department of Health, except for:
29 a. The Federal Grants Trust Fund.
30 b. The Grants and Donations Trust Fund.
31
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1 c. The Maternal and Child Health Block Grant Trust
2 Fund.
3 d. The Tobacco Settlement Trust Fund.
4 7. The Department of Highway Safety and Motor
5 Vehicles, only for:
6 a. The DUI Programs Coordination Trust Fund.
7 b. The Security Deposits Trust Fund.
8 8. The Department of Juvenile Justice.
9 9. The Department of Labor and Employment Security,
10 only for the Administrative Trust Fund.
11 10. The Department of Law Enforcement.
12 11. The Department of Legal Affairs.
13 12. The Department of State, only for:
14 a. The Grants and Donations Trust Fund.
15 b. The Records Management Trust Fund.
16 13. The Executive Office of the Governor, only for:
17 a. The Economic Development Transportation Trust Fund.
18 b. The Economic Development Trust Fund.
19 14. The Florida Public Service Commission, only for
20 the Florida Public Service Regulatory Trust Fund.
21 15. The Justice Administrative Commission.
22 16. The state courts system.
23 (d) Moneys in any trust funds of the agencies in
24 paragraph (c) may be invested pursuant to the provisions of
25 this section if:
26 1. Investment of such moneys and the retention of
27 interest is required by federal programs or mandates;
28 2. Investment of such moneys and the retention of
29 interest is required by bond covenants, indentures, or
30 resolutions;
31
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1 3. Such moneys are held by the state in a trustee
2 capacity as an agent or fiduciary for individuals, private
3 organizations, or other governmental units; or
4 4. The Executive Office of the Governor determines,
5 after consultation with the Legislature pursuant to the
6 procedures of s. 216.177, that federal matching funds or
7 contributions or private grants to any trust fund would be
8 lost to the state.
9 (4)(a) There is hereby created in the State Treasury
10 the Treasury Treasurer's Administrative and Investment Trust
11 Fund.
12 (b) The Chief Financial Officer Treasurer shall make
13 an annual assessment of 0.12 percent against the average daily
14 balance of those moneys made available pursuant to this
15 section and 0.2 percent against the average daily balance of
16 those funds requiring investment in a separate account. The
17 proceeds of this assessment shall be deposited in the Treasury
18 Treasurer's Administrative and Investment Trust Fund.
19 (c) The moneys so received and deposited in the fund
20 shall be used by the Chief Financial Officer Treasurer to
21 defray the expense of his or her office in the discharge of
22 the administrative and investment powers and duties prescribed
23 by this section and this chapter, including the maintaining of
24 an office and necessary supplies therefor, essential equipment
25 and other materials, salaries and expenses of required
26 personnel, and all other legitimate expenses relating to the
27 administrative and investment powers and duties imposed upon
28 and charged to the Chief Financial Officer Treasurer under
29 this section and this chapter. The unencumbered balance in the
30 trust fund at the close of each quarter shall not exceed
31 $750,000. Any funds in excess of this amount shall be
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1 transferred unallocated to the General Revenue Fund. However,
2 fees received from deferred compensation participants pursuant
3 to s. 112.215 shall not be transferred to the General Revenue
4 Fund and shall be used to operate the deferred compensation
5 program.
6 (5) The transfer of the powers, duties, and
7 responsibilities of existing state agencies and of the
8 judicial branch made by this section to the Chief Financial
9 Officer Treasurer shall include only the particular powers,
10 duties, and responsibilities hereby transferred, and all other
11 existing powers shall in no way be affected by this section.
12 Section 61. Effective July 1, 2003, subsection (3) of
13 section 17.61, Florida Statutes, as amended by this act, is
14 amended to read:
15 17.61 Chief Financial Officer; powers and duties in
16 the investment of certain funds.--
17 (3)(a) It is the duty of each state agency, and of the
18 judicial branch, now or hereafter charged with the
19 administration of the funds referred to in subsection (1) to
20 make such moneys available for investment as fully as is
21 consistent with the cash requirements of the particular fund
22 and to authorize investment of such moneys by the Chief
23 Financial Officer Treasurer.
24 (b) Monthly, and more often as circumstances require,
25 such agency or judicial branch shall notify the Chief
26 Financial Officer Treasurer of the amount available for
27 investment; and the moneys shall be invested by the Chief
28 Financial Officer Treasurer. Such notification shall include
29 the name and number of the fund for which the investments are
30 to be made and the life of the investment if the principal sum
31 is to be required for meeting obligations. This subsection,
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1 however, shall not be construed to make available for
2 investment any funds other than those referred to in
3 subsection (1).
4 Section 62. Section 18.15, Florida Statutes, is
5 transferred, renumbered as section 17.62, Florida Statutes,
6 and amended to read:
7 17.62 18.15 Interest on state moneys deposited; when
8 paid.--Interest on state moneys deposited in qualified public
9 depositories under s. 17.57 s. 18.10 shall be payable to the
10 Chief Financial Officer Treasurer quarterly or semiannually.
11 Section 63. Section 18.17, Florida Statutes, is
12 transferred, renumbered as section 17.63, Florida Statutes,
13 and amended to read:
14 17.63 18.17 Chief Financial Officer Treasurer not to
15 issue evidences of indebtedness.--It is not lawful for the
16 Chief Financial Officer Treasurer of this state to issue any
17 treasury certificates, or any other evidences of indebtedness,
18 for any purpose whatever, and the Chief Financial Officer
19 Treasurer is prohibited from issuing the same.
20 Section 64. Section 18.20, Florida Statutes, is
21 transferred, renumbered as section 17.64, Florida Statutes,
22 and amended to read:
23 17.64 18.20 Division of Treasury Treasurer to make
24 reproductions of certain warrants, records, and documents.--
25 (1) All vouchers or checks heretofore or hereafter
26 drawn by appropriate court officials of the several counties
27 of the state against money deposited with the Treasurer under
28 the provisions of s. 43.17, and paid by the Treasurer, may be
29 photographed, microphotographed, or reproduced on film by the
30 Treasurer. Such photographic film shall be durable material
31 and the device used to so reproduce such warrants, vouchers,
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1 or checks shall be one which accurately reproduces the
2 originals thereof in all detail; and such photographs,
3 microphotographs, or reproductions on film shall be placed in
4 conveniently accessible and identified files and shall be
5 preserved by the Treasurer as a part of the permanent records
6 of office. When any such warrants, vouchers, or checks have
7 been so photographed, microphotographed, or reproduced on
8 film, and the photographs, microphotographs, or reproductions
9 on film thereof have been placed in files as a part of the
10 permanent records of the office of the Treasurer as aforesaid,
11 the Treasurer is authorized to return such warrants, vouchers,
12 or checks to the offices of the respective county officials
13 who drew the same and such warrants, vouchers, or checks shall
14 be retained and preserved in such offices to which returned as
15 a part of the permanent records of such offices.
16 (1)(2) Such Photographs, microphotographs, or
17 reproductions on film of said warrants, vouchers, or checks
18 shall be deemed to be original records for all purposes; and
19 any copy or reproduction thereof made from such original film,
20 duly certified by the Division of Treasury Treasurer as a true
21 and correct copy or reproduction made from such film, shall be
22 deemed to be a transcript, exemplification or certified copy
23 of the original warrant, voucher, or check such copy
24 represents, and shall in all cases and in all courts and
25 places be admitted and received in evidence with the like
26 force and effect as the original thereof might be.
27 (2)(3) The Division of Treasury may Treasurer is also
28 hereby authorized to photograph, microphotograph, or reproduce
29 on film, all records and documents of the division said
30 office, as the Chief Financial Officer Treasurer may, in his
31 or her discretion, selects select; and the division may said
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1 Treasurer is hereby authorized to destroy any such of the said
2 documents or records after they have been photographed and
3 filed and after audit of the division Treasurer's office has
4 been completed for the period embracing the dates of such said
5 documents and records.
6 (3)(4) Photographs or microphotographs in the form of
7 film or prints of any records made in compliance with the
8 provisions of this section shall have the same force and
9 effect as the originals thereof would have, and shall be
10 treated as originals for the purpose of their admissibility in
11 evidence. Duly certified or authenticated reproductions of
12 such photographs or microphotographs shall be admitted in
13 evidence equally with the original photographs or
14 microphotographs.
15 Section 65. Section 18.23, Florida Statutes, is
16 transferred, renumbered as section 17.65, Florida Statutes,
17 and amended to read:
18 17.65 18.23 Chief Financial Officer Treasurer to
19 prescribe forms.--The Chief Financial Officer Treasurer may
20 prescribe the forms, and the manner of keeping the same, for
21 all receipts, credit advices, abstracts, reports, and other
22 papers furnished the Chief Financial Officer Treasurer by the
23 officers of this state or other persons or entities as a
24 result of their having, or depositing, state moneys.
25 Section 66. Section 18.24, Florida Statutes, is
26 transferred, renumbered as section 17.66, Florida Statutes,
27 and amended to read:
28 17.66 18.24 Securities in book-entry form.--Any
29 security that which:
30 (1)(a) Is eligible to be held in book-entry form on
31 the books of the Federal Reserve Book-Entry System; or
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1 (b) Is eligible for deposit in a depository trust
2 clearing system established to hold and transfer securities by
3 computerized book-entry systems; and which
4 (2)(a) Is held in the name of the Chief Financial
5 Officer, in the name of the State Treasurer, or in the name of
6 the State Insurance Commissioner; or
7 (b) Is pledged to the Chief Financial Officer, to the
8 State Treasurer, or to the State Insurance Commissioner;
9
10 under any state law for any purpose whatsoever, may be held in
11 book-entry form on the books of the Federal Reserve Book-Entry
12 System or on deposit in a depository trust clearing system.
13 Section 67. Subsection (3) of section 20.04, Florida
14 Statutes, is amended to read:
15 20.04 Structure of executive branch.--The executive
16 branch of state government is structured as follows:
17 (3) For their internal structure, all departments,
18 except for the Department of Financial Services Banking and
19 Finance, the Department of Children and Family Services, the
20 Department of Corrections, the Department of Management
21 Services, the Department of Revenue, and the Department of
22 Transportation, must adhere to the following standard terms:
23 (a) The principal unit of the department is the
24 "division." Each division is headed by a "director."
25 (b) The principal unit of the division is the
26 "bureau." Each bureau is headed by a "chief."
27 (c) The principal unit of the bureau is the "section."
28 Each section is headed by an "administrator."
29 (d) If further subdivision is necessary, sections may
30 be divided into "subsections," which are headed by
31 "supervisors."
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1 Section 68. Subsection (1) and paragraph (h) of
2 subsection (5) of section 20.055, Florida Statutes, are
3 amended to read:
4 20.055 Agency inspectors general.--
5 (1) For the purposes of this section:
6 (a) "State agency" means each department created
7 pursuant to this chapter, and also includes the Executive
8 Office of the Governor, the Department of Military Affairs,
9 the Board of Regents, the Fish and Wildlife Conservation
10 Commission, the Office of Insurance Regulation of the
11 Financial Services Commission, the Office of Financial
12 Regulation of the Financial Services Commission, the Public
13 Service Commission, and the state courts system.
14 (b) "Agency head" means the Governor, a Cabinet
15 officer, a secretary as defined in s. 20.03(5), or an
16 executive director as defined in s. 20.03(6). It also includes
17 the chair of the Public Service Commission, the Director of
18 the Office of Insurance Regulation of the Financial Services
19 Commission, the Director of the Office of Financial Regulation
20 of the Financial Services Commission, and the Chief Justice of
21 the State Supreme Court.
22 (5) In carrying out the auditing duties and
23 responsibilities of this act, each inspector general shall
24 review and evaluate internal controls necessary to ensure the
25 fiscal accountability of the state agency. The inspector
26 general shall conduct financial, compliance, electronic data
27 processing, and performance audits of the agency and prepare
28 audit reports of his or her findings. The scope and assignment
29 of the audits shall be determined by the inspector general;
30 however, the agency head may at any time direct the inspector
31 general to perform an audit of a special program, function, or
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1 organizational unit. The performance of the audit shall be
2 under the direction of the inspector general, except that if
3 the inspector general does not possess the qualifications
4 specified in subsection (4), the director of auditing shall
5 perform the functions listed in this subsection.
6 (h) The inspector general shall develop long-term and
7 annual audit plans based on the findings of periodic risk
8 assessments. The plan, where appropriate, should include
9 postaudit samplings of payments and accounts. The plan shall
10 show the individual audits to be conducted during each year
11 and related resources to be devoted to the respective audits.
12 The Chief Financial Officer Comptroller, to assist in
13 fulfilling the responsibilities for examining, auditing, and
14 settling accounts, claims, and demands pursuant to s.
15 17.03(1), and examining, auditing, adjusting, and settling
16 accounts pursuant to s. 17.04, may utilize audits performed by
17 the inspectors general and internal auditors. For state
18 agencies under the Governor, the audit plans shall be
19 submitted to the Governor's Chief Inspector General. The plan
20 shall be submitted to the agency head for approval. A copy of
21 the approved plan shall be submitted to the Auditor General.
22 Section 69. Section 20.121, Florida Statutes, is
23 amended to read:
24 20.121 Department of Financial Services.--There is
25 created a Department of Financial Services.
26 (1) DEPARTMENT HEAD.--The head of the Department of
27 Financial Services is the Chief Financial Officer.
28 (2) DIVISIONS.--The Department of Financial Services
29 shall consist of the following divisions:
30 (a) The Division of Accounting and Auditing, which
31 shall include the following bureau and office:
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1 1. The Bureau of Unclaimed Property.
2 2. The Office of Fiscal Integrity which shall function
3 as a criminal justice agency for purposes of ss.
4 943.045-943.08 and shall have a separate budget. The office
5 may conduct investigations within or outside this state as the
6 bureau deems necessary to aid in the enforcement of this
7 section. If during an investigation the office has reason to
8 believe that any criminal law of this state has or may have
9 been violated, the office shall refer any records tending to
10 show such violation to state or federal law enforcement or
11 prosecutorial agencies and shall provide investigative
12 assistance to those agencies as required.
13 (b) The Division of State Fire Marshal.
14 (c) The Division of Risk Management.
15 (d) The Division of Treasury, which shall include a
16 Bureau of Deferred Compensation responsible for administering
17 the Government Employees Deferred Compensation Plan
18 established under s. 112.215 for state employees.
19 (e) The Division of Insurance Fraud.
20 (f) The Division of Rehabilitation and Liquidation.
21 (g) The Division of Insurance Agents and Agency
22 Services.
23 (h) The Division of Consumer Services, which shall
24 include a Bureau of Funeral and Cemetery Services.
25 1. The Division of Consumer Services shall perform the
26 following functions concerning products or services regulated
27 by the Department of Financial Services or by either office of
28 the Financial Services Commission:
29 a. Receive inquiries and complaints from consumers;
30 b. Prepare and disseminate such information as the
31 department deems appropriate to inform or assist consumers;
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1 c. Provide direct assistance and advocacy for
2 consumers who request such assistance or advocacy;
3 d. With respect to apparent or potential violations of
4 law or applicable rules by a person or entity licensed by the
5 department or by either office of the commission, report such
6 apparent or potential violation to the appropriate division of
7 the department or office of the commission, which may take
8 such further action as it deems appropriate.
9 2. Any person licensed or issued a certificate of
10 authority by the department or by the Office of Insurance
11 Regulation shall respond, in writing, to the Division of
12 Consumer Services within 20 days after receipt of a written
13 request for information from the division concerning a
14 consumer complaint. The response must address the issues and
15 allegations raised in this complaint. The division may, in its
16 discretion, impose an administrative penalty for failure to
17 comply with this sub-paragraph in an amount up to $2,500 per
18 violation upon any entity licensed by the department or the
19 Office of Insurance Regulation and $250 for the first
20 violation, $500 for the second violation and up to $1,000 per
21 violation thereafter upon any individual licensed by the
22 department or the Office of Insurance Regulation.
23 3. The department may adopt rules to implement the
24 provisions of this paragraph.
25 4. The powers, duties, and responsibilities expressed
26 or granted in this paragraph shall not limit the powers,
27 duties, and responsibilities of the Department of Financial
28 Services, the Financial Services Commission, the Office of
29 Insurance Regulation, or the Office of Financial Regulation
30 set forth elsewhere in the Florida Statutes.
31 (i) The Division of Workers' Compensation.
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1 (j) The Division of Administration.
2 (k) The Division of Legal Services.
3 (l) The Division of Information Systems.
4 (m) The Office of Insurance Consumer Advocate.
5 (3) FINANCIAL SERVICES COMMISSION.--Effective January
6 7, 2003, there is created within the Department of Financial
7 Services the Financial Services Commission, composed of the
8 Governor, the Attorney General, the Chief Financial Officer,
9 and the Commissioner of Agriculture, which shall for purposes
10 of this section be referred to as the commission. Commission
11 members shall serve as agency head of the Financial Services
12 Commission. The commission shall be a separate budget entity
13 and shall be exempt from the provisions of s. 20.052.
14 Commission action shall be by majority vote consisting of at
15 least three affirmative votes. The commission shall not be
16 subject to control, supervision, or direction by the
17 Department of Financial Services in any manner, including
18 purchasing, transactions involving real or personal property,
19 personnel, or budgetary matters.
20 (a) Structure.--The major structural unit of the
21 commission is the office. Each office shall be headed by a
22 director. The following offices are established:
23 1. The Office of Insurance Regulation, which shall be
24 responsible for all activities concerning insurers and other
25 risk bearing entities, including licensing, rates, policy
26 forms, market conduct, claims, adjusters, issuance of
27 certificates of authority, solvency, viatical settlements,
28 premium financing, and administrative supervision, as provided
29 under the insurance code or chapter 636. The head of the
30 Office of Insurance Regulation is the Director of the Office
31 of Insurance Regulation.
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1 2. The Office of Financial Institutions and Securities
2 Regulation, which shall be responsible for all activities of
3 the Financial Services Commission relating to the regulation
4 of banks, credit unions, other financial institutions, finance
5 companies, and the securities industry. The head of the
6 office is the Director of the Office of Financial Institutions
7 and Securities Regulation. The Office of Financial
8 Institutions and Securities Regulation shall include a Bureau
9 of Financial Investigations, which shall function as a
10 criminal justice agency for purposes of ss. 943.045-943.08 and
11 shall have a separate budget. The bureau may conduct
12 investigations within or outside this state as the bureau
13 deems necessary to aid in the enforcement of this section. If,
14 during an investigation, the office has reason to believe that
15 any criminal law of this state has or may have been violated,
16 the office shall refer any records tending to show such
17 violation to state or federal law enforcement or prosecutorial
18 agencies and shall provide investigative assistance to those
19 agencies as required.
20 (b) Organization.--The commission shall establish by
21 rule any additional organizational structure of the offices.
22 It is the intent of the Legislature to provide the commission
23 with the flexibility to organize the offices in any manner
24 they determine appropriate to promote both efficiency and
25 accountability.
26 (c) Powers.--Commission members shall serve as the
27 agency head for purposes of rulemaking under ss.
28 120.536-120.565 by the commission and all subunits of the
29 commission. Each director is agency head for purposes of
30 final agency action under chapter 120 for all areas within the
31 regulatory authority delegated to the director's office.
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1 (d) Appointment and qualifications of directors.--The
2 commission shall appoint or remove each director by a majority
3 vote consisting of at least three affirmative votes, with both
4 the Governor and the Chief Financial Officer on the prevailing
5 side. The minimum qualifications of the directors are as
6 follows:
7 1. Prior to appointment as director, the Director of
8 the Office of Insurance Regulation must have had, within the
9 previous 10 years, at least 5 years of responsible private
10 sector experience working full time in areas within the scope
11 of the subject matter jurisdiction of the Office of Insurance
12 Regulation or at least 5 years of experience as a senior
13 examiner or other senior employee of a state or federal agency
14 having regulatory responsibility over insurers or insurance
15 agencies.
16 2. Prior to appointment as director, the Director of
17 the Office of Financial Institutions and Securities Regulation
18 must have had, within the previous 10 years, at least 5 years
19 of responsible private sector experience working full time in
20 areas within the subject matter jurisdiction of the Office of
21 Financial Institutions and Securities Regulation or at least 5
22 years of experience as a senior examiner or other senior
23 employee of a state or federal agency having regulatory
24 responsibility over financial institutions, finance companies,
25 or securities companies.
26 (e) Administrative support.--The offices shall have a
27 sufficient number of attorneys, examiners, investigators,
28 other professional personnel to carry out their
29 responsibilities and administrative personnel as determined
30 annually in the appropriations process. The Department of
31
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1 Financial Services shall provide administrative and
2 information systems support to the offices.
3 (f) The commission and the offices may destroy general
4 correspondence files and also any other records that they deem
5 no longer necessary to preserve in accordance with retention
6 schedules and destruction notices established under rules of
7 the Division of Library and Information Services, records and
8 information management program, of the Department of State.
9 Such schedules and notices relating to financial records of
10 the commission and offices shall be subject to the approval of
11 the Auditor General.
12 (g) The commission and offices may photograph,
13 microphotograph, or reproduce on film such documents and
14 records as they may select, in such manner that each page will
15 be exposed in exact conformity with the original. After
16 reproduction and filing, original documents and records may be
17 destroyed in accordance with the provisions of paragraph (f).
18 Section 70. Section 20.195, Florida Statutes, is
19 amended to read:
20 20.195 Department of Children and Family Services
21 Tobacco Settlement Trust Fund.--
22 (1) The Department of Children and Family Services
23 Tobacco Settlement Trust Fund is created within that
24 department. Funds to be credited to the trust fund shall
25 consist of funds disbursed, by nonoperating transfer, from the
26 Department of Financial Services Banking and Finance Tobacco
27 Settlement Clearing Trust Fund in amounts equal to the annual
28 appropriations made from this trust fund.
29 (2) Notwithstanding the provisions of s. 216.301 and
30 pursuant to s. 216.351, any unencumbered balance in the trust
31 fund at the end of any fiscal year and any encumbered balance
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1 remaining undisbursed on December 31 of the same calendar year
2 shall revert to the Department of Financial Services Banking
3 and Finance Tobacco Settlement Clearing Trust Fund.
4 Section 71. Section 20.425, Florida Statutes, is
5 amended to read:
6 20.425 Agency for Health Care Administration Tobacco
7 Settlement Trust Fund.--
8 (1) The Agency for Health Care Administration Tobacco
9 Settlement Trust Fund is created within the agency. Funds to
10 be credited to the trust fund shall consist of funds
11 disbursed, by nonoperating transfer, from the Department of
12 Financial Services Banking and Finance Tobacco Settlement
13 Clearing Trust Fund in amounts equal to the annual
14 appropriations made from this trust fund.
15 (2) Notwithstanding the provisions of s. 216.301 and
16 pursuant to s. 216.351, any unencumbered balance in the trust
17 fund at the end of any fiscal year and any encumbered balance
18 remaining undisbursed on December 31 of the same calendar year
19 shall revert to the Department of Financial Services Banking
20 and Finance Tobacco Settlement Clearing Trust Fund.
21 Section 72. Paragraph (g) of subsection (1) of section
22 20.435, Florida Statutes, is amended to read:
23 20.435 Department of Health; trust funds.--
24 (1) The following trust funds are hereby created, to
25 be administered by the Department of Health:
26 (g) Department of Health Tobacco Settlement Trust
27 Fund.
28 1. Funds to be credited to the trust fund shall
29 consist of funds disbursed, by nonoperating transfer, from the
30 Department of Financial Services Banking and Finance Tobacco
31
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1 Settlement Clearing Trust Fund in amounts equal to the annual
2 appropriations made from this trust fund.
3 2. Notwithstanding the provisions of s. 216.301 and
4 pursuant to s. 216.351, any unencumbered balance in the trust
5 fund at the end of any fiscal year and any encumbered balance
6 remaining undisbursed on December 31 of the same calendar year
7 shall revert to the Department of Financial Services Banking
8 and Finance Tobacco Settlement Clearing Trust Fund.
9 Section 73. Subsection (4) of section 24.105, Florida
10 Statutes, is amended to read:
11 24.105 Powers and duties of department.--The
12 department shall:
13 (4) Submit monthly and annual reports to the Governor,
14 the Chief Financial Officer Treasurer, the President of the
15 Senate, and the Speaker of the House of Representatives
16 disclosing the total lottery revenues, prize disbursements,
17 and other expenses of the department during the preceding
18 month. The annual report shall additionally describe the
19 organizational structure of the department, including its
20 hierarchical structure, and shall identify the divisions and
21 bureaus created by the secretary and summarize the
22 departmental functions performed by each.
23 Section 74. Subsection (5) of section 24.111, Florida
24 Statutes, is amended to read:
25 24.111 Vendors; disclosure and contract
26 requirements.--
27 (5) Each vendor in a major procurement in excess of
28 $25,000, and any other vendor if the department deems it
29 necessary to protect the state's financial interest, shall, at
30 the time of executing the contract with the department, post
31 an appropriate bond with the department in an amount
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1 determined by the department to be adequate to protect the
2 state's interests, but not higher than the full amount
3 estimated to be paid annually to the vendor under the
4 contract. In lieu of the bond, a vendor may, to assure the
5 faithful performance of its obligations, file with the
6 department an irrevocable letter of credit acceptable to the
7 department in an amount determined by the department to be
8 adequate to protect the state's interests or deposit and
9 maintain with the Chief Financial Officer Treasurer securities
10 that are interest bearing or accruing and that, with the
11 exception of those specified in paragraphs (a) and (b), are
12 rated in one of the four highest classifications by an
13 established nationally recognized investment rating service.
14 Securities eligible under this subsection shall be limited to:
15 (a) Certificates of deposit issued by solvent banks or
16 savings associations organized and existing under the laws of
17 this state or under the laws of the United States and having
18 their principal place of business in this state.
19 (b) United States bonds, notes, and bills for which
20 the full faith and credit of the government of the United
21 States is pledged for the payment of principal and interest.
22 (c) General obligation bonds and notes of any
23 political subdivision of the state.
24 (d) Corporate bonds of any corporation that is not an
25 affiliate or subsidiary of the depositor.
26
27 Such securities shall be held in trust and shall have at all
28 times a market value at least equal to an amount determined by
29 the department to be adequate to protect the state's
30 interests, which amount shall not be set higher than the full
31
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1 amount estimated to be paid annually to the vendor under
2 contract.
3 Section 75. Paragraph (b) of subsection (9) of section
4 24.112, Florida Statutes, is amended to read:
5 24.112 Retailers of lottery tickets.--
6 (9)
7 (b) In lieu of such bond, the department may purchase
8 blanket bonds covering all or selected retailers or may allow
9 a retailer to deposit and maintain with the Chief Financial
10 Officer Treasurer securities that are interest bearing or
11 accruing and that, with the exception of those specified in
12 subparagraphs 1. and 2., are rated in one of the four highest
13 classifications by an established nationally recognized
14 investment rating service. Securities eligible under this
15 paragraph shall be limited to:
16 1. Certificates of deposit issued by solvent banks or
17 savings associations organized and existing under the laws of
18 this state or under the laws of the United States and having
19 their principal place of business in this state.
20 2. United States bonds, notes, and bills for which the
21 full faith and credit of the government of the United States
22 is pledged for the payment of principal and interest.
23 3. General obligation bonds and notes of any political
24 subdivision of the state.
25 4. Corporate bonds of any corporation that is not an
26 affiliate or subsidiary of the depositor.
27
28 Such securities shall be held in trust and shall have at all
29 times a market value at least equal to an amount required by
30 the department.
31
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1 Section 76. Subsections (3) and (4) of section 24.120,
2 Florida Statutes, are amended to read:
3 24.120 Financial matters; Administrative Trust Fund;
4 interagency cooperation.--
5 (3) Any action required by law to be taken by the
6 Chief Financial Officer State Treasurer or the Comptroller
7 shall be taken within 2 business days after the department's
8 request therefor. If the request for such action is not
9 approved or rejected within such period, the request shall be
10 deemed to be approved. The department shall reimburse the
11 Chief Financial Officer State Treasurer or the Comptroller for
12 any additional costs involved in providing the level of
13 service required by this subsection.
14 (4) The department shall cooperate with the Chief
15 Financial Officer State Treasurer, the Comptroller, the
16 Auditor General, and the Office of Program Policy Analysis and
17 Government Accountability by giving employees designated by
18 any of them access to facilities of the department for the
19 purpose of efficient compliance with their respective
20 responsibilities.
21 Section 77. Subsection (5) of section 25.241, Florida
22 Statutes, is amended to read:
23 25.241 Clerk of Supreme Court; compensation;
24 assistants; filing fees, etc.--
25 (5) The Clerk of the Supreme Court is hereby required
26 to prepare a statement of all fees collected in duplicate each
27 month and remit one copy of such said statement, together with
28 all fees collected by him or her, to the Chief Financial
29 Officer State Treasurer, who shall place the same to the
30 credit of the General Revenue Fund.
31
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1 Section 78. Section 26.39, Florida Statutes, is
2 amended to read:
3 26.39 Penalty for nonattendance of judge.--Whenever
4 such default shall occur, the clerk of the court (unless such
5 judge shall file his or her reasons for such default as
6 hereinbefore provided) shall certify the fact, under his or
7 her official signature and seal, to the Chief Financial
8 Officer Comptroller of the state, who shall deduct from the
9 warrants on the Treasurer, thereafter to be issued in favor of
10 the judge making such default, the sum of $100 as aforesaid
11 for every such default.
12 Section 79. Section 27.08, Florida Statutes, is
13 amended to read:
14 27.08 State claims; surrender of papers to
15 successor.--Upon the qualification of the successor of any
16 state attorney, the state attorney going out of office shall
17 deliver to his or her successor a statement of all cases for
18 the collection of money in favor of the state under his or her
19 control and the papers connected with the same, and take his
20 or her receipt for the same, which receipt, when filed with
21 the Department of Financial Services Banking and Finance,
22 shall release such state attorney from any further liability
23 to the state upon the claims receipted for; and the state
24 attorney receiving the claims shall be liable in all respects
25 for the same, as provided against state attorneys in s. 17.20.
26 Section 80. Section 27.10, Florida Statutes, is
27 amended to read:
28 27.10 Obligation as to claims; how discharged.--The
29 charges mentioned in s. 17.20 shall be evidence of
30 indebtedness on the part of any state attorney against whom
31 any charge is made for the full amount of such claim to the
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1 state until the same shall be collected and paid into the
2 treasury or sued to insolvency, which fact of insolvency shall
3 be certified by the circuit judge of his or her circuit,
4 unless the said state attorney makes shall make it fully
5 appear to the Department of Financial Services Banking and
6 Finance that the failure to collect the same did not result
7 from his or her neglect.
8 Section 81. Section 27.11, Florida Statutes, is
9 amended to read:
10 27.11 Report upon claims committed to state
11 attorney.--The state attorney shall make a report to the Chief
12 Financial Officer Comptroller on the first Monday in January
13 and July in each and every year of the condition of all claims
14 placed in his or her hands or which the state attorney may
15 have been required to prosecute and collect, whether the same
16 is in suit or in judgment, or collected, and the probable
17 solvency or insolvency of claims not collected, and shall at
18 the same time pay over all moneys which he or she may have
19 collected belonging to the state; and the Chief Financial
20 Officer Comptroller shall not audit or allow any claim which
21 any state attorney may have against the state for services
22 until he or she makes the report herein required.
23 Section 82. Subsection (1) of section 27.12, Florida
24 Statutes, is amended to read:
25 27.12 Power to compromise.--
26 (1) The state attorney may, with the approval of the
27 Department of Financial Services Banking and Finance,
28 compromise and settle all judgments, claims, and demands in
29 favor of the state in his or her circuit against defaulting
30 collectors of revenue, sheriffs and other officers, and the
31
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1 sureties on their bonds, on such terms as the state attorney
2 may deem equitable and proper.
3 Section 83. Section 27.13, Florida Statutes, is
4 amended to read:
5 27.13 Completion of compromise.--The state attorney
6 shall, on agreeing to any compromise or settlement, report the
7 same to the Department of Financial Services Banking and
8 Finance for its approval; and, on its approving such
9 compromise or settlement, the said state attorney, on a
10 compliance with the terms of such compromise or settlement
11 shall give a receipt to the collector of revenue, sheriff or
12 other officer, or the sureties on their bonds, or to the legal
13 representatives, which receipt shall be a discharge from all
14 judgments, claims or demands of the state against such
15 collector of revenue or other officer, or the sureties on
16 their bonds.
17 Section 84. Subsection (4) of section 27.34, Florida
18 Statutes, is amended to read:
19 27.34 Salaries and other related costs of state
20 attorneys' offices; limitations.--
21 (4) Notwithstanding s. 27.25, the Chief Financial
22 Officer Insurance Commissioner may contract with the state
23 attorney of any judicial circuit of the state for the
24 prosecution of criminal violations of the Workers'
25 Compensation Law and related crimes and may contribute funds
26 for such purposes. Such contracts may provide for the
27 training, salary, and expenses of one or more assistant state
28 attorneys used in the prosecution of such crimes.
29 Section 85. Section 27.3455, Florida Statutes, is
30 amended to read:
31
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1 27.3455 Annual statement of certain revenues and
2 expenditures.--
3 (1) Each county shall submit annually to the Chief
4 Financial Officer Comptroller a statement of revenues and
5 expenditures as set forth in this section in the form and
6 manner prescribed by the Chief Financial Officer Comptroller
7 in consultation with the Legislative Committee on
8 Intergovernmental Relations, provided that such statement
9 identify total county expenditures on:
10 (a) Medical examiner services.
11 (b) County victim witness programs.
12 (c) Each of the services outlined in ss. 27.34(2) and
13 27.54(3).
14 (d) Appellate filing fees in criminal cases in which
15 an indigent defendant appeals a judgment of a county or
16 circuit court to a district court of appeal or the Florida
17 Supreme Court.
18 (e) Other court-related costs of the state attorney
19 and public defender that were paid by the county where such
20 costs were included in a judgment or order rendered by the
21 trial court against the county.
22
23 Such statement also shall identify the revenues provided by s.
24 938.05(1) that were used to meet or reimburse the county for
25 such expenditures.
26 (2)(a) Within 6 months of the close of the local
27 government fiscal year, each county shall submit to the Chief
28 Financial Officer Comptroller a statement of compliance from
29 its independent certified public accountant, engaged pursuant
30 to s. 218.39, that the certified statement of expenditures was
31 in accordance with ss. 27.34(2), 27.54(3), and this section.
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1 All discrepancies noted by the independent certified public
2 accountant shall be included in the statement furnished by the
3 county to the Chief Financial Officer Comptroller.
4 (b) If Should the Chief Financial Officer determines
5 Comptroller determine that additional auditing procedures are
6 appropriate because:
7 1. The county failed to submit timely its annual
8 statement;
9 2. Discrepancies were noted by the independent
10 certified public accountant; or
11 3. The county failed to file before March 31 of each
12 year the certified public accountant statement of compliance,
13 the Chief Financial Officer may Comptroller is hereby
14 authorized to send his or her personnel or to contract for
15 services to bring the county into compliance. The costs
16 incurred by the Chief Financial Officer Comptroller shall be
17 paid promptly by the county upon certification by the Chief
18 Financial Officer Comptroller.
19 (c) Where the Chief Financial Officer Comptroller
20 elects to utilize the services of an independent contractor,
21 such certification by the Chief Financial Officer Comptroller
22 may require the county to make direct payment to a contractor.
23 Any funds owed by a county in such matters shall be recovered
24 pursuant to s. 17.04 or s. 17.041.
25 (3) The priority for the allocation of funds collected
26 pursuant to s. 938.05(1) shall be as follows:
27 (a) Reimbursement to the county for actual county
28 expenditures incurred in providing the state attorney and
29 public defender the services outlined in ss. 27.34(2) and
30 27.54(3), with the exception of office space, utilities, and
31 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 86. 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 87. 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 88. Subsections (3), (4), (5), (6), (7), (12),
16 and (13) of section 27.711, Florida Statutes, are amended to
17 read:
18 27.711 Terms and conditions of appointment of
19 attorneys as counsel in postconviction capital collateral
20 proceedings.--
21 (3) An attorney appointed to represent a capital
22 defendant is entitled to payment of the fees set forth in this
23 section only upon full performance by the attorney of the
24 duties specified in this section and approval of payment by
25 the trial court, and the submission of a payment request by
26 the attorney, subject to the availability of sufficient
27 funding specifically appropriated for this purpose. The Chief
28 Financial Officer Comptroller shall notify the executive
29 director and the court if it appears that sufficient funding
30 has not been specifically appropriated for this purpose to pay
31 any fees which may be incurred. The attorney shall maintain
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1 appropriate documentation, including a current and detailed
2 hourly accounting of time spent representing the capital
3 defendant. The fee and payment schedule in this section is the
4 exclusive means of compensating a court-appointed attorney who
5 represents a capital defendant. When appropriate, a
6 court-appointed attorney must seek further compensation from
7 the Federal Government, as provided in 18 U.S.C. s. 3006A or
8 other federal law, in habeas corpus litigation in the federal
9 courts.
10 (4) Upon approval by the trial court, an attorney
11 appointed to represent a capital defendant under s. 27.710 is
12 entitled to payment of the following fees by the Chief
13 Financial Officer Comptroller:
14 (a) Regardless of the stage of postconviction capital
15 collateral proceedings, the attorney is entitled to $100 per
16 hour, up to a maximum of $2,500, after accepting appointment
17 and filing a notice of appearance.
18 (b) The attorney is entitled to $100 per hour, up to a
19 maximum of $20,000, after timely filing in the trial court the
20 capital defendant's complete original motion for
21 postconviction relief under the Florida Rules of Criminal
22 Procedure. The motion must raise all issues to be addressed by
23 the trial court. However, an attorney is entitled to fees
24 under this paragraph if the court schedules a hearing on a
25 matter that makes the filing of the original motion for
26 postconviction relief unnecessary or if the court otherwise
27 disposes of the case.
28 (c) The attorney is entitled to $100 per hour, up to a
29 maximum of $20,000, after the trial court issues a final order
30 granting or denying the capital defendant's motion for
31 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, a death warrant is issued, the
23 attorney is entitled to $100 per hour, up to a maximum of
24 $5,000. This payment shall be full compensation for attorney's
25 fees and costs for representing the capital defendant
26 throughout the proceedings before the state courts of Florida.
27
28 The hours billed by a contracting attorney under this
29 subsection may include time devoted to representation of the
30 defendant by another attorney who is qualified under s. 27.710
31
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1 and who has been designated by the contracting attorney to
2 assist him or her.
3 (5) An attorney who represents a capital defendant may
4 use the services of one or more investigators to assist in
5 representing a capital defendant. Upon approval by the trial
6 court, the attorney is entitled to payment from the Chief
7 Financial Officer Comptroller of $40 per hour, up to a maximum
8 of $15,000, for the purpose of paying for investigative
9 services.
10 (6) An attorney who represents a capital defendant is
11 entitled to a maximum of $15,000 for miscellaneous expenses,
12 such as the costs of preparing transcripts, compensating
13 expert witnesses, and copying documents. Upon approval by the
14 trial court, the attorney is entitled to payment by the Chief
15 Financial Officer Comptroller of up to $15,000 for
16 miscellaneous expenses, except that, if the trial court finds
17 that extraordinary circumstances exist, the attorney is
18 entitled to payment in excess of $15,000.
19 (7) An attorney who is actively representing a capital
20 defendant is entitled to a maximum of $500 per fiscal year for
21 tuition and expenses for continuing legal education that
22 pertains to the representation of capital defendants. Upon
23 approval by the trial court, the attorney is entitled to
24 payment by the Chief Financial Officer Comptroller for
25 expenses for such tuition and continuing legal education.
26 (12) The court shall monitor the performance of
27 assigned counsel to ensure that the capital defendant is
28 receiving quality representation. The court shall also receive
29 and evaluate allegations that are made regarding the
30 performance of assigned counsel. The Chief Financial Officer
31 Comptroller, the Department of Legal Affairs, the executive
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1 director, or any interested person may advise the court of any
2 circumstance that could affect the quality of representation,
3 including, but not limited to, false or fraudulent billing,
4 misconduct, failure to meet continuing legal education
5 requirements, solicitation to receive compensation from the
6 capital defendant, or failure to file appropriate motions in a
7 timely manner.
8 (13) Prior to the filing of a motion for order
9 approving payment of attorney's fees, costs, or related
10 expenses, the assigned counsel shall deliver a copy of his
11 intended billing, together with supporting affidavits and all
12 other necessary documentation, to the Chief Financial
13 Officer's Comptroller's named contract manager. The contract
14 manager shall have 10 business days from receipt to review the
15 billings, affidavit, and documentation for completeness and
16 compliance with contractual and statutory requirements. If the
17 contract manager objects to any portion of the proposed
18 billing, the objection and reasons therefor shall be
19 communicated to the assigned counsel. The assigned counsel may
20 thereafter file his or her motion for order approving payment
21 of attorney's fees, costs, or related expenses together with
22 supporting affidavits and all other necessary documentation.
23 The motion must specify whether the Chief Financial Officer's
24 Comptroller's contract manager objects to any portion of the
25 billing or the sufficiency of documentation and, if so, the
26 reason therefor. A copy of the motion and attachments shall be
27 served on the Chief Financial Officer's Comptroller's contract
28 manager, who shall have standing to file pleadings and appear
29 before the court to contest any motion for order approving
30 payment. The fact that the Chief Financial Officer's
31 Comptroller's contract manager has not objected to any portion
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1 of the billing or to the sufficiency of the documentation is
2 not binding on the court, which retains primary authority and
3 responsibility for determining the reasonableness of all
4 billings for fees, costs, and related expenses, subject to
5 statutory limitations.
6 Section 89. Section 28.235, Florida Statutes, is
7 amended to read:
8 28.235 Advance payments by clerk of circuit
9 court.--The clerk of the circuit court is authorized to make
10 advance payments on behalf of the county for goods and
11 services, including, but not limited to, maintenance
12 agreements and subscriptions, pursuant to rules or procedures
13 adopted by the Chief Financial Officer Comptroller for advance
14 payments of invoices submitted to agencies of the state.
15 Section 90. Subsections (7) and (23) of section 28.24,
16 Florida Statutes, are amended to read:
17 28.24 Service charges by clerk of the circuit
18 court.--The clerk of the circuit court shall make the
19 following charges for services rendered by the clerk's office
20 in recording documents and instruments and in performing the
21 duties enumerated. However, in those counties where the
22 clerk's office operates as a fiscal unit of the county
23 pursuant to s. 145.022(1), the clerk shall not charge the
24 county for such services.
25
26 Charges
27
28 (7) For making and reporting payrolls of jurors to
29 Chief Financial Officer State Comptroller, per page, per copy
30 ..........................................................5.00
31
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1 (23) For paying of witnesses and making and reporting
2 payroll to Chief Financial Officer State Comptroller, per
3 copy, per page............................................5.00
4 Section 91. Paragraph (b) of subsection (2) of section
5 30.49, Florida Statutes, is amended to read:
6 30.49 Budgets.--
7 (2)
8 (b) Within the appropriate fund and functional
9 category, expenditures shall be itemized in accordance with
10 the uniform chart of accounts prescribed by the Department of
11 Financial Services Banking and Finance, as follows:
12 1. Personal services.
13 2. Operating expenses.
14 3. Capital outlay.
15 4. Debt service.
16 5. Nonoperating disbursements and contingency
17 reserves.
18 Section 92. Section 30.52, Florida Statutes, is
19 amended to read:
20 30.52 Handling of public funds.--The sheriff shall
21 keep public funds in his or her custody, either in his or her
22 office in an amount not in excess of the burglary, theft, and
23 robbery insurance provided, the cost of which is hereby
24 authorized as an expense of the office, or in a depository in
25 an amount not in excess of the security provided pursuant to
26 s. 658.60 and the regulations of the Department of Financial
27 Services Banking and Finance. The title of the depository
28 accounts shall include the word "sheriff" and the name of the
29 county, and withdrawals from the accounts shall be made by
30 checks signed by the duly qualified and acting sheriff of the
31 county, or his or her designated deputy or agent.
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1 Section 93. Section 40.30, Florida Statutes, is
2 amended to read:
3 40.30 Requisition endorsed by State Courts
4 Administrator or designee.--Upon receipt of such estimate and
5 the requisition from the clerk of the court, the State Courts
6 Administrator or designee shall endorse the amount that he or
7 she may deem necessary for the pay of jurors and witnesses
8 during the quarterly fiscal period and shall submit a request
9 for payment to the Chief Financial Officer Comptroller.
10 Section 94. Section 40.31, Florida Statutes, is
11 amended to read:
12 40.31 State Courts Administrator may apportion
13 appropriation.--If the State Courts Administrator shall have
14 reason to believe that the amount appropriated by the
15 Legislature is insufficient to meet the expenses of jurors and
16 witnesses during the remaining part of the state fiscal year,
17 he or she may apportion the money in the treasury for that
18 purpose among the several counties, basing such apportionment
19 upon the amount expended for the payment of jurors and
20 witnesses in each county during the prior fiscal year. In such
21 case, each county shall be paid by warrant, issued by the
22 Chief Financial Officer Comptroller, only the amount so
23 apportioned to each county, and, when the amount so
24 apportioned is insufficient to pay in full all the jurors and
25 witnesses during a quarterly fiscal period, the clerk of the
26 court shall apportion the money received pro rata among the
27 jurors and witnesses entitled to pay and shall give to each
28 juror or witness a certificate of the amount of compensation
29 still due, which certificate shall be held by the State Courts
30 Administrator as other demands against the state.
31
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1 Section 95. Section 40.33, Florida Statutes, is
2 amended to read:
3 40.33 Deficiency.--If the compensation of jurors and
4 witnesses during a quarterly fiscal period exceeds the amount
5 estimated by the clerk of the court and therefore is
6 insufficient to pay in full the jurors and witnesses, the
7 clerk of the court shall make a further requisition upon the
8 State Courts Administrator for the amount necessary to pay
9 such default, and the amount required shall be transmitted to
10 the clerk of the court by warrant issued by the Chief
11 Financial Officer Comptroller in the same manner as the
12 original requisition or order.
13 Section 96. Subsection (2) of section 40.34, Florida
14 Statutes, is amended to read:
15 40.34 Clerks to make triplicate payroll.--
16 (2) The form of such payroll shall be prescribed by
17 the Chief Financial Officer Comptroller.
18 Section 97. Section 40.35, Florida Statutes, is
19 amended to read:
20 40.35 Accounting and payment to the State Courts
21 Administrator.--
22 (1) The clerk of the court shall, within 2 weeks after
23 the last day of the quarterly fiscal period, render to the
24 State Courts Administrator a full statement of accounts for
25 moneys received and disbursed under the provisions of this
26 chapter and refund to the State Courts Administrator any
27 balance in the clerk's hands. If upon audit the State Courts
28 Administrator shall determine a balance due the clerk of the
29 court, the State Courts Administrator shall submit a request
30 for payment to the Chief Financial Officer Comptroller.
31
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1 (2) If a clerk of the court fails to account for and
2 pay over promptly the balance of all moneys paid him or her,
3 the sureties, if any, on a clerk's official bond are liable
4 and responsible for same; and the State Courts Administrator
5 shall report to the Governor and the Chief Financial Officer
6 Comptroller any failure on the part of the clerk of the court
7 to report and faithfully account for any such moneys.
8 Section 98. Paragraph (b) of subsection (5) of section
9 43.16, Florida Statutes, is amended to read:
10 43.16 Justice Administrative Commission; membership,
11 powers and duties.--
12 (5) The duties of the commission shall include, but
13 not be limited to, the following:
14 (b) Each state attorney and public defender and the
15 Judicial Qualifications Commission shall continue to prepare
16 necessary budgets, vouchers which represent valid claims for
17 reimbursement by the state for authorized expenses, and other
18 things incidental to the proper administrative operation of
19 the office, such as revenue transmittals to the Chief
20 Financial Officer treasurer, automated systems plans, etc.,
21 but will forward same to the commission for recording and
22 submission to the proper state officer. However, when
23 requested by a state attorney or a public defender or the
24 Judicial Qualifications Commission, the commission will either
25 assist in the preparation of budget requests, voucher
26 schedules, and other forms and reports or accomplish the
27 entire project involved.
28 Section 99. Subsections (1), (3), and (4) of section
29 43.19, Florida Statutes, are amended to read:
30 43.19 Money paid into court; unclaimed funds.--
31
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1 (1) In every case in which the right to withdraw money
2 deposited as hereinbefore provided has been adjudicated or is
3 not in dispute and the money has remained so deposited for 5
4 years or more unclaimed by the person, firm, or corporation
5 entitled thereto, on or before December 1 of each year the
6 judge, or one of the judges, of the court shall direct that
7 the money be deposited with the Chief Financial Officer
8 Treasurer to the credit of the State School Fund, to become a
9 part of that fund, subject to the right of the person, firm,
10 or corporation entitled thereto to receive the money as
11 provided in subsection (3).
12 (3) Any person, firm or corporation entitled to any of
13 the money may obtain an order directing the payment of the
14 money to the claimant on written petition to the court from
15 which the money was deposited or its successor, and written
16 notice to the state attorney of the circuit wherein the court
17 is situate, whether or not the court is a circuit court, and
18 proof of right thereto, and the money deposited shall
19 constitute and be a permanent appropriation for payments by
20 the Chief Financial Officer Treasurer of the state in
21 obedience of such orders.
22 (4) All interest and income that accrue from the money
23 while on deposit with the Chief Financial Officer Treasurer to
24 the credit of the State School Fund belong to that fund.
25 Section 100. Subsections (3) and (4) of section
26 48.151, Florida Statutes, are amended to read:
27 48.151 Service on statutory agents for certain
28 persons.--
29 (3) The Chief Financial Officer Insurance Commissioner
30 and Treasurer or his or her assistant or deputy or another
31 person in charge of the office is the agent for service of
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1 process on all insurers applying for authority to transact
2 insurance in this state, all licensed nonresident insurance
3 agents, all nonresident disability insurance agents licensed
4 by the Department of Insurance pursuant to s. 626.835, any
5 unauthorized insurer under s. 626.906 or s. 626.937, domestic
6 reciprocal insurers, fraternal benefit societies under chapter
7 632, automobile inspection and warranty associations under
8 chapter 634, prepaid limited health service organizations
9 under chapter 636 ambulance service associations, and persons
10 required to file statements under s. 628.461.
11 (4) The Director of the Office of Financial Regulation
12 of the Financial Services Commission Comptroller is the agent
13 for service of process for any issuer as defined in s.
14 517.021, or any dealer, investment adviser, or associated
15 person registered with that office the Department of Banking
16 and Finance, for any violation of any provision of chapter
17 517.
18 Section 101. Subsection (1) of section 55.03, Florida
19 Statutes, is amended to read:
20 55.03 Judgments; rate of interest, generally.--
21 (1) On December 1 of each year beginning December 1,
22 1994, the Chief Financial Officer Comptroller of the State of
23 Florida shall set the rate of interest that shall be payable
24 on judgments or decrees for the year beginning January 1 by
25 averaging the discount rate of the Federal Reserve Bank of New
26 York for the preceding year, then adding 500 basis points to
27 the averaged federal discount rate. The Chief Financial
28 Officer Comptroller shall inform the clerk of the courts and
29 chief judge for each judicial circuit of the rate that has
30 been established for the upcoming year. The initial interest
31 rate established by the Comptroller shall take effect on
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1 January 1, 1995, and the interest rate established by the
2 Chief Financial Officer Comptroller in subsequent years shall
3 take effect on January 1 of each following year. Judgments
4 obtained on or after January 1, 1995, shall use the previous
5 statutory rate for time periods before January 1, 1995, for
6 which interest is due and shall apply the rate set by the
7 Chief Financial Officer Comptroller for time periods after
8 January 1, 1995, for which interest is due. Nothing contained
9 herein shall affect a rate of interest established by written
10 contract or obligation.
11 Section 102. Section 57.091, Florida Statutes, is
12 amended to read:
13 57.091 Costs; refunded to counties in certain
14 proceedings relating to state prisoners.--All lawful fees,
15 costs, and expenses hereafter adjudged against, and paid by,
16 any county in all competency proceedings and all criminal
17 prosecutions against state prisoners imprisoned in a state
18 correctional institution, and in all habeas corpus cases
19 brought to test the legality of the imprisonment of state
20 prisoners of such correctional institutions, shall be refunded
21 to the county paying the sum from the General Revenue Fund in
22 the State Treasury in the manner and to the extent herein
23 provided, to wit: between the 1st and 15th of the month next
24 succeeding the month in which the fees, costs, and expenses
25 have been allowed and paid by the county, the clerk of the
26 court shall make requisition on the Department of Corrections
27 for the fees, costs, and expenses so allowed and paid during
28 the preceding month, giving the style of the cases in which
29 fees, costs, and expenses were incurred and the amount and
30 items of cost in each case; providing a certified copy of the
31 judgment adjudging the fees, costs, and expenses against the
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1 county and showing that the amount represented thereby has
2 been approved by the presiding judge, paid by the county, and
3 verified by the clerk; and attaching a certified copy of the
4 bill as approved and allowed by the board of county
5 commissioners of the county. If the Department of Corrections
6 finds the bills legal and adjudged against and paid by the
7 county, the department shall submit a request to the Chief
8 Financial Officer Comptroller to draw a warrant in the amount
9 thereof, or in the amount the department finds legal and
10 adjudged against and paid by the county, in favor of the
11 county paying the fees, costs, and expenses, which shall be
12 paid by the Chief Financial Officer State Treasurer from the
13 general revenue funds of the state.
14 Section 103. Subsections (1), (3), and (4) of section
15 68.083, Florida Statutes, are amended to read:
16 68.083 Civil actions for false claims.--
17 (1) The department may diligently investigate a
18 violation under s. 68.082. If the department finds that a
19 person has violated or is violating s. 68.082, the department
20 may bring a civil action under the Florida False Claims Act
21 against the person. The Department of Financial Services
22 Banking and Finance may bring a civil action under this
23 section if the action arises from an investigation by that
24 department and the Department of Legal Affairs has not filed
25 an action under this act.
26 (3) The complaint shall be identified on its face as a
27 qui tam action and shall be filed in the circuit court of the
28 Second Judicial Circuit, in and for Leon County. Immediately
29 upon the filing of the complaint, a copy of the complaint and
30 written disclosure of substantially all material evidence and
31 information the person possesses shall be served on the
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1 Attorney General, as head of the department, and on the Chief
2 Financial Officer Comptroller, as head of the Department of
3 Financial Services Banking and Finance, by registered mail,
4 return receipt requested. The department, or the Department of
5 Financial Services Banking and Finance under the circumstances
6 specified in subsection (4), may elect to intervene and
7 proceed with the action, on behalf of the state, within 90
8 days after it receives both the complaint and the material
9 evidence and information.
10 (4) If a person brings an action under subsection (2)
11 and the action is based upon the facts underlying a pending
12 investigation by the Department of Financial Services Banking
13 and Finance, the Department of Financial Services Banking and
14 Finance, instead of the department, may take over the action
15 on behalf of the state. In order to take over the action, the
16 Department of Financial Services Banking and Finance must give
17 the department written notification within 20 days after the
18 action is filed that the Department of Financial Services
19 Banking and Finance is conducting an investigation of the
20 facts of the action and that the Department of Financial
21 Services Banking and Finance, instead of the department, will
22 take over the action filed under subsection (2). If the
23 Department of Financial Services Banking and Finance takes
24 over the action under this subsection, the word "department"
25 as used in this act means the Department of Financial Services
26 Banking and Finance, and that department, for purposes of that
27 action, shall have all rights and standing granted the
28 department under this act.
29 Section 104. Subsections (3) and (6) of section
30 68.084, Florida Statutes, are amended to read:
31 68.084 Rights of the parties in civil actions.--
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1 (3) If the department elects not to proceed with the
2 action, the person who initiated the action has the right to
3 conduct the action. If the Attorney General, as head of the
4 department, or the Chief Financial Officer Comptroller, as
5 head of the Department of Financial Services Banking and
6 Finance, so requests, it shall be served, at the requesting
7 department's expense, with copies of all pleadings and motions
8 filed in the action and copies of all deposition transcripts.
9 When a person proceeds with the action, the court, without
10 limiting the rights of the person initiating the action, may
11 nevertheless permit the department to intervene and take over
12 the action on behalf of the state at a later date upon showing
13 of good cause.
14 (6) The Department of Financial Services Banking and
15 Finance, or the department, may intervene on its own behalf as
16 a matter of right.
17 Section 105. Subsection (3) of section 68.087, Florida
18 Statutes, is amended to read:
19 68.087 Exemptions to civil actions.--
20 (3) No court shall have jurisdiction over an action
21 brought under this act based upon the public disclosure of
22 allegations or transactions in a criminal, civil, or
23 administrative hearing; in a legislative, administrative,
24 inspector general, or Auditor General, Chief Financial Officer
25 Comptroller, or Department of Financial Services Banking and
26 Finance report, hearing, audit, or investigation; or from the
27 news media, unless the action is brought by the department, or
28 unless the person bringing the action is an original source of
29 the information. For purposes of this subsection, the term
30 "original source" means an individual who has direct and
31 independent knowledge of the information on which the
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1 allegations are based and has voluntarily provided the
2 information to the department before filing an action under
3 this act based on the information.
4 Section 106. Section 68.092, Florida Statutes, is
5 amended to read:
6 68.092 Deposit of recovered moneys.--All moneys
7 recovered by the Chief Financial Officer Comptroller, as head
8 of the Department of Financial Services Banking and Finance,
9 under s. 68.086(1) in any civil action for violation of the
10 Florida False Claims Act shall be deposited in the
11 Administrative Trust Fund of the Department of Financial
12 Services Banking and Finance.
13 Section 107. Section 77.0305, Florida Statutes, is
14 amended to read:
15 77.0305 Continuing writ of garnishment against salary
16 or wages.--Notwithstanding any other provision of this
17 chapter, if salary or wages are to be garnished to satisfy a
18 judgment, the court shall issue a continuing writ of
19 garnishment to the judgment debtor's employer which provides
20 for the periodic payment of a portion of the salary or wages
21 of the judgment debtor as the salary or wages become due until
22 the judgment is satisfied or until otherwise provided by court
23 order. A debtor's status as an employee of the state or its
24 agencies or political subdivisions does not preclude a
25 judgment creditor's right to garnish the debtor's wages. For
26 the purposes of this section, the state includes the judicial
27 branch and the legislative branch as defined in s. 216.011.
28 The state, for itself and for its agencies and subdivisions,
29 waives sovereign immunity for the express and limited purpose
30 necessary to carry out this section. The court shall allow
31 the judgment debtor's employer to collect up to $5 against the
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1 salary or wages of the judgment debtor to reimburse the
2 employer for administrative costs for the first deduction from
3 the judgment debtor's salary or wages and up to $2 for each
4 deduction thereafter. The funds collected by the state under
5 this section must be deposited in the Department of Financial
6 Services Banking and Finance Administrative Trust Fund for
7 purposes of carrying out this section.
8 Section 108. Section 92.39, Florida Statutes, is
9 amended to read:
10 92.39 Evidence of individual's claim against the state
11 in suits between them.--In suits between the state and
12 individuals, no claim for a credit shall be allowed upon
13 trial, but such as shall appear to have been presented to the
14 Chief Financial Officer Comptroller for his or her the
15 Comptroller's examination, and by him or her disallowed in
16 whole or in part, unless it shall be proved to the
17 satisfaction of the court that the defendant is, at the time
18 of the trial, in possession of vouchers not before in the
19 defendant's power to procure, and that the defendant was
20 prevented from exhibiting a claim for such credit at the Chief
21 Financial Officer's Comptroller's office by unavoidable
22 accident.
23 Section 109. Subsection (4) of section 99.097, Florida
24 Statutes, is amended to read:
25 99.097 Verification of signatures on petitions.--
26 (4) The supervisor shall be paid in advance the sum of
27 10 cents for each signature checked or the actual cost of
28 checking such signature, whichever is less, by the candidate
29 or, in the case of a petition to have an issue placed on the
30 ballot, by the person or organization submitting the petition.
31 However, if a candidate, person, or organization seeking to
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1 have an issue placed upon the ballot cannot pay such charges
2 without imposing an undue burden on personal resources or upon
3 the resources otherwise available to such candidate, person,
4 or organization, such candidate, person, or organization
5 shall, upon written certification of such inability given
6 under oath to the supervisor, be entitled to have the
7 signatures verified at no charge. In the event a candidate,
8 person, or organization submitting a petition to have an issue
9 placed upon the ballot is entitled to have the signatures
10 verified at no charge, the supervisor of elections of each
11 county in which the signatures are verified at no charge shall
12 submit the total number of such signatures checked in the
13 county to the Chief Financial Officer Comptroller no later
14 than December 1 of the general election year, and the Chief
15 Financial Officer Comptroller shall cause such supervisor of
16 elections to be reimbursed from the General Revenue Fund in an
17 amount equal to 10 cents for each name checked or the actual
18 cost of checking such signatures, whichever is less. In no
19 event shall such reimbursement of costs be deemed or applied
20 as extra compensation for the supervisor. Petitions shall be
21 retained by the supervisors for a period of 1 year following
22 the election for which the petitions were circulated.
23 Section 110. Subsection (6) of section 103.091,
24 Florida Statutes, is amended to read:
25 103.091 Political parties.--
26 (6)(a)1. In addition to the members provided for in
27 subsection (1), each county executive committee shall include
28 all members of the Legislature who are residents of the county
29 and members of their respective political party and who shall
30 be known as at-large committeemen and committeewomen.
31
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1 2. Each state executive committee shall include, as
2 at-large committeemen and committeewomen, all members of the
3 United States Congress representing the State of Florida who
4 are members of the political party, all statewide elected
5 officials who are members of the party, and the President of
6 the Senate or the Minority Leader in the Senate, and the
7 Speaker of the House of Representatives or the Minority Leader
8 in the House of Representatives, whichever is a member of the
9 political party, and 20 members of the Legislature who are
10 members of the political party. Ten of the legislators shall
11 be appointed with the concurrence of the state chair of the
12 respective party, as follows: five to be appointed by the
13 President of the Senate; five by the Minority Leader in the
14 Senate; five by the Speaker of the House of Representatives;
15 and five by the Minority Leader in the House.
16 3. When a political party allows any member of the
17 state executive committee to have more than one vote per
18 person, other than by proxy, in a matter coming before the
19 state executive committee, the 20 members of the Legislature
20 appointed under subparagraph 2. shall not be appointed to the
21 state executive committee and the following elected officials
22 who are members of that political party shall be appointed and
23 shall have the following votes:
24 a. Governor: a number equal to 15 percent of votes
25 cast by state executive committeemen and committeewomen;
26 b. Lieutenant Governor: a number equal to 5 percent
27 of the votes cast by state executive committeemen and
28 committeewomen;
29 c. Each member of the United States Senate
30 representing the state: a number equal to 10 percent of the
31 votes cast by state executive committeemen and committeewomen;
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1 d. Secretary of State: a number equal to 5 percent of
2 the votes cast by state executive committeemen and
3 committeewomen;
4 d.e. Attorney General: a number equal to 5 percent of
5 the votes cast by state executive committeemen and
6 committeewomen;
7 e.f. Chief Financial Officer Comptroller: a number
8 equal to 5 percent of the votes cast by state executive
9 committeemen and committeewomen;
10 g. Treasurer: a number equal to 5 percent of the
11 votes cast by state executive committeemen and committeewomen;
12 f.h. Commissioner of Agriculture: a number equal to 5
13 percent of the votes cast by state executive committeemen and
14 committeewomen;
15 i. Commissioner of Education: a number equal to 5
16 percent of the votes cast by state executive committeemen and
17 committeewomen;
18 g.j. President of the Senate: a number equal to 10
19 percent of the votes cast by state executive committeemen and
20 committeewomen;
21 h.k. Minority leader of the Senate: a number equal to
22 10 percent of the votes cast by state executive committeemen
23 and committeewomen;
24 i.l. Speaker of the House of Representatives: a
25 number equal to 10 percent of the votes cast by state
26 executive committeemen and committeewomen;
27 j.m. Minority leader of the House of Representatives:
28 a number equal to 10 percent of the votes cast by state
29 executive committeemen and committeewomen; and
30 k.n. Each member of the United States House of
31 Representatives representing the state: a number equal to 1
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1 percent of the votes cast by state executive committeemen and
2 committeewomen.
3 4.a. The governing body of each state executive
4 committee as defined by party rule shall include as at-large
5 committeemen and committeewomen all statewide elected
6 officials who are members of such political party; up to four
7 members of the United States Congress representing the state
8 who are members of such political party and who shall be
9 appointed by the state chair on the basis of geographic
10 representation; the permanent presiding officer selected by
11 the members of each house of the Legislature who are members
12 of such political party; and the minority leader selected by
13 the members of each house of the Legislature who are members
14 of such political party.
15 b. All members of the governing body shall have one
16 vote per person.
17 Section 111. Section 107.11, Florida Statutes, is
18 amended to read:
19 107.11 Appropriation for expenses.--For the purpose of
20 defraying the expenses of preparing for, conducting, holding
21 and declaring the result of the election provided for by this
22 chapter and also for the purpose of defraying the expenses
23 allowed by this chapter for the holding of sessions of the
24 convention as herein provided, to be audited by the Chief
25 Financial Officer Comptroller, there is appropriated out of
26 the General Revenue Fund of the State of Florida a sufficient
27 sum of money for the payment of all amounts necessary to be
28 expended under the terms of this chapter, which sums of money
29 shall be disbursed by the State of Florida pursuant to
30 warrants drawn by the Chief Financial Officer Comptroller upon
31 the Treasurer for the payment of same.
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1 Section 112. Paragraph (a) of subsection (2) of
2 section 110.1127, Florida Statutes, is amended to read:
3 110.1127 Employee security checks.--
4 (2)(a) All positions within the Division of Treasury
5 of the Department of Financial Services Insurance are deemed
6 to be positions of special trust or responsibility, and a
7 person may be disqualified for employment in any such position
8 by reason of:
9 1. The conviction or prior conviction of a crime which
10 is reasonably related to the nature of the position sought or
11 held by the individual; or
12 2. The entering of a plea of nolo contendere or, when
13 a jury verdict of guilty is rendered but adjudication of guilt
14 is withheld, with respect to a crime which is reasonably
15 related to the nature of the position sought or held by the
16 individual.
17 Section 113. Subsection (1) of section 110.113,
18 Florida Statutes, is amended to read:
19 110.113 Pay periods for state officers and employees;
20 salary payments by direct deposit.--
21 (1) The normal pay period for salaries of state
22 officers and employees shall be 1 month. The Department of
23 Financial Services Banking and Finance shall issue either
24 monthly or biweekly salary payments by state warrants or by
25 direct deposit pursuant to s. 17.076 or make semimonthly
26 salary payments by direct deposit pursuant to s. 17.076, as
27 requested by the head of each state agency and approved by the
28 Executive Office of the Governor and the Department of
29 Financial Services Banking and Finance.
30 Section 114. Subsection (1) of section 110.114,
31 Florida Statutes, is amended to read:
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1 110.114 Employee wage deductions.--
2 (1) The state or any of its departments, bureaus,
3 commissions, and officers are authorized and permitted, with
4 the concurrence of the Department of Financial Services
5 Banking and Finance, to make deductions from the salary or
6 wage of any employee or employees in such amount as shall be
7 authorized and requested by such employee or employees and for
8 such purpose as shall be authorized and requested by such
9 employee or employees and shall pay such sums so deducted as
10 directed by such employee or employees. The concurrence of
11 the Department of Financial Services Banking and Finance shall
12 not be required for the deduction of a certified bargaining
13 agent's membership dues deductions pursuant to s. 447.303 or
14 any deductions authorized by a collective bargaining
15 agreement.
16 Section 115. Subsection (1) of section 110.116,
17 Florida Statutes, is amended to read:
18 110.116 Personnel information system; payroll
19 procedures.--
20 (1) The Department of Management Services shall
21 establish and maintain, in coordination with the payroll
22 system of the Department of Financial Services Banking and
23 Finance, a complete personnel information system for all
24 authorized and established positions in the state service,
25 with the exception of employees of the Legislature. The
26 specifications shall be developed in conjunction with the
27 payroll system of the Department of Financial Services Banking
28 and Finance and in coordination with the Auditor General. The
29 Department of Financial Services Banking and Finance shall
30 determine that the position occupied by each employee has been
31 authorized and established in accordance with the provisions
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1 of s. 216.251. The Department of Management Services shall
2 develop and maintain a position numbering system that will
3 identify each established position, and such information shall
4 be a part of the payroll system of the Department of Financial
5 Services Banking and Finance. With the exception of employees
6 of the Legislature, this system shall include all career
7 service positions and those positions exempted from career
8 service provisions, notwithstanding the funding source of the
9 salary payments, and information regarding persons receiving
10 payments from other sources. Necessary revisions shall be made
11 in the personnel and payroll procedures of the state to avoid
12 duplication insofar as is feasible. A list shall be organized
13 by budget entity to show the employees or vacant positions
14 within each budget entity. This list shall be available to
15 the Speaker of the House of Representatives and the President
16 of the Senate upon request.
17 Section 116. Paragraph (a) of subsection (3) and
18 paragraph (b) of subsection (6) of section 110.1227, Florida
19 Statutes, are amended to read:
20 110.1227 Florida Employee Long-Term-Care Plan Act.--
21 (3) The Department of Management Services and the
22 department shall, in consultation with public employers and
23 employees and representatives from unions and associations
24 representing state, university, local government, and other
25 public employees, establish and supervise the implementation
26 and administration of a self-funded or fully insured
27 long-term-care plan entitled "Florida Employee Long-Term-Care
28 Plan."
29 (a) The Department of Management Services and the
30 department shall, in consultation with the Office of Insurance
31 Regulation of the Financial Services Commission Department of
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1 Insurance, contract for actuarial, professional-administrator,
2 and other services for the Florida Employee Long-Term-Care
3 Plan.
4 (6) A Florida Employee Long-Term-Care Plan Board of
5 Directors is created, composed of nine members who shall serve
6 2-year terms, to be appointed after May 1, 1999, as follows:
7 (b) The Chief Financial Officer Insurance Commissioner
8 shall appoint an actuary.
9 Section 117. Paragraph (f) of subsection (5) of
10 section 110.1228, Florida Statutes, is amended to read:
11 110.1228 Participation by small counties, small
12 municipalities, and district school boards located in small
13 counties.--
14 (5) If the department determines that a small county,
15 small municipality, or district school board is eligible to
16 enroll, the small county, small municipality, or district
17 school board must agree to the following terms and conditions:
18 (f) If a small county, small municipality, or district
19 school board employer fails to make the payments required by
20 this section to fully reimburse the state, the Department of
21 Revenue or the Department of Financial Services Banking and
22 Finance shall, upon the request of the Department of
23 Management Services, deduct the amount owed by the employer
24 from any funds not pledged to bond debt service satisfaction
25 that are to be distributed by it to the small county, small
26 municipality, or district school board. The amounts so
27 deducted shall be transferred to the Department of Management
28 Services for further distribution to the trust funds in
29 accordance with this chapter.
30
31
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1 Section 118. Paragraph (f) of subsection (4) and
2 paragraphs (b) and (c) of subsection (5) of section 110.123,
3 Florida Statutes, are amended to read:
4 110.123 State group insurance program.--
5 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;
6 LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
7 (f) Pursuant to the request of each state officer,
8 full-time or part-time state employee, or retiree
9 participating in the state group insurance program, and upon
10 certification of the employing agency approved by the
11 department, the Chief Financial Officer Comptroller shall
12 deduct from the salary or retirement warrant payable to each
13 participant the amount so certified and shall handle such
14 deductions in accordance with rules established by the
15 department.
16 (5) DEPARTMENT POWERS AND DUTIES.--The department is
17 responsible for the administration of the state group
18 insurance program. The department shall initiate and
19 supervise the program as established by this section and shall
20 adopt such rules as are necessary to perform its
21 responsibilities. To implement this program, the department
22 shall, with prior approval by the Legislature:
23 (b) Prepare, in cooperation with the Office of
24 Insurance Regulation of the Financial Services Commission
25 Department of Insurance, the specifications necessary to
26 implement the program.
27 (c) Contract on a competitive proposal basis with an
28 insurance carrier or carriers, or professional administrator,
29 determined by the Office of Insurance Regulation of the
30 Financial Services Commission Department of Insurance to be
31 fully qualified, financially sound, and capable of meeting all
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1 servicing requirements. Alternatively, the department may
2 self-insure any plan or plans contained in the state group
3 insurance program subject to approval based on actuarial
4 soundness by the Office of Insurance Regulation Department of
5 Insurance. The department may contract with an insurance
6 company or professional administrator qualified and approved
7 by the Office of Insurance Regulation Department of Insurance
8 to administer such plan. Before entering into any contract,
9 the department shall advertise for competitive proposals, and
10 such contract shall be let upon the consideration of the
11 benefits provided in relationship to the cost of such
12 benefits. In determining which entity to contract with, the
13 department shall, at a minimum, consider: the entity's
14 previous experience and expertise in administering group
15 insurance programs of the type it proposes to administer; the
16 entity's ability to specifically perform its contractual
17 obligations in this state and other governmental
18 jurisdictions; the entity's anticipated administrative costs
19 and claims experience; the entity's capability to adequately
20 provide service coverage and sufficient number of experienced
21 and qualified personnel in the areas of claims processing,
22 recordkeeping, and underwriting, as determined by the
23 department; the entity's accessibility to state employees and
24 providers; the financial solvency of the entity, using
25 accepted business sector measures of financial performance.
26 The department may contract for medical services which will
27 improve the health or reduce medical costs for employees who
28 participate in the state group insurance plan.
29
30 Final decisions concerning enrollment, the existence of
31 coverage, or covered benefits under the state group insurance
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1 program shall not be delegated or deemed to have been
2 delegated by the department.
3 Section 119. Section 110.125, Florida Statutes, is
4 amended to read:
5 110.125 Administrative costs.--The administrative
6 expenses and costs of operating the personnel program
7 established by this chapter shall be paid by the various
8 agencies of the state government, and each such agency shall
9 include in its budget estimates its pro rata share of such
10 cost as determined by the Department of Management Services.
11 To establish an equitable division of the costs, the amount to
12 be paid by each agency shall be determined in such proportion
13 as the service rendered to each agency bears to the total
14 service rendered under the provisions of this chapter. The
15 amounts paid to the Department of Management Services which
16 are attributable to positions within the Senior Management
17 Service and the Selected Professional Service shall be used
18 for the administration of such services, training activities
19 for positions within those services, and the development and
20 implementation of a database of pertinent historical
21 information on exempt positions. Should any state agency
22 become more than 90 days delinquent in payment of this
23 obligation, the department shall certify to the Chief
24 Financial Officer Comptroller the amount due and the Chief
25 Financial Officer Comptroller shall transfer the amount due to
26 the department from any debtor agency funds available.
27 Section 120. Paragraph (a) of subsection (1) of
28 section 110.181, Florida Statutes, is amended to read:
29 110.181 Florida State Employees' Charitable
30 Campaign.--
31 (1) CREATION AND ORGANIZATION OF CAMPAIGN.--
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1 (a) The Department of Management Services shall
2 establish and maintain, in coordination with the payroll
3 system of the Department of Financial Services Banking and
4 Finance, an annual Florida State Employees' Charitable
5 Campaign. Except as provided in subsection (5), this annual
6 fundraising drive is the only authorized charitable
7 fundraising drive directed toward state employees within work
8 areas during work hours, and for which the state will provide
9 payroll deduction.
10 Section 121. Subsection (1) of section 110.2037,
11 Florida Statutes, is amended to read:
12 110.2037 Alternative benefits; tax-sheltered annual
13 leave and sick leave payments and special compensation
14 payments.--
15 (1) The Department of Management Services has
16 authority to adopt tax-sheltered plans under s. 401(a) of the
17 Internal Revenue Code for state employees who are eligible for
18 payment for accumulated leave. The department, upon adoption
19 of the plans, shall contract for a private vendor or vendors
20 to administer the plans. These plans shall be limited to state
21 employees who are over age 55 and who are: eligible for
22 accumulated leave and special compensation payments and
23 separating from employment with 10 years of service in
24 accordance with the Internal Revenue Code, or who are
25 participating in the Deferred Retirement Option Program on or
26 after July 1, 2001. The plans must provide benefits in a
27 manner that minimizes the tax liability of the state and
28 participants. The plans must be funded by employer
29 contributions of payments for accumulated leave or special
30 compensation payments, or both, as specified by the
31 department. The plans must have received all necessary federal
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1 and state approval as required by law, must not adversely
2 impact the qualified status of the Florida Retirement System
3 defined benefit or defined contribution plans or the pretax
4 benefits program, and must comply with the provisions of s.
5 112.65. Adoption of any plan is contingent on: the department
6 receiving appropriate favorable rulings from the Internal
7 Revenue Service; the department negotiating under the
8 provisions of chapter 447, where applicable; and the Chief
9 Financial Officer Comptroller making appropriate changes to
10 the state payroll system. The department's request for
11 proposals by vendors for such plans may require that the
12 vendors provide market-risk or volatility ratings from
13 recognized rating agencies for each of their investment
14 products. The department shall provide for a system of
15 continuous quality assurance oversight to ensure that the
16 program objectives are achieved and that the program is
17 prudently managed.
18 Section 122. Subsection (6) of section 110.205,
19 Florida Statutes, is amended to read:
20 110.205 Career service; exemptions.--
21 (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY
22 PROGRAM, DEPARTMENT OF FINANCIAL SERVICES INSURANCE.--In
23 addition to those positions exempted from this part, there is
24 hereby exempted from the Career Service System the chief
25 inspector of the boiler inspection program of the Department
26 of Financial Services Insurance. The salary range of this
27 position shall be established by the Department of Management
28 Services in accordance with the classification and pay plan
29 established for the Selected Exempt Service.
30 Section 123. Paragraph (b) of subsection (5),
31 paragraph (b) of subsection (7), paragraph (b) of subsection
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1 (8), and subsections (9), (11), and (13) of section 112.061,
2 Florida Statutes, are amended to read:
3 112.061 Per diem and travel expenses of public
4 officers, employees, and authorized persons.--
5 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
6 purposes of reimbursement and methods of calculating
7 fractional days of travel, the following principles are
8 prescribed:
9 (b) A traveler shall not be reimbursed on a per diem
10 basis for Class C travel, but shall receive subsistence as
11 provided in this section, which allowance for meals shall be
12 based on the following schedule:
13 1. Breakfast--When travel begins before 6 a.m. and
14 extends beyond 8 a.m.
15 2. Lunch--When travel begins before 12 noon and
16 extends beyond 2 p.m.
17 3. Dinner--When travel begins before 6 p.m. and
18 extends beyond 8 p.m., or when travel occurs during nighttime
19 hours due to special assignment.
20
21 No allowance shall be made for meals when travel is confined
22 to the city or town of the official headquarters or immediate
23 vicinity; except assignments of official business outside the
24 traveler's regular place of employment if travel expenses are
25 approved. The Chief Financial Officer Comptroller shall
26 establish a schedule for processing Class C travel subsistence
27 payments at least on a monthly basis.
28 (7) TRANSPORTATION.--
29 (b) The Department of Financial Services Banking and
30 Finance may provide any form it deems necessary to cover
31
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1 travel requests for traveling on official business and when
2 paid by the state.
3 (8) OTHER EXPENSES.--
4 (b) Other expenses which are not specifically
5 authorized by this section may be approved by the Department
6 of Financial Services Banking and Finance pursuant to rules
7 adopted by it. Expenses approved pursuant to this paragraph
8 shall be reported by the Department of Financial Services
9 Banking and Finance to the Auditor General annually.
10 (9) RULES AND REGULATIONS.--
11 (a) The Department of Financial Services Banking and
12 Finance shall adopt promulgate such rules and regulations,
13 including, but not limited to, the general criteria to be used
14 by a state agency to predetermine justification for attendance
15 by state officers and employees and authorized persons at
16 conventions and conferences, and prescribe such forms as are
17 may be necessary to effectuate the purposes of this section.
18 The department may also adopt rules prescribing the proper
19 disposition and use of promotional items and rebates offered
20 by common carriers and other entities in connection with
21 travel at public expense; however, before adopting such rules,
22 the department shall consult with the appropriation committees
23 of the Legislature.
24 (b) Each state agency shall adopt promulgate such
25 additional specific rules and regulations and specific
26 criteria to be used by it to predetermine justification for
27 attendance by state officers and employees and authorized
28 persons at conventions and conferences, not in conflict with
29 the rules and regulations of the Department of Financial
30 Services Banking and Finance or with the general criteria to
31 be used by a state agency to predetermine justification for
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1 attendance by state officers and employees and authorized
2 persons at conventions, as may be necessary to effectuate the
3 purposes of this section.
4 (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
5 (a) Authorization forms.--The Department of Financial
6 Services Banking and Finance shall furnish a uniform travel
7 authorization request form which shall be used by all state
8 officers and employees and authorized persons when requesting
9 approval for the performance of travel to a convention or
10 conference. The form shall include, but not be limited to,
11 provision for the name of each traveler, purpose of travel,
12 period of travel, estimated cost to the state, and a statement
13 of benefits accruing to the state by virtue of such travel. A
14 copy of the program or agenda of the convention or conference,
15 itemizing registration fees and any meals or lodging included
16 in the registration fee, shall be attached to, and filed with,
17 the copy of the travel authorization request form on file with
18 the agency. The form shall be signed by the traveler and by
19 the traveler's supervisor stating that the travel is to be
20 incurred in connection with official business of the state.
21 The head of the agency or his or her designated representative
22 shall not authorize or approve such request in the absence of
23 the appropriate signatures. A copy of the travel authorization
24 form shall be attached to, and become a part of, the support
25 of the agency's copy of the travel voucher.
26 (b) Voucher forms.--
27 1. The Department of Financial Services Banking and
28 Finance shall furnish a uniform travel voucher form which
29 shall be used by all state officers and employees and
30 authorized persons when submitting travel expense statements
31 for approval and payment. No travel expense statement shall
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1 be approved for payment by the Chief Financial Officer
2 Comptroller unless made on the form prescribed and furnished
3 by the department. The travel voucher form shall provide for,
4 among other things, the purpose of the official travel and a
5 certification or affirmation, to be signed by the traveler,
6 indicating the truth and correctness of the claim in every
7 material matter, that the travel expenses were actually
8 incurred by the traveler as necessary in the performance of
9 official duties, that per diem claimed has been appropriately
10 reduced for any meals or lodging included in the convention or
11 conference registration fees claimed by the traveler, and that
12 the voucher conforms in every respect with the requirements of
13 this section. The original copy of the executed uniform
14 travel authorization request form shall be attached to the
15 uniform travel voucher on file with the respective agency.
16 2. Statements for travel expenses incidental to the
17 rendering of medical services for and on behalf of clients of
18 the Department of Health shall be on forms approved by the
19 Department of Financial Services Banking and Finance.
20 (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever
21 an agency requires an employee to incur either Class A or
22 Class B travel on emergency notice to the traveler, such
23 traveler may request the agency to pay his or her expenses for
24 meals and lodging directly to the vendor, and the agency may
25 pay the vendor the actual expenses for meals and lodging
26 during the travel period, limited to an amount not to exceed
27 that authorized pursuant to this section. In emergency
28 situations, the agency head or his or her designee may
29 authorize an increase in the amount paid for a specific meal,
30 provided that the total daily cost of meals does not exceed
31 the total amount authorized for meals each day. The agency
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1 head or his or her designee may also grant prior approval for
2 a state agency to make direct payments of travel expenses in
3 other situations that result in cost savings to the state, and
4 such cost savings shall be documented in the voucher submitted
5 to the Chief Financial Officer Comptroller for the direct
6 payment of travel expenses. The provisions of this subsection
7 shall not be deemed to apply to any legislator or to any
8 employee of the Legislature.
9 Section 124. Subsections (2), (5), and (6) of section
10 112.08, Florida Statutes, are amended to read:
11 112.08 Group insurance for public officers, employees,
12 and certain volunteers; physical examinations.--
13 (2)(a) Every local governmental unit is authorized to
14 provide and pay out of its available funds for all or part of
15 the premium for life, health, accident, hospitalization, legal
16 expense, or annuity insurance, or all or any kinds of such
17 insurance, for the officers and employees of the local
18 governmental unit and for health, accident, hospitalization,
19 and legal expense insurance for the dependents of such
20 officers and employees upon a group insurance plan and, to
21 that end, to enter into contracts with insurance companies or
22 professional administrators to provide such insurance. Before
23 entering any contract for insurance, the local governmental
24 unit shall advertise for competitive bids; and such contract
25 shall be let upon the basis of such bids. If a contracting
26 health insurance provider becomes financially impaired as
27 determined by the Office of Insurance Regulation of the
28 Financial Services Commission Department of Insurance or
29 otherwise fails or refuses to provide the contracted-for
30 coverage or coverages, the local government may purchase
31 insurance, enter into risk management programs, or contract
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1 with third-party administrators and may make such acquisitions
2 by advertising for competitive bids or by direct negotiations
3 and contract. The local governmental unit may undertake
4 simultaneous negotiations with those companies which have
5 submitted reasonable and timely bids and are found by the
6 local governmental unit to be fully qualified and capable of
7 meeting all servicing requirements. Each local governmental
8 unit may self-insure any plan for health, accident, and
9 hospitalization coverage or enter into a risk management
10 consortium to provide such coverage, subject to approval based
11 on actuarial soundness by the Office of Insurance Regulation
12 Department of Insurance; and each shall contract with an
13 insurance company or professional administrator qualified and
14 approved by the office Department of Insurance to administer
15 such a plan.
16 (b) In order to obtain approval from the Office of
17 Insurance Regulation Department of Insurance of any
18 self-insured plan for health, accident, and hospitalization
19 coverage, each local governmental unit or consortium shall
20 submit its plan along with a certification as to the actuarial
21 soundness of the plan, which certification is prepared by an
22 actuary who is a member of the Society of Actuaries or the
23 American Academy of Actuaries. The Office of Insurance
24 Regulation Department of Insurance shall not approve the plan
25 unless it determines that the plan is designed to provide
26 sufficient revenues to pay current and future liabilities, as
27 determined according to generally accepted actuarial
28 principles. After implementation of an approved plan, each
29 local governmental unit or consortium shall annually submit to
30 the Office of Insurance Regulation Department of Insurance a
31 report which includes a statement prepared by an actuary who
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1 is a member of the Society of Actuaries or the American
2 Academy of Actuaries as to the actuarial soundness of the
3 plan. The report is due 90 days after the close of the fiscal
4 year of the plan. The report shall consist of, but is not
5 limited to:
6 1. The adequacy of contribution rates in meeting the
7 level of benefits provided and the changes, if any, needed in
8 the contribution rates to achieve or preserve a level of
9 funding deemed adequate to enable payment of the benefit
10 amounts provided under the plan and a valuation of present
11 assets, based on statement value, and prospective assets and
12 liabilities of the plan and the extent of any unfunded accrued
13 liabilities.
14 2. A plan to amortize any unfunded liabilities and a
15 description of actions taken to reduce unfunded liabilities.
16 3. A description and explanation of actuarial
17 assumptions.
18 4. A schedule illustrating the amortization of any
19 unfunded liabilities.
20 5. A comparative review illustrating the level of
21 funds available to the plan from rates, investment income, and
22 other sources realized over the period covered by the report
23 with the assumptions used.
24 6. A statement by the actuary that the report is
25 complete and accurate and that in the actuary's opinion the
26 techniques and assumptions used are reasonable and meet the
27 requirements and intent of this subsection.
28 7. Other factors or statements as required by the
29 Department of Insurance in order to determine the actuarial
30 soundness of the plan.
31
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1 All assumptions used in the report shall be based on
2 recognized actuarial principles acceptable to the Office of
3 Insurance Regulation Department of Insurance. The office
4 Department of Insurance shall review the report and shall
5 notify the administrator of the plan and each entity
6 participating in the plan, as identified by the administrator,
7 of any actuarial deficiencies. Each local governmental unit
8 is responsible for payment of valid claims of its employees
9 that are not paid within 60 days after receipt by the plan
10 administrator or consortium.
11 (c) Every local governmental unit is authorized to
12 expend funds for preemployment physical examinations and
13 postemployment physical examinations.
14 (5) The Department of Management Services shall
15 initiate and supervise a group insurance program providing
16 death and disability benefits for active members of the
17 Florida Highway Patrol Auxiliary, with coverage beginning July
18 1, 1978, and purchased from state funds appropriated for that
19 purpose. The Department of Management Services, in
20 cooperation with the Office of Insurance Regulation Department
21 of Insurance, shall prepare specifications necessary to
22 implement the program, and the Department of Management
23 Services shall receive bids and award the contract in
24 accordance with general law.
25 (6) The Financial Services Commission Department of
26 Insurance is authorized to adopt rules to carry out the
27 provisions of this section as they pertain to its duties.
28 Section 125. Paragraph (h) of subsection (2) of
29 section 112.191, Florida Statutes, is amended to read:
30 112.191 Firefighters; death benefits.--
31 (2)
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1 (h) The Division of the State Fire Marshal within the
2 Department of Financial Services Insurance shall adopt rules
3 necessary to implement this section.
4 Section 126. Subsection (4), paragraph (a) of
5 subsection (6), paragraphs (a), (d), (f), and (h) of
6 subsection (8), paragraph (b) of subsection (10), and
7 subsections (11) and (12) of section 112.215, Florida
8 Statutes, are amended to read:
9 112.215 Government employees; deferred compensation
10 program.--
11 (4)(a) The Chief Financial Officer Treasurer, with the
12 approval of the State Board of Administration, shall establish
13 such plan or plans of deferred compensation for state
14 employees, including all such investment vehicles or products
15 incident thereto, as may be available through, or offered by,
16 qualified companies or persons, and may approve one or more
17 such plans for implementation by and on behalf of the state
18 and its agencies and employees.
19 (b) If the Chief Financial Officer Treasurer deems it
20 advisable, he or she shall have the power, with the approval
21 of the State Board of Administration, to create a trust or
22 other special funds for the segregation of funds or assets
23 resulting from compensation deferred at the request of
24 employees of the state or its agencies and for the
25 administration of such program.
26 (c) The Chief Financial Officer Treasurer, with the
27 approval of the State Board of Administration, may delegate
28 responsibility for administration of the plan to a person the
29 Chief Financial Officer Treasurer determines to be qualified,
30 compensate such person, and, directly or through such person
31 or pursuant to a collective bargaining agreement, contract
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1 with a private corporation or institution to provide such
2 services as may be part of any such plan or as may be deemed
3 necessary or proper by the Chief Financial Officer Treasurer
4 or such person, including, but not limited to, providing
5 consolidated billing, individual and collective recordkeeping
6 and accountings, asset purchase, control, and safekeeping, and
7 direct disbursement of funds to employees or other
8 beneficiaries. The Chief Financial Officer Treasurer may
9 authorize a person, private corporation, or institution to
10 make direct disbursement of funds under the plan to an
11 employee or other beneficiary only upon the order of the
12 Comptroller to the Treasurer.
13 (d) In accordance with such approved plan, and upon
14 contract or agreement with an eligible employee, deferrals of
15 compensation may be accomplished by payroll deductions made by
16 the appropriate officer or officers of the state, with such
17 funds being thereafter held and administered in accordance
18 with the plan.
19 (6)(a) No deferred compensation plan of the state
20 shall become effective until approved by the State Board of
21 Administration and the Chief Financial Officer Treasurer is
22 satisfied by opinion from such federal agency or agencies as
23 may be deemed necessary that the compensation deferred
24 thereunder and/or the investment products purchased pursuant
25 to the plan will not be included in the employee's taxable
26 income under federal or state law until it is actually
27 received by such employee under the terms of the plan, and
28 that such compensation will nonetheless be deemed compensation
29 at the time of deferral for the purposes of social security
30 coverage, for the purposes of the state retirement system, and
31
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1 for any other retirement, pension, or benefit program
2 established by law.
3 (8)(a) There is hereby created a Deferred Compensation
4 Advisory Council composed of seven members.
5 1. One member shall be appointed by the Speaker of the
6 House of Representatives and the President of the Senate
7 jointly and shall be an employee of the legislative branch.
8 2. One member shall be appointed by the Chief Justice
9 of the Supreme Court and shall be an employee of the judicial
10 branch.
11 3. One member shall be appointed by the chair of the
12 Public Employees Relations Commission and shall be a nonexempt
13 public employee.
14 4. The remaining four members shall be employed by the
15 executive branch and shall be appointed as follows:
16 a. One member shall be appointed by the Chancellor of
17 the State University System and shall be an employee of the
18 university system.
19 b. One member shall be appointed by the Chief
20 Financial Officer Treasurer and shall be an employee of the
21 Chief Financial Officer Treasurer.
22 c. One member shall be appointed by the Governor and
23 shall be an employee of the executive branch.
24 d. One member shall be appointed by the Executive
25 Director of the State Board of Administration Comptroller and
26 shall be an employee of the State Board of Administration
27 Comptroller.
28 (d) The council shall meet at the call of its chair,
29 at the request of a majority of its membership, or at the
30 request of the Chief Financial Officer Treasurer, but not less
31 than twice a year. The business of the council shall be
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1 presented to the council in the form of an agenda. The agenda
2 shall be set by the Chief Financial Officer Treasurer and
3 shall include items of business requested by the council
4 members.
5 (f) The council shall make a report of each meeting to
6 the Chief Financial Officer Treasurer, which shall show the
7 names of the members present and shall include a record of its
8 discussions, recommendations, and actions taken. The Chief
9 Financial Officer Treasurer shall keep the records of the
10 proceedings of each meeting on file and shall make the records
11 available to any interested person or group.
12 (h) The advisory council shall provide assistance and
13 recommendations to the Chief Financial Officer Treasurer
14 relating to the provisions of the plan, the insurance or
15 investment options to be offered under the plan, and any other
16 contracts or appointments deemed necessary by the council and
17 the Chief Financial Officer Treasurer to carry out the
18 provisions of this act. The Chief Financial Officer Treasurer
19 shall inform the council of the manner in which each council
20 recommendation is being addressed. The Chief Financial
21 Officer Treasurer shall provide the council, at least
22 annually, a report on the status of the deferred compensation
23 program, including, but not limited to, information on
24 participant enrollment, amount of compensation deferred, total
25 plan assets, product provider performance, and participant
26 satisfaction with the program.
27 (10)
28 (b)1. There is created in the State Treasury the
29 Deferred Compensation Trust Fund, through which the Chief
30 Financial Officer Treasurer as trustee shall hold moneys,
31 pensions, annuities, or other benefits accrued or accruing
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1 under and pursuant to 26 U.S.C. s. 457 and the deferred
2 compensation plan provided for therein and adopted by this
3 state; and
4 a. All amounts of compensation deferred thereunder;
5 b. All property and rights purchased with such
6 amounts; and
7 c. All income attributable to such amounts, property,
8 or rights.
9 2. Notwithstanding the mandates of 26 U.S.C. s.
10 457(b)(6), all of the assets specified in subparagraph 1.
11 shall be held in trust for the exclusive benefit of
12 participants and their beneficiaries as mandated by 26 U.S.C.
13 s. 457(g)(1).
14 (11) With respect to any funds held pursuant to a
15 deferred compensation plan, any plan provider which is a bank
16 or savings association and which provides time deposit
17 accounts and certificates of deposit as an investment product
18 to the plan participants may, with the approval of the State
19 Board of Administration for providers in the state plan, or
20 with the approval of the appropriate official or body
21 designated under subsection (5) for a plan of a county,
22 municipality, other political subdivision, or constitutional
23 county officer, be exempt from the provisions of chapter 280
24 requiring it to be a qualified public depository, provided:
25 (a) The bank or savings association shall, to the
26 extent that the time deposit accounts or certificates of
27 deposit are not insured by the Federal Deposit Insurance
28 Corporation or the Federal Savings and Loan Insurance
29 Corporation, deposit or issue pledge collateral with the Chief
30 Financial Officer Treasurer for all state funds held by it
31 under a deferred compensation plan, or with such other
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1 appropriate official for all public funds held by it under a
2 deferred compensation plan of a county, municipality, other
3 political subdivision, or constitutional county officer, in an
4 amount which equals at least 150 percent of all uninsured
5 deferred compensation funds then held.
6 (b) Said collateral shall be of the kind permitted by
7 s. 280.13 and shall be pledged in the manner provided for by
8 the applicable provisions of chapter 280.
9
10 The Chief Financial Officer Treasurer shall have all the
11 applicable powers provided in ss. 280.04, 280.05, and 280.08
12 relating to the sale or other disposition of the pledged
13 collateral.
14 (12) The Chief Financial Officer Treasurer may adopt
15 any rule necessary to administer and implement this act with
16 respect to deferred compensation plans for state employees.
17 Section 127. Paragraph (h) of subsection (4) of
18 section 112.3144, Florida Statutes, is amended to read:
19 112.3144 Full and public disclosure of financial
20 interests.--
21 (4) Forms for compliance with the full and public
22 disclosure requirements of s. 8, Art. II of the State
23 Constitution shall be created by the Commission on Ethics. The
24 commission shall give notice of disclosure deadlines and
25 delinquencies and distribute forms in the following manner:
26 (h) Notwithstanding any provision of chapter 120, any
27 fine imposed under this subsection which is not waived by
28 final order of the commission and which remains unpaid more
29 than 60 days after the notice of payment due or more than 60
30 days after the commission renders a final order on the appeal
31 must be submitted to the Department of Financial Services
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1 Banking and Finance as a claim, debt, or other obligation owed
2 to the state, and the department shall assign the collection
3 of such fine to a collection agent as provided in s. 17.20.
4 Section 128. Paragraph (i) of subsection (6) of
5 section 112.3145, Florida Statutes, is amended to read:
6 112.3145 Disclosure of financial interests and clients
7 represented before agencies.--
8 (6) Forms for compliance with the disclosure
9 requirements of this section and a current list of persons
10 subject to disclosure shall be created by the commission and
11 provided to each supervisor of elections. The commission and
12 each supervisor of elections shall give notice of disclosure
13 deadlines and delinquencies and distribute forms in the
14 following manner:
15 (i) Notwithstanding any provision of chapter 120, any
16 fine imposed under this subsection which is not waived by
17 final order of the commission and which remains unpaid more
18 than 60 days after the notice of payment due or more than 60
19 days after the commission renders a final order on the appeal
20 must be submitted to the Department of Financial Services
21 Banking and Finance as a claim, debt, or other obligation owed
22 to the state, and the department shall assign the collection
23 of such a fine to a collection agent as provided in s. 17.20.
24 Section 129. Paragraph (c) of subsection (9) of
25 section 112.3189, Florida Statutes, is amended to read:
26 112.3189 Investigative procedures upon receipt of
27 whistle-blower information from certain state employees.--
28 (9)
29 (c) The Chief Inspector General shall transmit any
30 final report under this section, any comments provided by the
31 complainant, and any appropriate comments or recommendations
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1 by the Chief Inspector General to the Governor, to the Joint
2 Legislative Auditing Committee, to the investigating agency,
3 and to the Chief Financial Officer Comptroller.
4 Section 130. Paragraph (e) of subsection (3) of
5 section 112.31895, Florida Statutes, is amended to read:
6 112.31895 Investigative procedures in response to
7 prohibited personnel actions.--
8 (3) CORRECTIVE ACTION AND TERMINATION OF
9 INVESTIGATION.--
10 (e)1. The Florida Commission on Human Relations may
11 request an agency or circuit court to order a stay, on such
12 terms as the court requires, of any personnel action for 45
13 days if the Florida Commission on Human Relations determines
14 that reasonable grounds exist to believe that a prohibited
15 personnel action has occurred, is occurring, or is to be
16 taken. The Florida Commission on Human Relations may request
17 that such stay be extended for appropriate periods of time.
18 2. If, in connection with any investigation, the
19 Florida Commission on Human Relations determines that
20 reasonable grounds exist to believe that a prohibited action
21 has occurred, is occurring, or is to be taken which requires
22 corrective action, the Florida Commission on Human Relations
23 shall report the determination together with any findings or
24 recommendations to the agency head and may report that
25 determination and those findings and recommendations to the
26 Governor and the Chief Financial Officer Comptroller. The
27 Florida Commission on Human Relations may include in the
28 report recommendations for corrective action to be taken.
29 3. If, after 20 days, the agency does not implement
30 the recommended action, the Florida Commission on Human
31 Relations shall terminate the investigation and notify the
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1 complainant of the right to appeal under subsection (4), or
2 may petition the agency for corrective action under this
3 subsection.
4 4. If the Florida Commission on Human Relations finds,
5 in consultation with the individual subject to the prohibited
6 action, that the agency has implemented the corrective action,
7 the commission shall file such finding with the agency head,
8 together with any written comments that the individual
9 provides, and terminate the investigation.
10 Section 131. Paragraph (f) of subsection (5) of
11 section 112.3215, Florida Statutes, is amended to read:
12 112.3215 Lobbyists before the executive branch or the
13 Constitution Revision Commission; registration and reporting;
14 investigation by commission.--
15 (5)
16 (f) The commission shall provide by rule a procedure
17 by which a lobbyist who fails to timely file a report shall be
18 notified and assessed fines. The rule shall provide for the
19 following:
20 1. Upon determining that the report is late, the
21 person designated to review the timeliness of reports shall
22 immediately notify the lobbyist as to the failure to timely
23 file the report and that a fine is being assessed for each
24 late day. The fine shall be $50 per day per report for each
25 late day up to a maximum of $5,000 per late report.
26 2. Upon receipt of the report, the person designated
27 to review the timeliness of reports shall determine the amount
28 of the fine due based upon the earliest of the following:
29 a. When a report is actually received by the lobbyist
30 registration and reporting office.
31 b. When the report is postmarked.
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1 c. When the certificate of mailing is dated.
2 d. When the receipt from an established courier
3 company is dated.
4 3. Such fine shall be paid within 30 days after the
5 notice of payment due is transmitted by the Lobbyist
6 Registration Office, unless appeal is made to the commission.
7 The moneys shall be deposited into the Executive Branch Lobby
8 Registration Trust Fund.
9 4. A fine shall not be assessed against a lobbyist the
10 first time any reports for which the lobbyist is responsible
11 are not timely filed. However, to receive the one-time fine
12 waiver, all reports for which the lobbyist is responsible must
13 be filed within 30 days after the notice that any reports have
14 not been timely filed is transmitted by the Lobbyist
15 Registration Office. A fine shall be assessed for any
16 subsequent late-filed reports.
17 5. Any lobbyist may appeal or dispute a fine, based
18 upon unusual circumstances surrounding the failure to file on
19 the designated due date, and may request and shall be entitled
20 to a hearing before the commission, which shall have the
21 authority to waive the fine in whole or in part for good cause
22 shown. Any such request shall be made within 30 days after
23 the notice of payment due is transmitted by the Lobbyist
24 Registration Office. In such case, the lobbyist shall, within
25 the 30-day period, notify the person designated to review the
26 timeliness of reports in writing of his or her intention to
27 bring the matter before the commission.
28 6. The person designated to review the timeliness of
29 reports shall notify the commission of the failure of a
30 lobbyist to file a report after notice or of the failure of a
31 lobbyist to pay the fine imposed.
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1 7. Notwithstanding any provision of chapter 120, any
2 fine imposed under this subsection that is not waived by final
3 order of the commission and that remains unpaid more than 60
4 days after the notice of payment due or more than 60 days
5 after the commission renders a final order on the lobbyist's
6 appeal shall be collected by the Department of Financial
7 Services Banking and Finance as a claim, debt, or other
8 obligation owed to the state, and the department may assign
9 the collection of such fine to a collection agent as provided
10 in s. 17.20.
11 Section 132. Subsection (4) of section 112.63, Florida
12 Statutes, is amended to read:
13 112.63 Actuarial reports and statements of actuarial
14 impact; review.--
15 (4) Upon receipt, pursuant to subsection (2), of an
16 actuarial report, or upon receipt, pursuant to subsection (3),
17 of a statement of actuarial impact, the Department of
18 Management Services shall acknowledge such receipt, but shall
19 only review and comment on each retirement system's or plan's
20 actuarial valuations at least on a triennial basis. If the
21 department finds that the actuarial valuation is not complete,
22 accurate, or based on reasonable assumptions, or if the
23 department does not receive the actuarial report or statement
24 of actuarial impact, the department shall notify the local
25 government and request appropriate adjustment. If, after a
26 reasonable period of time, a satisfactory adjustment is not
27 made, the affected local government or the department may
28 petition for a hearing under the provisions of ss. 120.569 and
29 120.57. If the administrative law judge recommends in favor of
30 the department, the department shall perform an actuarial
31 review or prepare the statement of actuarial impact. The cost
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1 to the department of performing such actuarial review or
2 preparing such statement shall be charged to the governmental
3 entity of which the employees are covered by the retirement
4 system or plan. If payment of such costs is not received by
5 the department within 60 days after receipt by the
6 governmental entity of the request for payment, the department
7 shall certify to the Chief Financial Officer Comptroller the
8 amount due, and the Chief Financial Officer Comptroller shall
9 pay such amount to the department from any funds payable to
10 the governmental entity of which the employees are covered by
11 the retirement system or plan. If the administrative law
12 judge recommends in favor of the local retirement system and
13 the department performs an actuarial review, the cost to the
14 department of performing the actuarial review shall be paid by
15 the department.
16 Section 133. Section 116.03, Florida Statutes, is
17 amended to read:
18 116.03 Officers to report fees collected.--Each state
19 and county officer who receives all or any part of his or her
20 compensation in fees or commissions, or other remuneration,
21 shall keep a complete report of all fees and commissions, or
22 other remuneration collected, and shall make a report to the
23 Department of Financial Services Banking and Finance of all
24 such fees and commissions, or other remuneration, annually on
25 December 31 of each and every year. Such report shall be made
26 upon forms to be prescribed from time to time by the
27 department, and shall show in detail the source, character and
28 amount of all his or her official expenses and the net amount
29 that the office has paid up to the time of making such report.
30 All officers shall make out, fill in and subscribe and
31
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1 properly forward to the department such reports, and swear to
2 the accuracy and competency of such reports.
3 Section 134. Section 116.04, Florida Statutes, is
4 amended to read:
5 116.04 Failure of officer to make sworn report of
6 fees.--Any officer who shall fail or refuse to make,
7 subscribe, and swear, or to file with the Department of
8 Financial Services Banking and Finance a report of all fees,
9 commissions, or other remuneration collected, as required by
10 law, or if any officer shall knowingly or willfully make false
11 or incomplete reports, or in any report violate any of the
12 provisions of s. 116.03 he or she shall be guilty of a
13 misdemeanor of the first degree, punishable as provided in s.
14 775.082 or s. 775.083.
15 Section 135. Section 116.05, Florida Statutes, is
16 amended to read:
17 116.05 Examination and publication by Department of
18 Financial Services Banking and Finance.--The Department of
19 Financial Services Banking and Finance shall have examined and
20 verified any of the reports received under s. 116.03 whenever
21 in its judgment the same may be necessary, and the department
22 shall cause the matter and things in each of said reports to
23 be published one time in a newspaper published in the county
24 in which such report originated, in such form as it shall
25 direct, and the expense of such publication shall be paid by
26 the county commissioners of such county.
27 Section 136. Section 116.06, Florida Statutes, is
28 amended to read:
29 116.06 Summary of reports; certain officers not
30 required to report fees.--A summary of all such reports shall
31 be included by the Department of Financial Services Banking
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1 and Finance in its annual report to the Governor, except that
2 jurors and notaries public shall not be required to make such
3 reports as provided for in s. 116.03.
4 Section 137. Section 116.14, Florida Statutes, is
5 amended to read:
6 116.14 Receipts required from purchasers of state
7 property.--Upon the sale of any state property by the
8 superintendent and presidents of state institutions as
9 provided by law, they shall take receipt for the same from the
10 purchaser, which receipt shall be forwarded, together with the
11 proceeds of the sale, to the Chief Financial Officer State
12 Treasurer.
13 Section 138. Paragraph (c) of subsection (15) of
14 section 120.52, Florida Statutes, is amended to read:
15 120.52 Definitions.--As used in this act:
16 (15) "Rule" means each agency statement of general
17 applicability that implements, interprets, or prescribes law
18 or policy or describes the procedure or practice requirements
19 of an agency and includes any form which imposes any
20 requirement or solicits any information not specifically
21 required by statute or by an existing rule. The term also
22 includes the amendment or repeal of a rule. The term does not
23 include:
24 (c) The preparation or modification of:
25 1. Agency budgets.
26 2. Statements, memoranda, or instructions to state
27 agencies issued by the Chief Financial Officer or Comptroller
28 as chief fiscal officer of the state and relating or
29 pertaining to claims for payment submitted by state agencies
30 to the Chief Financial Officer or Comptroller.
31
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1 3. Contractual provisions reached as a result of
2 collective bargaining.
3 4. Memoranda issued by the Executive Office of the
4 Governor relating to information resources management.
5 Section 139. Subsections (3) and (9) of section
6 120.80, Florida Statutes, are amended to read:
7 120.80 Exceptions and special requirements;
8 agencies.--
9 (3) OFFICE OF FINANCIAL REGULATION DEPARTMENT OF
10 BANKING AND FINANCE.--
11 (a) Notwithstanding s. 120.60(1), in proceedings for
12 the issuance, denial, renewal, or amendment of a license or
13 approval of a merger pursuant to title XXXVIII:
14 1.a. The Office of Financial Regulation of the
15 Financial Services Commission Department of 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 Office of Financial Regulation Department of
22 Banking and Finance or an applicant may request a hearing at
23 any time prior to the issuance of a final order. Hearings
24 shall be conducted pursuant to ss. 120.569 and 120.57, except
25 that the Financial Services Commission Department of Banking
26 and Finance shall by rule provide for participation by the
27 general public.
28 2. Should a hearing be requested as provided by
29 sub-subparagraph 1.b., the applicant or licensee shall publish
30 at its own cost a notice of the hearing in a newspaper of
31 general circulation in the area affected by the application.
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1 The Financial Services Commission Department of Banking and
2 Finance may 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 Office of Financial
25 Regulation Department of Banking and Finance shall request
26 that a public hearing be conducted pursuant to ss. 120.569 and
27 120.57. Notice of such hearing shall be published by the
28 applicant as provided in subparagraph 2. The failure of any
29 such foreign national to appear personally at the hearing
30 shall be grounds for denial of the application.
31 Notwithstanding the provisions of s. 120.60(1) and
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1 subparagraph 3., every application involving a foreign
2 national shall be approved or denied within 1 year after
3 receipt of the original application or any timely requested
4 additional information or the correction of any errors or
5 omissions, or within 30 days after the conclusion of the
6 public hearing on the application, whichever 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 (9) OFFICE OF INSURANCE REGULATION DEPARTMENT OF
16 INSURANCE.--Notwithstanding s. 120.60(1), every application
17 for a certificate of authority as required by s. 624.401 shall
18 be approved or denied within 180 days after receipt of the
19 original application. Any application for a certificate of
20 authority which is not approved or denied within the 180-day
21 period, or within 30 days after conclusion of a public hearing
22 held on the application, shall be deemed approved, subject to
23 the satisfactory completion of conditions required by statute
24 as a prerequisite to licensure.
25 Section 140. Subsection (8) of section 121.051,
26 Florida Statutes, is amended to read:
27 121.051 Participation in the system.--
28 (8) DIVISION OF REHABILITATION AND LIQUIDATION
29 EMPLOYEES MEMBERSHIP.--Effective July 1, 1994, the regular
30 receivership employees of the Division of Rehabilitation and
31 Liquidation of the Department of Financial Services who are
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1 assigned to established positions and are subject to
2 established rules and regulations regarding discipline, pay,
3 classification, and time and attendance are hereby declared to
4 be state employees within the meaning of this chapter and
5 shall be compulsory members in compliance with this chapter,
6 the provisions of s. 216.011(1)(dd)2., notwithstanding.
7 Employment performed before July 1, 1994, as such a
8 receivership employee may be claimed as creditable retirement
9 service upon payment by the employee or employer of
10 contributions required in s. 121.081(1), as applicable for the
11 period claimed.
12 Section 141. Paragraph (e) of subsection (1) of
13 section 121.055, Florida Statutes, is amended to read:
14 121.055 Senior Management Service Class.--There is
15 hereby established a separate class of membership within the
16 Florida Retirement System to be known as the "Senior
17 Management Service Class," which shall become effective
18 February 1, 1987.
19 (1)
20 (e) Effective January 1, 1991, participation in the
21 Senior Management Service Class shall be compulsory for the
22 number of senior managers who have policymaking authority with
23 the State Board of Administration, as determined by the
24 Governor, Chief Financial Officer Treasurer, and Attorney
25 General Comptroller acting as the State Board of
26 Administration, unless such member elects to participate in
27 the Senior Management Service Optional Annuity Program as
28 established in subsection (6) in lieu of participation in the
29 Senior Management Service Class. Such election shall be made
30 in writing and filed with the division and the personnel
31 officer of the State Board of Administration within 90 days
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1 after becoming eligible for membership in the Senior
2 Management Service Class.
3 Section 142. Paragraph (a) of subsection (2) of
4 section 121.061, Florida Statutes, is amended to read:
5 121.061 Funding.--
6 (2)(a) Should any employer other than a state employer
7 fail to make the retirement and social security contributions,
8 both member and employer contributions, required by this
9 chapter, then, upon request by the administrator, the
10 Department of Revenue or the Department of Financial Services
11 Banking and Finance, as the case may be, shall deduct the
12 amount owed by the employer from any funds to be distributed
13 by it to the county, city, special district, or consolidated
14 form of government. The amounts so deducted shall be
15 transferred to the administrator for further distribution to
16 the trust funds in accordance with this chapter.
17 Section 143. Section 121.133, Florida Statutes, is
18 amended to read:
19 121.133 Cancellation of uncashed
20 warrants.--Notwithstanding the provisions of s. 17.26 or s.
21 717.123 to the contrary, effective July 1, 1998, if any state
22 warrant issued by the Chief Financial Officer Comptroller for
23 the payment of retirement benefits from the Florida Retirement
24 System Trust Fund, or any other pension trust fund
25 administered by the department, is not presented for payment
26 within 1 year after the last day of the month in which it was
27 originally issued, the Chief Financial Officer Comptroller
28 shall cancel the benefit warrant and credit the amount of the
29 warrant to the Florida Retirement System Trust Fund or other
30 pension trust fund administered by the department, as
31
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1 appropriate. The department may provide for issuance of a
2 replacement warrant when deemed appropriate.
3 Section 144. Paragraph (b) of subsection (4) of
4 section 122.35, Florida Statutes, is amended to read:
5 122.35 Funding.--
6 (4) Effective October 1, 1967, the proceeds of the
7 intangible tax collections of the state remaining after the
8 payment of administrative expenses, commissions which are
9 applicable, and other costs incident to its collection shall
10 be set aside into an account designated as account B of the
11 Intangible Tax Trust Fund, which account shall also receive
12 all of the matching payments for retirement and social
13 security remitted by each officer or board as provided in
14 subsection (1). The amounts received and deposited into
15 account B of the Intangible Tax Trust Fund are appropriated
16 and shall be used for the following purposes and paid out on
17 the priority basis as shown below:
18 (b) After the retirement and social security
19 contributions of all members have been matched as provided in
20 paragraph (a), the balance remaining in account B of the
21 Intangible Tax Trust Fund shall be distributed as follows:
22 1. Each county shall receive each fiscal year ending
23 June 30 an allocation in an amount equal to 55 percent of the
24 total net intangible taxes collected and remitted to the
25 Department of Revenue by the tax collector of the county
26 during the prior fiscal year.
27 a. Commencing October 1, 1967, and every October 1
28 thereafter and continuing on the first day of each subsequent
29 month through June 30 of each fiscal year each board of county
30 commissions of the several counties of the state shall receive
31 an allocation from account B of the Intangible Tax Trust Fund.
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1 This allocation shall not include the school boards of the
2 several counties of the state. The amount of said monthly
3 allocation shall be equal to the average amount required to be
4 matched by the Intangible Tax Trust Fund for the corresponding
5 months during the 1966-1967 fiscal year as computed by the
6 Chief Financial Officer Comptroller, or one-twelfth of the
7 Chief Financial Officer's Comptroller's estimate of the
8 county's allocation, whichever is smaller, and an adjustment
9 to reconcile the monthly allocations with the actual amount to
10 be received pursuant to this subparagraph, shall be made not
11 later than 60 days after the end of the fiscal year.
12 b. Each county, county agency and school board shall
13 pay all matching cost for retirement and social security as
14 required by this act and s. 238.11(1), notwithstanding the
15 provisions of any other law.
16 2. The balance remaining in account B of the
17 Intangible Tax Trust Fund after the retirement and social
18 security contributions have been matched and the allocations
19 to each county have been paid as provided in this act, shall
20 be paid over to the General Revenue Fund of the state.
21 Section 145. Paragraphs (a) and (b) of subsection (11)
22 of section 125.0104, Florida Statutes, are amended to read:
23 125.0104 Tourist development tax; procedure for
24 levying; authorized uses; referendum; enforcement.--
25 (11) INTEREST PAID ON DISTRIBUTIONS.--
26 (a) Interest shall be paid on undistributed taxes
27 collected and remitted to the Department of Revenue under this
28 section. Such interest shall be included along with the tax
29 proceeds distributed to the counties and shall be paid from
30 moneys transferred from the General Revenue Fund. The
31 department shall calculate the interest for net tax
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1 distributions using the average daily rate that was earned by
2 the State Treasury for the preceding calendar quarter and paid
3 to the General Revenue Fund. This rate shall be certified by
4 the Chief Financial Officer Treasurer to the department by the
5 20th day following the close of each quarter.
6 (b) The interest applicable to taxes collected under
7 this section shall be calculated by multiplying the tax
8 amounts to be distributed times the daily rate times the
9 number of days after the third working day following the date
10 the tax is due and payable pursuant to s. 212.11 until the
11 date the department issues a voucher to request the Chief
12 Financial Officer Comptroller to issue the payment warrant.
13 The warrant shall be issued within 7 days after the request.
14 Section 146. Paragraph (b) of subsection (2) of
15 section 129.201, Florida Statutes, is amended to read:
16 129.201 Budget of supervisor of elections; manner and
17 time of preparation and presentation.--
18 (2)
19 (b) To the extent appropriate, the budget shall be
20 further itemized in conformance with the Uniform Accounting
21 System for Local Units of Government in Florida adopted
22 promulgated by rule of the Chief Financial Officer Comptroller
23 of the state.
24 Section 147. Section 131.05, Florida Statutes, is
25 amended to read:
26 131.05 Disposition of proceeds of sale.--In the event
27 refunding bonds are issued under the provisions of this
28 chapter prior to the date of maturity or option date of the
29 obligations proposed to be refunded, the proceeds of said
30 refunding bonds shall be deposited in a bank or trust company
31 within the state, which depository shall give a surety bond,
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1 or other such bonds as are authorized by law to be accepted
2 for securing county and city funds, satisfactory to the
3 Department of Financial Services Banking and Finance for the
4 full amount of money so deposited, and the funds so deposited
5 shall only be withdrawn with the approval of the department,
6 for the purpose of paying the obligations to refund which said
7 bonds were issued.
8 Section 148. Section 137.09, Florida Statutes, is
9 amended to read:
10 137.09 Justification and approval of bonds.--Each
11 surety upon every bond of any county officer shall make
12 affidavit that he or she is a resident of the county for which
13 the officer is to be commissioned, and that he or she has
14 sufficient visible property therein unencumbered and not
15 exempt from sale under legal process to make good his or her
16 bond. Every such bond shall be approved by the board of
17 county commissioners and by the Department of Financial
18 Services Banking and Finance when they and it are satisfied in
19 their judgment that the same is legal, sufficient, and proper
20 to be approved.
21 Section 149. Section 145.141, Florida Statutes, is
22 amended to read:
23 145.141 Deficiency to be paid by board of county
24 commissioners.--Should any county officer have insufficient
25 revenue from the income of his or her office, after paying
26 office personnel and expenses, to pay his or her total annual
27 salary, the board of county commissioners shall pay any
28 deficiency in salary from the general revenue fund and notify
29 the Department of Financial Services Banking and Finance. The
30 deficiency shall be listed in the comptroller's annual report
31 of county finances and county fee officers.
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1 Section 150. Subsections (1) and (2) of section
2 154.02, Florida Statutes, are amended to read:
3 154.02 County Health Department Trust Fund.--
4 (1) To enable counties to provide public health
5 services and maintain public health equipment and facilities,
6 each county in the state with a population exceeding 100,000,
7 according to the last state census, may levy an annual tax not
8 exceeding 0.5 mill; each county in the state with a population
9 exceeding 40,000 and not exceeding 100,000, according to the
10 last state census, may levy an annual tax not exceeding 1
11 mill; and each county in the state with a population not
12 exceeding 40,000, according to the last state census, may levy
13 an annual tax not exceeding 2 mills, on the dollar on all
14 taxable property in such county, the proceeds of which tax, if
15 so contracted with the state, shall be paid to the Chief
16 Financial Officer Treasurer. However, the board of county
17 commissioners may elect to pay in 12 equal monthly
18 installments. Such funds in the hands of the Chief Financial
19 Officer Treasurer shall be placed in the county health
20 department trust funds of the county by which such funds were
21 raised, and such funds shall be expended by the Department of
22 Health solely for the purpose of carrying out the intent and
23 object of the public health contract.
24 (2) The Chief Financial Officer Treasurer shall
25 maintain a full-time County Health Department Trust Fund which
26 shall contain all state and local funds to be expended by
27 county health departments. Such funds shall be expended by
28 the Department of Health solely for the purposes of carrying
29 out the intent and purpose of this part. Federal funds may be
30 deposited in the trust fund.
31
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1 Section 151. Subsection (1) of section 154.03, Florida
2 Statutes, is amended to read:
3 154.03 Cooperation with Department of Health and
4 United States Government.--
5 (1) The county commissioners of any county may agree
6 with the Department of Health upon the expenditure by the
7 department in such county of any funds allotted for that
8 purpose by the department or received by it for such purposes
9 from private contributions or other sources, and such funds
10 shall be paid to the Chief Financial Officer Treasurer and
11 shall form a part of the full-time county health department
12 trust fund of such county; and such funds shall be expended by
13 the department solely for the purposes of this chapter. The
14 department is further authorized to arrange and agree with the
15 United States Government, through its duly authorized
16 officials, for the allocation and expenditure by the United
17 States of funds of the United States in the study of causes of
18 disease and prevention thereof in such full-time county health
19 departments when and where established by the department under
20 this part.
21 Section 152. Section 154.05, Florida Statutes, is
22 amended to read:
23 154.05 Cooperation and agreements between
24 counties.--Two or more counties may combine in the
25 establishment and maintenance of a single full-time county
26 health department for the counties which combine for that
27 purpose; and, pursuant to such combination or agreement, such
28 counties may cooperate with one another and the Department of
29 Health and contribute to a joint fund in carrying out the
30 purpose and intent of this chapter. The duration and nature
31 of such agreement shall be evidenced by resolutions of the
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1 boards of county commissioners of such counties and shall be
2 submitted to and approved by the department. In the event of
3 any such agreement, a full-time county health department shall
4 be established and maintained by the department in and for the
5 benefit of the counties which have entered into such an
6 agreement; and, in such case, the funds raised by taxation
7 pursuant to this chapter by each such county shall be paid to
8 the Chief Financial Officer Treasurer for the account of the
9 department and shall be known as the full-time county health
10 department trust fund of the counties so cooperating. Such
11 trust funds shall be used and expended by the department for
12 the purposes specified in this chapter in each county which
13 has entered into such agreement. In case such an agreement is
14 entered into between two or more counties, the work
15 contemplated by this chapter shall be done by a single
16 full-time county health department in the counties so
17 cooperating; and the nature, extent, and location of such work
18 shall be under the control and direction of the department.
19 Section 153. Subsection (2) of section 154.06, Florida
20 Statutes, is amended to read:
21 154.06 Fees and services rendered; authority.--
22 (2) All funds collected under this section shall be
23 expended solely for the purpose of providing health services
24 and facilities within the county served by the county health
25 department. Fees collected by county health departments
26 pursuant to department rules shall be deposited with the Chief
27 Financial Officer Treasurer and credited to the County Health
28 Department Trust Fund. Fees collected by the county health
29 department for public health services or personal health
30 services shall be allocated to the state and the county based
31 upon the pro rata share of funding for each such service. The
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1 board of county commissioners, if it has so contracted, shall
2 provide for the transmittal of funds collected for its pro
3 rata share of personal health services or primary care
4 services rendered under the provisions of this section to the
5 State Treasury for credit to the County Health Department
6 Trust Fund, but in any event the proceeds from such fees may
7 only be used to fund county health department services.
8 Section 154. Paragraphs (d) and (e) of subsection (17)
9 of section 154.209, Florida Statutes, are amended to read:
10 154.209 Powers of authority.--The purpose of the
11 authority shall be to assist health facilities in the
12 acquisition, construction, financing, and refinancing of
13 projects in any corporated or unincorporated area within the
14 geographical limits of the local agency. For this purpose,
15 the authority is authorized and empowered:
16 (17) To issue special obligation revenue bonds for the
17 purpose of establishing and maintaining the self-insurance
18 pool and to provide reserve funds in connection therewith,
19 such bonds to be payable from funds available in the pool from
20 time to time or from assessments against participating health
21 facilities for the purpose of providing required contributions
22 to the fund. With respect to the issuance of such bonds or
23 notes the following provisions shall apply:
24 (d) Any self-insurance pool funded pursuant to this
25 section shall maintain excess insurance which provides
26 specific and aggregate limits and a retention level determined
27 in accordance with sound actuarial principles. The Office of
28 Insurance Regulation of the Financial Services Commission
29 Department of Insurance may waive this requirement if the fund
30 demonstrates that its operation is and will be actuarially
31 sound without obtaining excess insurance.
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1 (e) Prior to the issuance of any bonds pursuant to
2 this section for the purpose of acquiring liability coverage
3 contracts from the self-insurance pool, the Office of
4 Insurance Regulation Department of Insurance shall certify
5 that excess liability coverage for the health facility is
6 reasonably unobtainable in the amounts provided by such pool
7 or that the liability coverage obtained through acquiring
8 contracts from the self-insurance pool, after taking into
9 account costs of issuance of bonds and any other
10 administrative fees, is less expensive to the health facility
11 than similar commercial coverage then reasonably available.
12 Section 155. Section 154.314, Florida Statutes, is
13 amended to read:
14 154.314 Certification of the State of Florida.--
15 (1) In the event payment for the costs of services
16 rendered by a participating hospital or a regional referral
17 hospital is not received from the responsible county within 90
18 days of receipt of a statement for services rendered to a
19 qualified indigent who is a certified resident of the county,
20 or if the payment is disputed and said payment is not received
21 from the county determined to be responsible within 60 days of
22 the date of exhaustion of all administrative and legal
23 remedies, the hospital shall certify to the Chief Financial
24 Officer Comptroller the amount owed by the county.
25 (2) The Chief Financial Officer Comptroller shall have
26 no longer than 45 days from the date of receiving the
27 hospital's certified notice to forward the amount delinquent
28 to the appropriate hospital from any funds due to the county
29 under any revenue-sharing or tax-sharing fund established by
30 the state, except as otherwise provided by the State
31 Constitution. The Chief Financial Officer Comptroller shall
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1 provide the Governor and the fiscal committees in the House of
2 Representatives and the Senate with a quarterly accounting of
3 the amounts certified by hospitals as owed by counties and the
4 amount paid to hospitals out of any revenue or tax sharing
5 funds due to the county.
6 Section 156. Paragraph (e) of subsection (7) of
7 section 163.01, Florida Statutes, is amended to read:
8 163.01 Florida Interlocal Cooperation Act of 1969.--
9 (7)
10 (e)1. Notwithstanding the provisions of paragraph (c),
11 any separate legal entity, created pursuant to the provisions
12 of this section and controlled by counties or municipalities
13 of this state, the membership of which consists or is to
14 consist only of public agencies of this state, may, for the
15 purpose of financing acquisition of liability coverage
16 contracts from one or more local government liability pools to
17 provide liability coverage for counties, municipalities, or
18 other public agencies of this state, exercise all powers in
19 connection with the authorization, issuance, and sale of
20 bonds. All of the privileges, benefits, powers, and terms of
21 s. 125.01 relating to counties and s. 166.021 relating to
22 municipalities shall be fully applicable to such entity and
23 such entity shall be considered a unit of local government for
24 all of the privileges, benefits, powers, and terms of part I
25 of chapter 159. Bonds issued by such entity shall be deemed
26 issued on behalf of counties, municipalities, or public
27 agencies which enter into loan agreements with such entity as
28 provided in this paragraph. Proceeds of bonds issued by such
29 entity may be loaned to counties, municipalities, or other
30 public agencies of this state, whether or not such counties,
31 municipalities, or other public agencies are also members of
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1 the entity issuing the bonds, and such counties,
2 municipalities, or other public agencies may in turn deposit
3 such loan proceeds with a separate local government liability
4 pool for purposes of acquiring liability coverage contracts.
5 2. Counties or municipalities of this state are
6 authorized pursuant to this section, in addition to the
7 authority provided by s. 125.01, part II of chapter 166, and
8 other applicable law, to issue bonds for the purpose of
9 acquiring liability coverage contracts from a local government
10 liability pool. Any individual county or municipality may, by
11 entering into interlocal agreements with other counties,
12 municipalities, or public agencies of this state, issue bonds
13 on behalf of itself and other counties, municipalities, or
14 other public agencies, for purposes of acquiring a liability
15 coverage contract or contracts from a local government
16 liability pool. Counties, municipalities, or other public
17 agencies are also authorized to enter into loan agreements
18 with any entity created pursuant to subparagraph 1., or with
19 any county or municipality issuing bonds pursuant to this
20 subparagraph, for the purpose of obtaining bond proceeds with
21 which to acquire liability coverage contracts from a local
22 government liability pool. No county, municipality, or other
23 public agency shall at any time have more than one loan
24 agreement outstanding for the purpose of obtaining bond
25 proceeds with which to acquire liability coverage contracts
26 from a local government liability pool. Obligations of any
27 county, municipality, or other public agency of this state
28 pursuant to a loan agreement as described above may be
29 validated as provided in chapter 75. Prior to the issuance of
30 any bonds pursuant to subparagraph 1. or this subparagraph for
31 the purpose of acquiring liability coverage contracts from a
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1 local government liability pool, the reciprocal insurer or the
2 manager of any self-insurance program shall demonstrate to the
3 satisfaction of the Office of Insurance Regulation of the
4 Financial Services Commission Department of Insurance that
5 excess liability coverage for counties, municipalities, or
6 other public agencies is reasonably unobtainable in the
7 amounts provided by such pool or that the liability coverage
8 obtained through acquiring contracts from a local government
9 liability pool, after taking into account costs of issuance of
10 bonds and any other administrative fees, is less expensive to
11 counties, municipalities, or special districts than similar
12 commercial coverage then reasonably available.
13 3. Any entity created pursuant to this section or any
14 county or municipality may also issue bond anticipation notes,
15 as provided by s. 215.431, in connection with the
16 authorization, issuance, and sale of such bonds. In addition,
17 the governing body of such legal entity or the governing body
18 of such county or municipality may also authorize bonds to be
19 issued and sold from time to time and may delegate, to such
20 officer, official, or agent of such legal entity as the
21 governing body of such legal entity may select, the power to
22 determine the time; manner of sale, public or private;
23 maturities; rate or rates of interest, which may be fixed or
24 may vary at such time or times and in accordance with a
25 specified formula or method of determination; and other terms
26 and conditions as may be deemed appropriate by the officer,
27 official, or agent so designated by the governing body of such
28 legal entity. However, the amounts and maturities of such
29 bonds and the interest rate or rates of such bonds shall be
30 within the limits prescribed by the governing body of such
31 legal entity and its resolution delegating to such officer,
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1 official, or agent the power to authorize the issuance and
2 sale of such bonds. Any series of bonds issued pursuant to
3 this paragraph shall mature no later than 7 years following
4 the date of issuance thereof.
5 4. Bonds issued pursuant to subparagraph 1. may be
6 validated as provided in chapter 75. The complaint in any
7 action to validate such bonds shall be filed only in the
8 Circuit Court for Leon County. The notice required to be
9 published by s. 75.06 shall be published in Leon County and in
10 each county which is an owner of the entity issuing the bonds,
11 or in which a member of the entity is located, and the
12 complaint and order of the circuit court shall be served only
13 on the State Attorney of the Second Judicial Circuit and on
14 the state attorney of each circuit in each county or
15 municipality which is an owner of the entity issuing the bonds
16 or in which a member of the entity is located.
17 5. Bonds issued pursuant to subparagraph 2. may be
18 validated as provided in chapter 75. The complaint in any
19 action to validate such bonds shall be filed in the circuit
20 court of the county or municipality which will issue the
21 bonds. The notice required to be published by s. 75.06 shall
22 be published only in the county where the complaint is filed,
23 and the complaint and order of the circuit court shall be
24 served only on the state attorney of the circuit in the county
25 or municipality which will issue the bonds.
26 6. The participation by any county, municipality, or
27 other public agency of this state in a local government
28 liability pool shall not be deemed a waiver of immunity to the
29 extent of liability coverage, nor shall any contract entered
30 regarding such a local government liability pool be required
31 to contain any provision for waiver.
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1 Section 157. Subsections (4), (5), (6), (7), (8), and
2 (9) of section 163.055, Florida Statutes, are amended to read:
3 163.055 Local Government Financial Technical
4 Assistance Program.--
5 (4) The Chief Financial Officer Comptroller shall
6 enter into contracts with program providers who shall:
7 (a) Be a public agency or private, nonprofit
8 corporation, association, or entity.
9 (b) Use existing resources, services, and information
10 that are available from state or local agencies, universities,
11 or the private sector.
12 (c) Seek and accept funding from any public or private
13 source.
14 (d) Annually submit information to assist the
15 Legislative Committee on Intergovernmental Relations in
16 preparing a performance review that will include an analysis
17 of the effectiveness of the program.
18 (e) Assist municipalities and independent special
19 districts in developing alternative revenue sources.
20 (f) Provide for an annual independent financial audit
21 of the program, if the program receives funding.
22 (g) Provide assistance to municipalities and special
23 districts in the areas of financial management, accounting,
24 investing, budgeting, and debt issuance.
25 (h) Develop a needs assessment to determine where
26 assistance should be targeted, and to establish a priority
27 system to deliver assistance to those jurisdictions most in
28 need through the most economical means available.
29 (i) Provide financial emergency assistance upon
30 direction from the Executive Office of the Governor pursuant
31 to s. 218.503.
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1 (5)(a) The Chief Financial Officer Comptroller shall
2 issue a request for proposals to provide assistance to
3 municipalities and special districts. At the request of the
4 Chief Financial Officer Comptroller, the Legislative Committee
5 on Intergovernmental Relations shall assist in the preparation
6 of the request for proposals.
7 (b) The Chief Financial Officer Comptroller shall
8 review each contract proposal submitted.
9 (c) The Legislative Committee on Intergovernmental
10 Relations shall review each contract proposal and submit to
11 the Chief Financial Officer Comptroller, in writing, advisory
12 comments and recommendations, citing with specificity the
13 reasons for its recommendations.
14 (d) The Chief Financial Officer Comptroller and the
15 Legislative Committee on Intergovernmental Relations shall
16 consider the following factors in reviewing contract
17 proposals:
18 1. The demonstrated capacity of the provider to
19 conduct needs assessments and implement the program as
20 proposed.
21 2. The number of municipalities and special districts
22 to be served under the proposal.
23 3. The cost of the program as specified in a proposed
24 budget.
25 4. The short-term and long-term benefits of the
26 assistance to municipalities and special districts.
27 5. The form and extent to which existing resources,
28 services, and information that are available from state and
29 local agencies, universities, and the private sector will be
30 used by the provider under the contract.
31
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1 (6) A decision of the Chief Financial Officer
2 Comptroller to award a contract under this section is final
3 and shall be in writing with a copy provided to the
4 Legislative Committee on Intergovernmental Relations.
5 (7) The Chief Financial Officer Comptroller may enter
6 into contracts and agreements with other state and local
7 agencies and with any person, association, corporation, or
8 entity other than the program providers, for the purpose of
9 administering this section.
10 (8) The Chief Financial Officer Comptroller shall
11 provide fiscal oversight to ensure that funds expended for the
12 program are used in accordance with the contracts entered into
13 pursuant to subsection (4).
14 (9) The Legislative Committee on Intergovernmental
15 Relations shall annually conduct a performance review of the
16 program. The findings of the review shall be presented in a
17 report submitted to the Governor, the President of the Senate,
18 the Speaker of the House of Representatives, and the Chief
19 Financial Officer Comptroller by January 15 of each year.
20 Section 158. Subsection (6) of section 163.3167,
21 Florida Statutes, is amended to read:
22 163.3167 Scope of act.--
23 (6) When a regional planning agency is required to
24 prepare or amend a comprehensive plan, or element or portion
25 thereof, pursuant to subsections (3) and (4), the regional
26 planning agency and the local government may agree to a method
27 of compensating the regional planning agency for any
28 verifiable, direct costs incurred. If an agreement is not
29 reached within 6 months after the date the regional planning
30 agency assumes planning responsibilities for the local
31 government pursuant to subsections (3) and (4) or by the time
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1 the plan or element, or portion thereof, is completed,
2 whichever is earlier, the regional planning agency shall file
3 invoices for verifiable, direct costs involved with the
4 governing body. Upon the failure of the local government to
5 pay such invoices within 90 days, the regional planning agency
6 may, upon filing proper vouchers with the Chief Financial
7 Officer State Comptroller, request payment by the Chief
8 Financial Officer State Comptroller from unencumbered revenue
9 or other tax sharing funds due such local government from the
10 state for work actually performed, and the Chief Financial
11 Officer State Comptroller shall pay such vouchers; however,
12 the amount of such payment shall not exceed 50 percent of such
13 funds due such local government in any one year.
14 Section 159. Section 166.111, Florida Statutes, is
15 amended to read:
16 166.111 Authority to borrow.--
17 (1) The governing body of every municipality may
18 borrow money, contract loans, and issue bonds as defined in s.
19 166.101 from time to time to finance the undertaking of any
20 capital or other project for the purposes permitted by the
21 State Constitution and may pledge the funds, credit, property,
22 and taxing power of the municipality for the payment of such
23 debts and bonds.
24 (2)(a) The Legislature finds:
25 1. The widespread and massive damage to persons and
26 property caused by the August 24, 1992, storm known as
27 Hurricane Andrew has generated insurance claims of such a
28 nature as to render numerous insurers operating within this
29 state insolvent, and therefore unable to satisfy covered
30 claims.
31
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1 2. The inability of insureds within this state to
2 receive payment of covered claims or to receive such payment
3 on a timely basis creates financial and other hardships for
4 such insureds and places undue burdens on the state, the
5 affected units of local government, and the community at
6 large.
7 3. In addition, the failure of insurers to pay covered
8 claims or to pay such claims on a timely basis due to the
9 insolvency of such insurers can undermine the public's
10 confidence in insurers operating within this state, thereby
11 adversely affecting the stability of the insurance industry in
12 this state.
13 4. The state has previously taken action to address
14 these problems by adopting the Florida Insurance Guaranty
15 Association Act, which, among other things, provides a
16 mechanism for the payment of covered claims under certain
17 insurance policies to avoid excessive delay in payment and to
18 avoid financial loss to claimants or policyholders because of
19 the insolvency of an insurer.
20 5. In the wake of the unprecedented destruction caused
21 by Hurricane Andrew, the resultant covered claims, and the
22 number of insurers rendered insolvent thereby, it is evident
23 that alternative programs must be developed to allow the
24 Florida Insurance Guaranty Association to more expeditiously
25 and effectively provide for the payment of covered claims.
26 6. It is therefore determined to be in the best
27 interests of, and necessary for, the protection of the public
28 health, safety, and general welfare of the residents of this
29 state, and for the protection and preservation of the economic
30 stability of insurers operating in this state, and it is
31 hereby declared to be an essential public purpose, to permit
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1 certain municipalities to take such actions as will provide
2 relief to claimants and policyholders having covered claims
3 against insolvent insurers operating in this state, by
4 expediting the handling and payment of covered claims.
5 7. To achieve the foregoing purposes, it is proper to
6 authorize municipalities of this state substantially affected
7 by Hurricane Andrew to issue bonds to assist the Florida
8 Insurance Guaranty Association in expediting the handling and
9 payment of covered claims against insolvent insurers operating
10 in this state.
11 8. In order to avoid the needless and indiscriminate
12 proliferation, duplication, and fragmentation of such
13 assistance programs, it is proper to authorize a municipality
14 severely affected by Hurricane Andrew to provide for the
15 payment of covered claims beyond its territorial limits in the
16 implementation of such programs.
17 (b) The governing body of any municipality the
18 residents of which have been substantially affected by the
19 August 24, 1992, storm known as Hurricane Andrew, or any
20 county as defined in s. 125.011(1), may issue no more than
21 $500 million, in aggregate principal amount, of bonds as
22 defined in s. 166.101 from time to time to fund an assistance
23 program, in conjunction with the Florida Insurance Guaranty
24 Association, for the purpose of paying to claimants or
25 policyholders covered claims, as such term is defined in s.
26 631.54(3), arising through the insolvency of an insurer
27 occurring on or before March 31, 1993, which insolvency is
28 determined by the Florida Insurance Guaranty Association to
29 have been a result of Hurricane Andrew, regardless of whether
30 such claimants or policyholders are residents of such
31 municipality or the property to which such claim relates is
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1 located within or outside of the territorial jurisdiction of
2 such municipality. A municipality issuing bonds for this
3 purpose shall enter into such contracts with the Florida
4 Insurance Guaranty Association or any entity acting on behalf
5 of the Florida Insurance Guaranty Association as are necessary
6 to implement the assistance program. Any bonds issued by a
7 municipality under this subsection shall be payable from and
8 secured by moneys received by or on behalf of the municipality
9 from assessments levied under s. 631.57(3)(e), and assigned
10 and pledged under s. 631.57(3)(e) to or on behalf of the
11 municipality for the benefit of the holders of such bonds in
12 connection with such assistance program. The funds, credit,
13 property, and taxing power of the municipality shall not be
14 pledged for the payment of such bonds.
15 (c) The governing body of the municipality issuing
16 bonds authorized by paragraph (b) shall require all firms,
17 including, but not limited to, the financial advisers, legal
18 counsel, and underwriters, providing professional services in
19 the issuance of such bonds to include minority firms in the
20 provision of such services. To meet such participation
21 requirement, the minority firm must have full-time employees
22 located in this state and a permanent place of business
23 located in this state, and must be a firm which is at least 51
24 percent owned by minority persons as defined by s. 288.703(3),
25 or any combination thereof, and whose management and daily
26 operations are controlled by such persons. Minority firms must
27 be offered participation in not less than 20 percent of the
28 respective contracts for professional services.
29 Section 160. Paragraph (a) of subsection (8) of
30 section 175.032, Florida Statutes, is amended to read:
31
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1 175.032 Definitions.--For any municipality, special
2 fire control district, chapter plan, local law municipality,
3 local law special fire control district, or local law plan
4 under this chapter, the following words and phrases have the
5 following meanings:
6 (8)(a) "Firefighter" means any person employed solely
7 by a constituted fire department of any municipality or
8 special fire control district who is certified as a
9 firefighter as a condition of employment in accordance with
10 the provisions of s. 633.35 and whose duty it is to extinguish
11 fires, to protect life, or to protect property. However, for
12 purposes of this chapter only, "firefighter" also includes
13 public safety officers who are responsible for performing both
14 police and fire services, who are certified as police officers
15 or firefighters, and who are certified by their employers to
16 the Chief Financial Officer Insurance Commissioner and
17 Treasurer as participating in this chapter prior to October 1,
18 1979. Effective October 1, 1979, public safety officers who
19 have not been certified as participating in this chapter shall
20 be considered police officers for retirement purposes and
21 shall be eligible to participate in chapter 185. Any plan may
22 provide that the fire chief shall have an option to
23 participate, or not, in that plan.
24 Section 161. Subsection (1) of section 175.101,
25 Florida Statutes, is amended to read:
26 175.101 State excise tax on property insurance
27 premiums authorized; procedure.--For any municipality, special
28 fire control district, chapter plan, local law municipality,
29 local law special fire control district, or local law plan
30 under this chapter:
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1 (1) Each municipality or special fire control district
2 in this state described and classified in s. 175.041, having a
3 lawfully established firefighters' pension trust fund or
4 municipal fund or special fire control district fund, by
5 whatever name known, providing pension benefits to
6 firefighters as provided under this chapter, may assess and
7 impose on every insurance company, corporation, or other
8 insurer now engaged in or carrying on, or who shall
9 hereinafter engage in or carry on, the business of property
10 insurance as shown by the records of the Office of Insurance
11 Regulation of the Financial Services Commission Department of
12 Insurance an excise tax in addition to any lawful license or
13 excise tax now levied by each of the municipalities or special
14 fire control districts, respectively, amounting to 1.85
15 percent of the gross amount of receipts of premiums from
16 policyholders on all premiums collected on property insurance
17 policies covering property within the corporate limits of such
18 municipalities or within the legally defined boundaries of
19 special fire control districts, respectively. Whenever the
20 boundaries of a special fire control district that has
21 lawfully established a firefighters' pension trust fund
22 encompass a portion of the corporate territory of a
23 municipality that has also lawfully established a
24 firefighters' pension trust fund, that portion of the tax
25 receipts attributable to insurance policies covering property
26 situated both within the municipality and the special fire
27 control district shall be given to the fire service provider.
28 The agent shall identify the fire service provider on the
29 property owner's application for insurance. Remaining
30 revenues collected pursuant to this chapter shall be
31
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1 distributed to the municipality or special fire control
2 district according to the location of the insured property.
3
4 This section also applies to any municipality consisting of a
5 single consolidated government which is made up of a former
6 county and one or more municipalities, consolidated pursuant
7 to the authority in s. 3 or s. 6(e), Art. VIII of the State
8 Constitution, and to property insurance policies covering
9 property within the boundaries of the consolidated government,
10 regardless of whether the properties are located within one or
11 more separately incorporated areas within the consolidated
12 government, provided the properties are being provided fire
13 protection services by the consolidated government.
14 Section 162. Subsection (2) of section 175.121,
15 Florida Statutes, is amended to read:
16 175.121 Department of Revenue and Division of
17 Retirement to keep accounts of deposits; disbursements.--For
18 any municipality or special fire control district having a
19 chapter or local law plan established pursuant to this
20 chapter:
21 (2) The Chief Financial Officer Comptroller shall, on
22 or before July 1 of each year, and at such other times as
23 authorized by the division, draw his or her warrants on the
24 full net amount of money then on deposit in the Police and
25 Firefighters' Premium Tax Trust Fund pursuant to this chapter,
26 specifying the municipalities and special fire control
27 districts to which the moneys must be paid and the net amount
28 collected for and to be paid to each municipality or special
29 fire control district, respectively, subject to the limitation
30 on disbursement under s. 175.122. The sum payable to each
31 municipality or special fire control district is appropriated
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1 annually out of the Police and Firefighters' Premium Tax Trust
2 Fund. The warrants of the Chief Financial Officer Comptroller
3 shall be payable to the respective municipalities and special
4 fire control districts entitled to receive them and shall be
5 remitted annually by the division to the respective
6 municipalities and special fire control districts. In lieu
7 thereof, the municipality or special fire control district may
8 provide authorization to the division for the direct payment
9 of the premium tax to the board of trustees. In order for a
10 municipality or special fire control district and its pension
11 fund to participate in the distribution of premium tax moneys
12 under this chapter, all the provisions shall be complied with
13 annually, including state acceptance pursuant to part VII of
14 chapter 112.
15 Section 163. Section 175.151, Florida Statutes, is
16 amended to read:
17 175.151 Penalty for failure of insurers to comply with
18 this act.--If Should any insurance company, corporation or
19 other insurer fails fail to comply with the provisions of this
20 act, on or before March 1 of each year as herein provided, the
21 certificate of authority issued to said insurance company,
22 corporation or other insurer to transact business in this
23 state may be canceled and revoked by the Office of Insurance
24 Regulation of the Financial Services Commission Department of
25 Insurance, and it is unlawful for any such insurance company,
26 corporation, or other insurer to transact business thereafter
27 in this state unless such insurance company, corporation, or
28 other insurer shall be granted a new certificate of authority
29 to transact any business in this state, in compliance with
30 provisions of law authorizing such certificate of authority to
31 be issued. The division is responsible for notifying the
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1 Office of Insurance Regulation Department of Insurance
2 regarding any such failure to comply.
3 Section 164. Subsection (1) of section 185.08, Florida
4 Statutes, is amended to read:
5 185.08 State excise tax on casualty insurance premiums
6 authorized; procedure.--For any municipality, chapter plan,
7 local law municipality, or local law plan under this chapter:
8 (1) Each incorporated municipality in this state
9 described and classified in s. 185.03, as well as each other
10 city or town of this state which on July 31, 1953, had a
11 lawfully established municipal police officers' retirement
12 trust fund or city fund, by whatever name known, providing
13 pension or relief benefits to police officers as provided
14 under this chapter, may assess and impose on every insurance
15 company, corporation, or other insurer now engaged in or
16 carrying on, or who shall hereafter engage in or carry on, the
17 business of casualty insurance as shown by records of the
18 Office of Insurance Regulation of the Financial Services
19 Commission Department of Insurance, an excise tax in addition
20 to any lawful license or excise tax now levied by each of the
21 said municipalities, respectively, amounting to .85 percent of
22 the gross amount of receipts of premiums from policyholders on
23 all premiums collected on casualty insurance policies covering
24 property within the corporate limits of such municipalities,
25 respectively.
26 Section 165. Subsection (2) of section 185.10, Florida
27 Statutes, is amended to read:
28 185.10 Department of Revenue and Division of
29 Retirement to keep accounts of deposits; disbursements.--For
30 any municipality having a chapter plan or local law plan under
31 this chapter:
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1 (2) The Chief Financial Officer Comptroller shall, on
2 or before July 1 of each year, and at such other times as
3 authorized by the division, draw his or her warrants on the
4 full net amount of money then on deposit pursuant to this
5 chapter in the Police and Firefighters' Premium Tax Trust
6 Fund, specifying the municipalities to which the moneys must
7 be paid and the net amount collected for and to be paid to
8 each municipality, respectively. The sum payable to each
9 municipality is appropriated annually out of the Police and
10 Firefighters' Premium Tax Trust Fund. The warrants of the
11 Chief Financial Officer Comptroller shall be payable to the
12 respective municipalities entitled to receive them and shall
13 be remitted annually by the division to the respective
14 municipalities. In lieu thereof, the municipality may provide
15 authorization to the division for the direct payment of the
16 premium tax to the board of trustees. In order for a
17 municipality and its retirement fund to participate in the
18 distribution of premium tax moneys under this chapter, all the
19 provisions shall be complied with annually, including state
20 acceptance pursuant to part VII of chapter 112.
21 Section 166. Section 185.13, Florida Statutes, is
22 amended to read:
23 185.13 Failure of insurer to comply with chapter;
24 penalty.--If Should any insurance company, corporation or
25 other insurer fails fail to comply with the provisions of this
26 chapter, on or before March 1 in each year as herein provided,
27 the certificate of authority issued to said insurance company,
28 corporation or other insurer to transact business in this
29 state may be canceled and revoked by the Office of Insurance
30 Regulation of the Financial Services Commission Department of
31 Insurance, and it is unlawful for any such insurance company,
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1 corporation or other insurer to transact any business
2 thereafter in this state unless such insurance company,
3 corporation or other insurer shall be granted a new
4 certificate of authority to transact business in this state,
5 in compliance with provisions of law authorizing such
6 certificate of authority to be issued. The division shall be
7 responsible for notifying the Office of Insurance Regulation
8 Department of Insurance regarding any such failure to comply.
9 Section 167. Subsections (2), (3), and (5) of section
10 189.4035, Florida Statutes, are amended to read:
11 189.4035 Preparation of official list of special
12 districts.--
13 (2) The official list shall be produced by the
14 department after the department has notified each special
15 district that is currently reporting to the department, the
16 Department of Financial Services Banking and Finance pursuant
17 to s. 218.32, or the Auditor General pursuant to s. 218.39.
18 Upon notification, each special district shall submit, within
19 60 days, its determination of its status. The determination
20 submitted by a special district shall be consistent with the
21 status reported in the most recent local government audit of
22 district activities submitted to the Auditor General pursuant
23 to s. 218.39.
24 (3) The Department of Financial Services Banking and
25 Finance shall provide the department with a list of dependent
26 special districts reporting pursuant to s. 218.32 for
27 inclusion on the official list of special districts.
28 (5) The official list of special districts shall be
29 distributed by the department on October 1 of each year to the
30 President of the Senate, the Speaker of the House of
31 Representatives, the Auditor General, the Department of
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1 Revenue, the Department of Financial Services Banking and
2 Finance, the Department of Management Services, the State
3 Board of Administration, counties, municipalities, county
4 property appraisers, tax collectors, and supervisors of
5 elections and to all interested parties who request the list.
6 Section 168. Subsection (1) of section 189.412,
7 Florida Statutes, is amended to read:
8 189.412 Special District Information Program; duties
9 and responsibilities.--The Special District Information
10 Program of the Department of Community Affairs is created and
11 has the following special duties:
12 (1) The collection and maintenance of special district
13 compliance status reports from the Auditor General, the
14 Department of Financial Services Banking and Finance, the
15 Division of Bond Finance of the State Board of Administration,
16 the Department of Management Services, the Department of
17 Revenue, and the Commission on Ethics for the reporting
18 required in ss. 112.3144, 112.3145, 112.3148, 112.3149,
19 112.63, 200.068, 218.32, 218.38, 218.39, and 280.17 and
20 chapter 121 and from state agencies administering programs
21 that distribute money to special districts. The special
22 district compliance status reports must consist of a list of
23 special districts used in that state agency and a list of
24 which special districts did not comply with the reporting
25 statutorily required by that agency.
26 Section 169. Section 189.427, Florida Statutes, is
27 amended to read:
28 189.427 Fee schedule; Operating Trust Fund.--The
29 Department of Community Affairs, by rule, shall establish a
30 schedule of fees to pay one-half of the costs incurred by the
31 department in administering this act, except that the fee may
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1 not exceed $175 per district per year. The fees collected
2 under this section shall be deposited in the Operating Trust
3 Fund, which shall be administered by the Department of
4 Community Affairs. Any fee rule must consider factors such as
5 the dependent and independent status of the district and
6 district revenues for the most recent fiscal year as reported
7 to the Department of Financial Services Banking and Finance.
8 The department may assess fines of not more than $25, with an
9 aggregate total not to exceed $50, as penalties against
10 special districts that fail to remit required fees to the
11 department. It is the intent of the Legislature that general
12 revenue funds will be made available to the department to pay
13 one-half of the cost of administering this act.
14 Section 170. Subsection (3) of section 190.007,
15 Florida Statutes, is amended to read:
16 190.007 Board of supervisors; general duties.--
17 (3) The board is authorized to select as a depository
18 for its funds any qualified public depository as defined in s.
19 280.02 which meets all the requirements of chapter 280 and has
20 been designated by the Chief Financial Officer Treasurer as a
21 qualified public depository, upon such terms and conditions as
22 to the payment of interest by such depository upon the funds
23 so deposited as the board may deem just and reasonable.
24 Section 171. Subsection (16) of section 191.006,
25 Florida Statutes, is amended to read:
26 191.006 General powers.--The district shall have, and
27 the board may exercise by majority vote, the following powers:
28 (16) To select as a depository for its funds any
29 qualified public depository as defined in s. 280.02 which
30 meets all the requirements of chapter 280 and has been
31 designated by the Chief Financial Officer State Treasurer as a
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1 qualified public depository, upon such terms and conditions as
2 to the payment of interest upon the funds deposited as the
3 board deems just and reasonable.
4 Section 172. Subsection (4) of section 192.091,
5 Florida Statutes, is amended to read:
6 192.091 Commissions of property appraisers and tax
7 collectors.--
8 (4) The commissions for collecting taxes assessed for
9 or levied by the state shall be audited, and allowed, by the
10 Comptroller and shall be paid by the Chief Financial Officer
11 Treasurer as other Comptroller's warrants are paid; and
12 commissions for collecting the county taxes shall be audited
13 and paid by the boards of county commissioners of the several
14 counties of this state. The commissions for collecting all
15 special school district taxes shall be audited by the school
16 board of each respective district and taken out of the funds
17 of the respective special school district under its control
18 and allowed and paid to the tax collectors for collecting such
19 taxes; and the commissions for collecting all other district
20 taxes, whether special or not, shall be audited and paid by
21 the governing board or commission having charge of the
22 financial obligations of such district. All commissions for
23 collecting special tax district taxes shall be paid at the
24 time and in the manner now, or as may hereafter be, provided
25 for the payment of the commissions for the collection of
26 county taxes. All amounts paid as compensation to any tax
27 collector under the provisions of this or any other law shall
28 be a part of the general income or compensation of such
29 officer for the year in which received, and nothing contained
30 in this section shall be held or construed to affect or
31
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1 increase the maximum salary as now provided by law for any
2 such officer.
3 Section 173. Subsection (3) of section 192.102,
4 Florida Statutes, is amended to read:
5 192.102 Payment of property appraisers' and
6 collectors' commissions.--
7 (3) The Chief Financial Officer Comptroller of the
8 state shall issue to each of the county property appraisers
9 and collectors of taxes, on the first Monday of January,
10 April, July, and October, on demand of such county property
11 appraisers and collectors of taxes after approval by the
12 Department of Revenue, and shall pay, his or her warrant,
13 which shall be paid by the Treasurer of the state, for an
14 amount equal to one-fourth of four-fifths of the total amount
15 of commissions received by such county property appraisers and
16 collectors of taxes or their predecessors in office from the
17 state during and for the preceding year, and the balance of
18 the commissions earned by such county property appraiser and
19 collector of taxes, respectively, during each year, over and
20 above the amount of such installment payments herein provided
21 for, shall be payable when a report of errors and double
22 assessments is approved by the county commissioners and a copy
23 thereof filed with the Department of Revenue.
24 Section 174. Subsection (1) of section 193.092,
25 Florida Statutes, is amended to read:
26 193.092 Assessment of property for back taxes.--
27 (1) When it shall appear that any ad valorem tax might
28 have been lawfully assessed or collected upon any property in
29 the state, but that such tax was not lawfully assessed or
30 levied, and has not been collected for any year within a
31 period of 3 years next preceding the year in which it is
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1 ascertained that such tax has not been assessed, or levied, or
2 collected, then the officers authorized shall make the
3 assessment of taxes upon such property in addition to the
4 assessment of such property for the current year, and shall
5 assess the same separately for such property as may have
6 escaped taxation at and upon the basis of valuation applied to
7 such property for the year or years in which it escaped
8 taxation, noting distinctly the year when such property
9 escaped taxation and such assessment shall have the same force
10 and effect as it would have had if it had been made in the
11 year in which the property shall have escaped taxation, and
12 taxes shall be levied and collected thereon in like manner and
13 together with taxes for the current year in which the
14 assessment is made. But no property shall be assessed for
15 more than 3 years' arrears of taxation, and all property so
16 escaping taxation shall be subject to such taxation to be
17 assessed in whomsoever's hands or possession the same may be
18 found, except that property acquired by a bona fide purchaser
19 who was without knowledge of the escaped taxation shall not be
20 subject to assessment for taxes for any time prior to the time
21 of such purchase, but it is the duty of the property appraiser
22 making such assessment to serve upon the previous owner a
23 notice of intent to record in the public records of the county
24 a notice of tax lien against any property owned by that person
25 in the county. Any property owned by such previous owner which
26 is situated in this state is subject to the lien of such
27 assessment in the same manner as a recorded judgment. Before
28 any such lien may be recorded, the owner so notified must be
29 given 30 days to pay the taxes, penalties, and interest. Once
30 recorded, such lien may be recorded in any county in this
31 state and shall constitute a lien on any property of such
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1 person in such county in the same manner as a recorded
2 judgment, and may be enforced by the tax collector using all
3 remedies pertaining to same; provided, that the county
4 property appraiser shall not assess any lot or parcel of land
5 certified or sold to the state for any previous years unless
6 such lot or parcel of lands so certified or sold shall be
7 included in the list furnished by the Chief Financial Officer
8 Comptroller to the county property appraiser as provided by
9 law; provided, if real or personal property be assessed for
10 taxes, and because of litigation delay ensues and the
11 assessment be held invalid the taxing authorities, may
12 reassess such property within the time herein provided after
13 the termination of such litigation; provided further, that
14 personal property acquired in good faith by purchase shall not
15 be subject to assessment for taxes for any time prior to the
16 time of such purchase, but the individual or corporation
17 liable for any such assessment shall continue personally
18 liable for same. As used in this subsection, the term "bona
19 fide purchaser" means a purchaser for value, in good faith,
20 before certification of such assessment of back taxes to the
21 tax collector for collection.
22 Section 175. Section 195.101, Florida Statutes, is
23 amended to read:
24 195.101 Withholding of state funds.--
25 (1) The Department of Revenue is hereby directed to
26 determine each year whether the several counties of this state
27 are assessing the real and tangible personal property within
28 their jurisdiction in accordance with law. If the Department
29 of Revenue determines that any county is assessing property at
30 less than that prescribed by law, the Chief Financial Officer
31 Comptroller shall withhold from such county a portion of any
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1 state funds to which the county may be entitled equal to the
2 difference of the amount assessed and the amount required to
3 be assessed by law.
4 (2) The Department of Revenue is hereby directed to
5 determine each year whether the several municipalities of this
6 state are assessing the real and tangible personal property
7 within their jurisdiction in accordance with law. If the
8 Department of Revenue determines that any municipality is
9 assessing property at less than that prescribed by law, the
10 Chief Financial Officer Comptroller shall withhold from such
11 municipality a portion of any state funds to which that
12 municipality may be entitled equal to the difference of the
13 amount assessed and the amount required to be assessed by law.
14 Section 176. Subsection (1) of section 198.29, Florida
15 Statutes, is amended to read:
16 198.29 Refunds of excess tax paid.--
17 (1) Whenever it appears, upon the examination of any
18 return made under this chapter or upon proof submitted to the
19 department by the personal representative, that an amount of
20 estate tax has been paid in excess of the tax legally due
21 under this chapter, the amount of such overpayment, together
22 with any overpayment of interest thereon shall be refunded to
23 the personal representative and paid by upon the warrant of
24 the Chief Financial Officer Comptroller, drawn upon the
25 Treasurer who shall honor and pay the same; such refund shall
26 be made by the department as a matter of course regardless of
27 whether or not the personal representative has filed a written
28 claim therefor, except that upon request of the department,
29 the personal representative shall file with the department a
30 conformed copy of any written claim for refund of federal
31
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1 estate tax which has theretofore been filed with the United
2 States.
3 Section 177. Paragraph (a) of subsection (7) of
4 section 199.232, Florida Statutes, is amended to read:
5 199.232 Powers of department.--
6 (7)(a) If it appears, upon examination of an
7 intangible tax return made under this chapter or upon proof
8 submitted to the department by the taxpayer, that an amount of
9 intangible personal property tax has been paid in excess of
10 the amount due, the department shall refund the amount of the
11 overpayment to the taxpayer by a warrant of the Chief
12 Financial Officer Comptroller, drawn upon the Treasurer. The
13 department shall refund the overpayment without regard to
14 whether the taxpayer has filed a written claim for a refund;
15 however, the department may request that the taxpayer file a
16 statement affirming that the taxpayer made the overpayment.
17 Section 178. Paragraph (a) of subsection (1) of
18 section 203.01, Florida Statutes, is amended to read:
19 203.01 Tax on gross receipts for utility and
20 communications services.--
21 (1)(a)1. Every person that receives payment for any
22 utility service shall report by the last day of each month to
23 the Department of Revenue, under oath of the secretary or some
24 other officer of such person, the total amount of gross
25 receipts derived from business done within this state, or
26 between points within this state, for the preceding month and,
27 at the same time, shall pay into the State Treasury an amount
28 equal to a percentage of such gross receipts at the rate set
29 forth in paragraph (b). Such collections shall be certified
30 by the Chief Financial Officer Comptroller upon the request of
31 the State Board of Education.
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1 2. A tax is levied on communications services as
2 defined in s. 202.11(3). Such tax shall be applied to the same
3 services and transactions as are subject to taxation under
4 chapter 202, and to communications services that are subject
5 to the exemption provided in s. 202.125(1). Such tax shall be
6 applied to the sales price of communications services when
7 sold at retail and to the actual cost of operating substitute
8 communications systems, as such terms are defined in s.
9 202.11, shall be due and payable at the same time as the taxes
10 imposed pursuant to chapter 202, and shall be administered and
11 collected pursuant to the provisions of chapter 202.
12 Section 179. Subsection (1) of section 206.46, Florida
13 Statutes, is amended to read:
14 206.46 State Transportation Trust Fund.--
15 (1) All moneys in the State Transportation Trust Fund,
16 which is hereby created, shall be used for transportation
17 purposes, as provided by law, under the direction of the
18 Department of Transportation, which department may from time
19 to time make requisition on the Chief Financial Officer
20 Comptroller for such funds. Moneys from such fund shall be
21 drawn by the Chief Financial Officer Comptroller by warrant
22 upon the State Treasury pursuant to vouchers and shall be paid
23 in like manner as other state warrants are paid out of the
24 appropriated fund against which the warrants are drawn. All
25 sums of money necessary to provide for the payment of the
26 warrants by the Chief Financial Officer Comptroller drawn upon
27 such fund are appropriated annually out of the fund for the
28 purpose of making such payments from time to time.
29 Section 180. Subsection (4) of section 210.16, Florida
30 Statutes, is amended to read:
31 210.16 Revocation or suspension of permit.--
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1 (4) In lieu of the suspension or revocation of
2 permits, the division may impose civil penalties against
3 holders of permits for violations of this part or rules and
4 regulations relating thereto. No civil penalty so imposed
5 shall exceed $1,000 for each offense, and all amounts
6 collected shall be deposited with the Chief Financial Officer
7 State Treasurer to the credit of the General Revenue Fund. If
8 the holder of the permit fails to pay the civil penalty, his
9 or her permit shall be suspended for such period of time as
10 the division may specify.
11 Section 181. Subsection (2) of section 210.20, Florida
12 Statutes, is amended to read:
13 210.20 Employees and assistants; distribution of
14 funds.--
15 (2) As collections are received by the division from
16 such cigarette taxes, it shall pay the same into a trust fund
17 in the State Treasury designated "Cigarette Tax Collection
18 Trust Fund" which shall be paid and distributed as follows:
19 (a) The division shall from month to month certify to
20 the Chief Financial Officer Comptroller the amount derived
21 from the cigarette tax imposed by s. 210.02, less the service
22 charges provided for in s. 215.20 and less 0.9 percent of the
23 amount derived from the cigarette tax imposed by s. 210.02,
24 which shall be deposited into the Alcoholic Beverage and
25 Tobacco Trust Fund, specifying the amounts to be transferred
26 from the Cigarette Tax Collection Trust Fund and credited on
27 the basis of 2.9 percent of the net collections to the Revenue
28 Sharing Trust Fund for Counties and 29.3 percent of the net
29 collections for the funding of indigent health care to the
30 Public Medical Assistance Trust Fund.
31
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1 (b)1. Beginning January 1, 1999, and continuing for 10
2 years thereafter, the division shall from month to month
3 certify to the Chief Financial Officer Comptroller the amount
4 derived from the cigarette tax imposed by s. 210.02, less the
5 service charges provided for in s. 215.20 and less 0.9 percent
6 of the amount derived from the cigarette tax imposed by s.
7 210.02, which shall be deposited into the Alcoholic Beverage
8 and Tobacco Trust Fund, specifying an amount equal to 2.59
9 percent of the net collections, and that amount shall be paid
10 to the Board of Directors of the H. Lee Moffitt Cancer Center
11 and Research Institute, established under s. 1004.43, by
12 warrant drawn by the Chief Financial Officer Comptroller upon
13 the State Treasury. These funds are hereby appropriated
14 monthly out of the Cigarette Tax Collection Trust Fund, to be
15 used for the purpose of constructing, furnishing, and
16 equipping a cancer research facility at the University of
17 South Florida adjacent to the H. Lee Moffitt Cancer Center and
18 Research Institute. In fiscal years 1999-2000 and thereafter
19 with the exception of fiscal year 2008-2009, the appropriation
20 to the H. Lee Moffitt Cancer Center and Research Institute
21 authorized by this subparagraph shall not be less than the
22 amount that would have been paid to the H. Lee Moffitt Cancer
23 Center and Research Institute for fiscal year 1998-1999 had
24 payments been made for the entire fiscal year rather than for
25 a 6-month period thereof.
26 2. Beginning July 1, 2002, and continuing through June
27 30, 2004, the division shall, in addition to the distribution
28 authorized in subparagraph 1., from month to month certify to
29 the Chief Financial Officer Comptroller the amount derived
30 from the cigarette tax imposed by s. 210.02, less the service
31 charges provided for in s. 215.20 and less 0.9 percent of the
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1 amount derived from the cigarette tax imposed by s. 210.02,
2 which shall be deposited into the Alcoholic Beverage and
3 Tobacco Trust Fund, specifying an amount equal to 0.2632
4 percent of the net collections, and that amount shall be paid
5 to the Board of Directors of the H. Lee Moffitt Cancer Center
6 and Research Institute, established under s. 1004.43, by
7 warrant drawn by the Chief Financial Officer Comptroller.
8 Beginning July 1, 2004, and continuing through June 30, 2016,
9 the division shall, in addition to the distribution authorized
10 in subparagraph 1., from month to month certify to the Chief
11 Financial Officer Comptroller the amount derived from the
12 cigarette tax imposed by s. 210.02, less the service charges
13 provided for in s. 215.20 and less 0.9 percent of the amount
14 derived from the cigarette tax imposed by s. 210.02, which
15 shall be deposited into the Alcoholic Beverage and Tobacco
16 Trust Fund, specifying an amount equal to 1.47 percent of the
17 net collections, and that amount shall be paid to the Board of
18 Directors of the H. Lee Moffitt Cancer Center and Research
19 Institute, established under s. 1004.43, by warrant drawn by
20 the Chief Financial Officer Comptroller. These funds are
21 appropriated monthly out of the Cigarette Tax Collection Trust
22 Fund, to be used for the purpose of constructing, furnishing,
23 and equipping a cancer research facility at the University of
24 South Florida adjacent to the H. Lee Moffitt Cancer Center and
25 Research Institute. In fiscal years 2004-2005 and thereafter,
26 the appropriation to the H. Lee Moffitt Cancer Center and
27 Research Institute authorized by this subparagraph shall not
28 be less than the amount that would have been paid to the H.
29 Lee Moffitt Cancer Center and Research Institute in fiscal
30 year 2001-2002, had this subparagraph been in effect.
31
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1 Section 182. Subsection (4) of section 210.50, Florida
2 Statutes, is amended to read:
3 210.50 Revocation or suspension of license.--
4 (4) In lieu of the suspension or revocation of
5 licenses, the division may impose civil penalties against
6 holders of licenses for violations of this part or rules
7 relating thereto. No civil penalty so imposed shall exceed
8 $1,000 for each offense, and all amounts collected shall be
9 deposited with the Chief Financial Officer State Treasurer to
10 the credit of the General Revenue Fund. If the holder of the
11 license fails to pay the civil penalty, his or her license
12 shall be suspended for such period of time as the division may
13 specify.
14 Section 183. Subsection (1) of section 211.06, Florida
15 Statutes, is amended to read:
16 211.06 Oil and Gas Tax Trust Fund; distribution of tax
17 proceeds.--All taxes, interest, and penalties imposed under
18 this part shall be collected by the department and placed in a
19 special fund designated the "Oil and Gas Tax Trust Fund."
20 (1) There is hereby annually appropriated a sufficient
21 amount from the Oil and Gas Tax Trust Fund for the Chief
22 Financial Officer Comptroller to refund any overpayments that
23 which have been properly approved.
24 Section 184. Subsection (3) of section 211.31, Florida
25 Statutes, is amended to read:
26 211.31 Levy of tax on severance of certain solid
27 minerals; rate, basis, and distribution of tax.--
28 (3) Interest earned on funds within any trust fund
29 created under this part shall be invested and reinvested to
30 the credit of such trust fund in accordance with s. 17.61 s.
31 18.125.
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1 Section 185. 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 186. 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 Financial Services Commission Department of Insurance.
18 Section 187. 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 3.a. A taxpayer is entitled, both in connection with
18 an audit and in connection with an application for refund
19 filed independently of any audit, to establish the amount of
20 any refund or deficiency through statistical sampling when the
21 taxpayer's records, other than those regarding fixed assets,
22 are adequate but voluminous. Alternatively, a taxpayer is
23 entitled to establish any refund or deficiency through any
24 other sampling method agreed upon by the taxpayer and the
25 department when the taxpayer's records, other than those
26 regarding fixed assets, are adequate but voluminous. Whether
27 done through statistical sampling or any other sampling method
28 agreed upon by the taxpayer and the department, the completed
29 sample must reflect both overpayments and underpayments of
30 taxes due. The sample shall be conducted through:
31
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1 (I) A taxpayer request to perform the sampling through
2 the certified audit program pursuant to s. 213.285;
3 (II) Attestation by a certified public accountant as
4 to the adequacy of the sampling method utilized and the
5 results reached using such sampling method; or
6 (III) A sampling method that has been submitted by the
7 taxpayer and approved by the department before a refund claim
8 is submitted. This sub-sub-subparagraph does not prohibit a
9 taxpayer from filing a refund claim prior to approval by the
10 department of the sampling method; however, a refund claim
11 submitted before the sampling method has been approved by the
12 department cannot be a complete refund application pursuant to
13 s. 213.255 until the sampling method has been approved by the
14 department.
15 b. The department shall prescribe by rule the
16 procedures to be followed under each method of sampling. Such
17 procedures shall follow generally accepted auditing procedures
18 for sampling. The rule shall also set forth other criteria
19 regarding the use of sampling, including, but not limited to,
20 training requirements that must be met before a sampling
21 method may be utilized and the steps necessary for the
22 department and the taxpayer to reach agreement on a sampling
23 method submitted by the taxpayer for approval by the
24 department.
25 Section 188. Subsection (1) of section 212.20, Florida
26 Statutes, is amended to read:
27 212.20 Funds collected, disposition; additional powers
28 of department; operational expense; refund of taxes
29 adjudicated unconstitutionally collected.--
30 (1) The department shall pay over to the Chief
31 Financial Officer Treasurer of the state all funds received
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1 and collected by it under the provisions of this chapter, to
2 be credited to the account of the General Revenue Fund of the
3 state.
4 Section 189. Subsections (4) and (6), paragraph (e) of
5 subsection (7) and subsection (13) of section 213.053, Florida
6 Statutes, are amended to read:
7 213.053 Confidentiality and information sharing.--
8 (4) Nothing contained in this section shall prevent
9 the department from publishing statistics so classified as to
10 prevent the identification of particular accounts, reports,
11 declarations, or returns or prevent the department from
12 disclosing to the Chief Financial Officer Comptroller the
13 names and addresses of those taxpayers who have claimed an
14 exemption pursuant to s. 199.185(1)(i) or a deduction pursuant
15 to s. 220.63(5).
16 (6) Any information received by the Department of
17 Revenue in connection with the administration of taxes,
18 including, but not limited to, information contained in
19 returns, reports, accounts, or declarations filed by persons
20 subject to tax, shall be made available by the department to
21 the Auditor General or his or her authorized agent, the
22 director of the Office of Program Policy Analysis and
23 Government Accountability or his or her authorized agent, the
24 Chief Financial Officer Comptroller or his or her authorized
25 agent, the Director of the Office of Insurance Regulation of
26 the Financial Services Commission Insurance Commissioner or
27 his or her authorized agent, the Treasurer or his or her
28 authorized agent, or a property appraiser or tax collector or
29 their authorized agents pursuant to s. 195.084(1), in the
30 performance of their official duties, or to designated
31 employees of the Department of Education solely for
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1 determination of each school district's price level index
2 pursuant to s. 1011.62(2); however, no information shall be
3 disclosed to the Auditor General or his or her authorized
4 agent, the director of the Office of Program Policy Analysis
5 and Government Accountability or his or her authorized agent,
6 the Chief Financial Officer Comptroller or his or her
7 authorized agent, the Director of the Office of Insurance
8 Regulation Insurance Commissioner or his or her authorized
9 agent, the Treasurer or his or her authorized agent, or to a
10 property appraiser or tax collector or their authorized
11 agents, or to designated employees of the Department of
12 Education if such disclosure is prohibited by federal law. The
13 Auditor General or his or her authorized agent, the director
14 of the Office of Program Policy Analysis and Government
15 Accountability or his or her authorized agent, the Chief
16 Financial Officer Comptroller or his or her authorized agent,
17 the Director of the Office of Insurance Regulation Treasurer
18 or his or her authorized agent, and the property appraiser or
19 tax collector and their authorized agents, or designated
20 employees of the Department of Education shall be subject to
21 the same requirements of confidentiality and the same
22 penalties for violation of the requirements as the department.
23 For the purpose of this subsection, "designated employees of
24 the Department of Education" means only those employees
25 directly responsible for calculation of price level indices
26 pursuant to s. 1011.62(2). It does not include the supervisors
27 of such employees or any other employees or elected officials
28 within the Department of Education.
29 (7) Notwithstanding any other provision of this
30 section, the department may provide:
31
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1 (e) Names, addresses, taxpayer identification numbers,
2 and outstanding tax liabilities to the Department of the
3 Lottery and the Office of Financial Regulation of the
4 Financial Services Commission Department of Banking and
5 Finance in the conduct of their official duties.
6
7 Disclosure of information under this subsection shall be
8 pursuant to a written agreement between the executive director
9 and the agency. Such agencies, governmental or
10 nongovernmental, shall be bound by the same requirements of
11 confidentiality as the Department of Revenue. Breach of
12 confidentiality is a misdemeanor of the first degree,
13 punishable as provided by s. 775.082 or s. 775.083.
14 (13) Notwithstanding the provisions of s. 896.102(2),
15 the department may allow full access to the information and
16 documents required to be filed with it under s. 896.102(1) to
17 federal, state, and local law enforcement and prosecutorial
18 agencies, and to the Office of Financial Regulation of the
19 Financial Services Commission Department of Banking and
20 Finance, and any of those agencies may use the information and
21 documents in any civil or criminal investigation and in any
22 court proceedings.
23 Section 190. Section 213.054, Florida Statutes, is
24 amended to read:
25 213.054 Persons claiming tax exemptions or deductions;
26 annual report.--The Department of Revenue shall be responsible
27 for monitoring the utilization of tax exemptions and tax
28 deductions authorized pursuant to chapter 81-179, Laws of
29 Florida. On or before September 1 of each year, the
30 department shall report to the Chief Financial Officer
31 Comptroller the names and addresses of all persons who have
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1 claimed an exemption pursuant to s. 199.185(1)(i) or a
2 deduction pursuant to s. 220.63(5).
3 Section 191. Subsection (6) of section 213.255,
4 Florida Statutes, is amended to read:
5 213.255 Interest.--Interest shall be paid on
6 overpayments of taxes, payment of taxes not due, or taxes paid
7 in error, subject to the following conditions:
8 (6) Interest shall be paid until a date determined by
9 the department which shall be no more than 7 days prior to the
10 date of the issuance of the refund warrant by the Chief
11 Financial Officer Comptroller.
12 Section 192. Subsection (9) of section 213.67, Florida
13 Statutes, is amended to read:
14 213.67 Garnishment.--
15 (9) The department shall provide notice to the Chief
16 Financial Officer Comptroller, in electronic or other form
17 specified by the Chief Financial Officer Comptroller, listing
18 the taxpayers for which tax warrants are outstanding. Pursuant
19 to subsection (1), the Chief Financial Officer Comptroller
20 shall, upon notice from the department, withhold all payments
21 to any person or business, as defined in s. 212.02, which
22 provides commodities or services to the state, leases real
23 property to the state, or constructs a public building or
24 public work for the state. The department may levy upon the
25 withheld payments in accordance with subsection (3). The
26 provisions of s. 215.422 do not apply from the date the notice
27 is filed with the Chief Financial Officer Comptroller until
28 the date the department notifies the Chief Financial Officer
29 Comptroller of its consent to make payment to the person or 60
30 days after receipt of the department's notice in accordance
31 with subsection (1), whichever occurs earlier.
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1 Section 193. Subsection (4) of section 213.75, Florida
2 Statutes, is amended to read:
3 213.75 Application of payments.--
4 (4) Any surplus proceeds remaining after the
5 application of subsection (3) shall, upon application and
6 satisfactory proof thereof, be refunded by the Chief Financial
7 Officer Comptroller to the person or persons legally entitled
8 thereto pursuant to s. 215.26.
9 Section 194. Section 215.02, Florida Statutes, is
10 amended to read:
11 215.02 Manner of paying money into the
12 Treasury.--Whenever any officer of this state or other person
13 desires to pay any money into the Treasury of the state on
14 account of his or her indebtedness to the state, the person
15 shall first go to into the Department of Financial Services
16 Banking and Finance, and there ascertain from the department's
17 books the amount of his or her indebtedness to the state, and
18 thereupon the department shall give that person a memorandum
19 or certificate of the amount of such indebtedness, and on what
20 account. Second, the person shall take said certificate with
21 him or her to the Department of Insurance and deliver the same
22 and pay over to the Chief Financial Officer Insurance
23 Commissioner and Treasurer the amount ascertained called for
24 in said certificate. Third, The Chief Financial Officer
25 Insurance Commissioner and Treasurer shall receive the money,
26 make a proper entry thereof, file the certificate of the
27 Department of Banking and Finance, and give a certificate to
28 the party paying over the money, acknowledging the receipt of
29 the money, and on what account; which certificate thus
30 received, the party shall return to the Department of Banking
31 and Finance, on receipt of which the department shall give the
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1 party a receipt for the amount, and enter a credit on the
2 party's account in his or her books for the amount thus paid
3 by him or her to the Insurance Commissioner and Treasurer, and
4 file the certificate received from the Insurance Commissioner
5 and Treasurer.
6 Section 195. Section 215.03, Florida Statutes, is
7 amended to read:
8 215.03 Party to be reimbursed on reversal of judgment
9 for state.--Whenever upon appeal in civil cases, any judgment
10 in favor of the state has been or shall be reversed and set
11 aside, which may have been paid in part by the appellant, the
12 Chief Financial Officer Comptroller shall issue his or her
13 warrant upon the Treasurer to reimburse the appellant for all
14 sums paid in discharge of such judgment and cost, provided the
15 appellant shall adduce satisfactory evidence to the Chief
16 Financial Officer Comptroller of the sums paid as aforesaid.
17 Section 196. Section 215.04, Florida Statutes, is
18 amended to read:
19 215.04 Department of Financial Services Banking and
20 Finance to report delinquents.--The Department of Financial
21 Services Banking and Finance shall report to the state
22 attorney of the proper circuit the name of any delinquent
23 officer whose delinquency concerns the department, so soon as
24 such delinquency shall occur; and the state attorney shall
25 proceed forthwith against such delinquent.
26 Section 197. Section 215.05, Florida Statutes, is
27 amended to read:
28 215.05 Department of Financial Services Banking and
29 Finance to certify accounts of delinquents.--When any revenue
30 officer or other person accountable for public money shall
31 neglect or refuse to pay into the treasury the sum or balance
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1 reported to be due to the state, upon the adjustment of that
2 person's account, the Department of Financial Services Banking
3 and Finance shall immediately hand over to the state attorney
4 of the proper circuit the statement of the sum or balance
5 certified under its seal of office, so due; and the state
6 attorney shall institute suit for the recovery of the same,
7 adding to the sum or balance stated to be due on such account
8 the commissions of the delinquent, which shall be forfeited in
9 every instance where suit is commenced and judgment is
10 obtained thereon, and an interest of 8 percent per annum from
11 the time of the delinquent's receiving the money until it
12 shall be paid into the State Treasury.
13 Section 198. Section 215.11, Florida Statutes, is
14 amended to read:
15 215.11 Defaulting officers; Department of Financial
16 Services Banking and Finance to report to clerk.--The
17 Department of Financial Services Banking and Finance shall,
18 within 90 days after the expiration of the term of office of
19 any tax collector, sheriff, clerk of the circuit or county
20 court, treasurer, or any other officer of any county who has
21 the collection, custody, and control of any state funds, who
22 shall be in arrears in his or her accounts with the state,
23 make up and forward to the clerk of the circuit court of such
24 county a statement of his or her accounts with the state.
25 Section 199. Paragraphs (d), (n), and (o) of
26 subsection (4) of section 215.20, Florida Statutes, are
27 amended, and paragraphs (p) through (y) of that subsection are
28 renumbered as paragraphs (o) through (x), respectively, to
29 read:
30 215.20 Certain income and certain trust funds to
31 contribute to the General Revenue Fund.--
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1 (4) The income of a revenue nature deposited in the
2 following described trust funds, by whatever name designated,
3 is that from which the appropriations authorized by subsection
4 (3) shall be made:
5 (d) Within the Office of Financial Regulation of the
6 Financial Services Commission Department of Banking and
7 Finance:
8 1. The Administrative Trust Fund.
9 2. The Anti-Fraud Trust Fund.
10 3. The Financial Institutions' Regulatory Trust Fund.
11 4. The Mortgage Brokerage Guaranty Fund.
12 5. The Regulatory Trust Fund.
13 (n) Within the Department of Financial Services
14 Insurance:
15 1. The Agents and Solicitors County Tax Trust Fund.
16 2. The Insurance Commissioner's Regulatory Trust Fund.
17 (o) Within the Department of Labor and Employment
18 Security or, if such department is terminated, within the
19 agency or department to which the named trust fund has been
20 transferred:
21 3.1. The Special Disability Trust Fund.
22 4.2. The Special Employment Security Administration
23 Trust Fund.
24 5.3. The Workers' Compensation Administration Trust
25 Fund.
26 (o)(p) Within the Department of Legal Affairs, the
27 Crimes Compensation Trust Fund.
28 (p)(q) Within the Department of Management Services:
29 1. The Administrative Trust Fund.
30 2. The Architects Incidental Trust Fund.
31 3. The Bureau of Aircraft Trust Fund.
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1 4. The Florida Facilities Pool Working Capital Trust
2 Fund.
3 5. The Grants and Donations Trust Fund.
4 6. The Motor Vehicle Operating Trust Fund.
5 7. The Police and Firefighters' Premium Tax Trust
6 Fund.
7 8. The Public Employees Relations Commission Trust
8 Fund.
9 9. The State Personnel System Trust Fund.
10 10. The Supervision Trust Fund.
11 11. The Working Capital Trust Fund.
12 (q)(r) Within the Department of Revenue:
13 1. The Additional Court Cost Clearing Trust Fund.
14 2. The Administrative Trust Fund.
15 3. The Apalachicola Bay Oyster Surcharge Clearing
16 Trust Fund.
17 4. The Certification Program Trust Fund.
18 5. The Fuel Tax Collection Trust Fund.
19 6. The Land Reclamation Trust Fund.
20 7. The Local Alternative Fuel User Fee Clearing Trust
21 Fund.
22 8. The Local Option Fuel Tax Trust Fund.
23 9. The Motor Vehicle Rental Surcharge Clearing Trust
24 Fund.
25 10. The Motor Vehicle Warranty Trust Fund.
26 11. The Oil and Gas Tax Trust Fund.
27 12. The Secondhand Dealer and Secondary Metals
28 Recycler Clearing Trust Fund.
29 13. The Severance Tax Solid Mineral Trust Fund.
30 14. The State Alternative Fuel User Fee Clearing Trust
31 Fund.
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1 15. All taxes levied on motor fuels other than
2 gasoline levied pursuant to the provisions of s. 206.87(1)(a).
3 (r)(s) Within the Department of State:
4 1. The Division of Licensing Trust Fund.
5 2. The Records Management Trust Fund.
6 3. The trust funds administered by the Division of
7 Historical Resources.
8 (s)(t) Within the Department of Transportation, all
9 income derived from outdoor advertising and overweight
10 violations which is deposited in the State Transportation
11 Trust Fund.
12 (t)(u) Within the Department of Veterans' Affairs:
13 1. The Grants and Donations Trust Fund.
14 2. The Operations and Maintenance Trust Fund.
15 3. The State Homes for Veterans Trust Fund.
16 (u)(v) Within the Division of Administrative Hearings,
17 the Administrative Trust Fund.
18 (v)(w) Within the Fish and Wildlife Conservation
19 Commission:
20 1. The Conservation and Recreation Lands Program Trust
21 Fund.
22 2. The Florida Panther Research and Management Trust
23 Fund.
24 3. The Land Acquisition Trust Fund.
25 4. The Marine Resources Conservation Trust Fund, with
26 the exception of those fees collected for recreational
27 saltwater fishing licenses as provided in s. 372.57.
28 (w)(x) Within the Florida Public Service Commission,
29 the Florida Public Service Regulatory Trust Fund.
30 (x)(y) Within the Justice Administrative Commission,
31 the Indigent Criminal Defense Trust Fund.
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1
2 The enumeration of the foregoing moneys or trust funds shall
3 not prohibit the applicability thereto of s. 215.24 should the
4 Governor determine that for the reasons mentioned in s. 215.24
5 the money or trust funds should be exempt herefrom, as it is
6 the purpose of this law to exempt income from its force and
7 effect when, by the operation of this law, federal matching
8 funds or contributions or private grants to any trust fund
9 would be lost to the state.
10 Section 200. Effective July 1, 2003, paragraph (cc) of
11 subsection (4) of section 215.20, Florida Statutes, is amended
12 to read:
13 215.20 Certain income and certain trust funds to
14 contribute to the General Revenue Fund.--
15 (4) The income of a revenue nature deposited in the
16 following described trust funds, by whatever name designated,
17 is that from which the deductions authorized by subsection (3)
18 shall be made:
19 (cc) The Insurance Commissioner's Regulatory Trust
20 Fund created by s. 624.523.
21
22 The enumeration of the foregoing moneys or trust funds shall
23 not prohibit the applicability thereto of s. 215.24 should the
24 Governor determine that for the reasons mentioned in s. 215.24
25 the money or trust funds should be exempt herefrom, as it is
26 the purpose of this law to exempt income from its force and
27 effect when, by the operation of this law, federal matching
28 funds or contributions or private grants to any trust fund
29 would be lost to the state.
30 Section 201. Paragraphs (e) and (g) of subsection (1)
31 of section 215.22, Florida Statutes, are amended to read:
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1 215.22 Certain income and certain trust funds
2 exempt.--
3 (1) The following income of a revenue nature or the
4 following trust funds shall be exempt from the appropriation
5 required by s. 215.20(1):
6 (e) State, agency, or political subdivision
7 investments by the Chief Financial Officer Treasurer.
8 (g) Self-insurance programs administered by the Chief
9 Financial Officer Treasurer.
10 Section 202. Effective July 1, 2003, paragraphs (e)
11 and (g) of subsection (1) of section 215.22, Florida Statutes,
12 are amended to read:
13 215.22 Certain income and certain trust funds
14 exempt.--
15 (1) The following income of a revenue nature or the
16 following trust funds shall be exempt from the deduction
17 required by s. 215.20(1):
18 (e) State, agency, or political subdivision
19 investments by the Chief Financial Officer Treasurer.
20 (g) Self-insurance programs administered by the Chief
21 Financial Officer Treasurer.
22 Section 203. Section 215.23, Florida Statutes, is
23 amended to read:
24 215.23 When contributions to be made.--The deductions
25 required by s. 215.20 shall be paid into the appropriate fund
26 by the Department of Banking and Finance or by the Chief
27 Financial Officer State Treasurer, as the case may be, for
28 quarterly periods ending March 31, June 30, September 30, and
29 December 31 of each year, and when so paid shall thereupon
30 become a part of that fund to be accounted for and disbursed
31 as provided by law.
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1 Section 204. Section 215.24, Florida Statutes, is
2 amended to read:
3 215.24 Exemptions where federal contributions or
4 private grants.--
5 (1) Should any state fund be the recipient of federal
6 contributions or private grants, either by the matching of
7 state funds or by a general donation to state funds, and the
8 payment of moneys into the General Revenue Fund under s.
9 215.20 should cause such fund to lose federal or private
10 assistance, the Governor shall certify to the Chief Financial
11 Officer Department of Banking and Finance and to the State
12 Treasurer that said income is for that reason exempt from the
13 force and effect of s. 215.20.
14 (2) Should it be determined by the Governor that by
15 reason of payments already made into the General Revenue Fund
16 by any fund under this law, such fund is subject to the loss
17 of federal or private assistance, then the Governor shall
18 certify to the Chief Financial Officer Department of Banking
19 and Finance and to the State Treasurer that the income from
20 such assistance is exempt from the provisions of this law, and
21 the Chief Financial Officer Department of Banking and Finance
22 or the State Treasurer, as the case may be, shall thereupon
23 refund and pay over to such fund any amount previously paid
24 into the General Revenue Fund from such income.
25 Section 205. Section 215.25, Florida Statutes, is
26 amended to read:
27 215.25 Manner of contributions; rules and
28 regulations.--The Chief Financial Officer is Department of
29 Banking and Finance and the State Treasurer are hereby
30 authorized to ascertain and determine the manner in which the
31 required amounts shall be deducted and paid and to adopt and
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1 effectuate such rules and procedure as may be necessary for
2 carrying out the provisions of this law. Such rules and
3 procedure shall be approved by the Executive Office of the
4 Governor.
5 Section 206. Subsections (1), (2), and (5) of section
6 215.26, Florida Statutes, are amended to read:
7 215.26 Repayment of funds paid into State Treasury
8 through error.--
9 (1) The Chief Financial Officer Comptroller of the
10 state may refund to the person who paid same, or his or her
11 heirs, personal representatives, or assigns, any moneys paid
12 into the State Treasury which constitute:
13 (a) An overpayment of any tax, license, or account
14 due;
15 (b) A payment where no tax, license, or account is
16 due; and
17 (c) Any payment made into the State Treasury in error;
18
19 and if any such payment has been credited to an appropriation,
20 such appropriation shall at the time of making any such
21 refund, be charged therewith. There are appropriated from the
22 proper respective funds from time to time such sums as may be
23 necessary for such refunds.
24 (2) Application for refunds as provided by this
25 section must be filed with the Chief Financial Officer
26 Comptroller, except as otherwise provided in this subsection,
27 within 3 years after the right to the refund has accrued or
28 else the right is barred. Except as provided in chapter 198
29 and s. 220.23, an application for a refund of a tax enumerated
30 in s. 72.011, which tax was paid after September 30, 1994, and
31 before July 1, 1999, must be filed with the Chief Financial
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1 Officer Comptroller within 5 years after the date the tax is
2 paid, and within 3 years after the date the tax was paid for
3 taxes paid on or after July 1, 1999. The Chief Financial
4 Officer Comptroller may delegate the authority to accept an
5 application for refund to any state agency, or the judicial
6 branch, vested by law with the responsibility for the
7 collection of any tax, license, or account due. The
8 application for refund must be on a form approved by the Chief
9 Financial Officer Comptroller and must be supplemented with
10 additional proof the Chief Financial Officer Comptroller deems
11 necessary to establish the claim; provided, the claim is not
12 otherwise barred under the laws of this state. Upon receipt of
13 an application for refund, the judicial branch or the state
14 agency to which the funds were paid shall make a determination
15 of the amount due. If an application for refund is denied, in
16 whole or in part, the judicial branch or such state agency
17 shall notify the applicant stating the reasons therefor. Upon
18 approval of an application for refund, the judicial branch or
19 such state agency shall furnish the Chief Financial Officer
20 Comptroller with a properly executed voucher authorizing
21 payment.
22 (5) When a taxpayer has pursued administrative
23 remedies before the Department of Revenue pursuant to s.
24 213.21 and has failed to comply with the time limitations and
25 conditions provided in ss. 72.011 and 120.80(14)(b), a claim
26 of refund under subsection (1) shall be denied by the Chief
27 Financial Officer Comptroller. However, the Chief Financial
28 Officer Comptroller may entertain a claim for refund under
29 this subsection when the taxpayer demonstrates that his or her
30 failure to pursue remedies under chapter 72 was not due to
31 neglect or for the purpose of delaying payment of lawfully
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1 imposed taxes and can demonstrate reasonable cause for such
2 failure.
3 Section 207. Section 215.29, Florida Statutes, is
4 amended to read:
5 215.29 Classification of Chief Financial Officer's
6 Comptroller's warrants; report.--All disbursements made by the
7 state upon Chief Financial Officer's Comptroller's warrants
8 shall be classified according to officers, offices, bureaus,
9 divisions, boards, commissions, institutions, other agencies
10 and undertakings, or the judicial branch, and shall be further
11 classified according to personal services, contractual
12 services, commodities, current charges, current obligations,
13 capital outlays, debt payments, or investments or such
14 additional classifications as may be prescribed or authorized
15 by law. Such detail classifications shall be printed in the
16 Chief Financial Officer's Comptroller's annual reports.
17 Section 208. Section 215.31, Florida Statutes, is
18 amended to read:
19 215.31 State funds; deposit in State
20 Treasury.--Revenue, including licenses, fees, imposts, or
21 exactions collected or received under the authority of the
22 laws of the state by each and every state official, office,
23 employee, bureau, division, board, commission, institution,
24 agency, or undertaking of the state or the judicial branch
25 shall be promptly deposited in the State Treasury, and
26 immediately credited to the appropriate fund as herein
27 provided, properly accounted for by the Department of
28 Financial Services Banking and Finance as to source and no
29 money shall be paid from the State Treasury except as
30 appropriated and provided by the annual General Appropriations
31 Act, or as otherwise provided by law.
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1 Section 209. Section 215.32, Florida Statutes, is
2 amended to read:
3 215.32 State funds; segregation.--
4 (1) All moneys received by the state shall be
5 deposited in the State Treasury unless specifically provided
6 otherwise by law and shall be deposited in and accounted for
7 by the Chief Financial Officer Treasurer and the Department of
8 Banking and Finance within the following funds, which funds
9 are hereby created and established:
10 (a) General Revenue Fund.
11 (b) Trust funds.
12 (c) Working Capital Fund.
13 (d) Budget Stabilization Fund.
14 (2) The source and use of each of these funds shall be
15 as follows:
16 (a) The General Revenue Fund shall consist of all
17 moneys received by the state from every source whatsoever,
18 except as provided in paragraphs (b) and (c). Such moneys
19 shall be expended pursuant to General Revenue Fund
20 appropriations acts or transferred as provided in paragraph
21 (c). Annually, at least 5 percent of the estimated increase
22 in General Revenue Fund receipts for the upcoming fiscal year
23 over the current year General Revenue Fund effective
24 appropriations shall be appropriated for state-level capital
25 outlay, including infrastructure improvement and general
26 renovation, maintenance, and repairs.
27 (b)1. The trust funds shall consist of moneys received
28 by the state which under law or under trust agreement are
29 segregated for a purpose authorized by law. The state agency
30 or branch of state government receiving or collecting such
31 moneys shall be responsible for their proper expenditure as
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1 provided by law. Upon the request of the state agency or
2 branch of state government responsible for the administration
3 of the trust fund, the Chief Financial Officer Comptroller may
4 establish accounts within the trust fund at a level considered
5 necessary for proper accountability. Once an account is
6 established within a trust fund, the Chief Financial Officer
7 Comptroller may authorize payment from that account only upon
8 determining that there is sufficient cash and releases at the
9 level of the account.
10 2. In order to maintain a minimum number of trust
11 funds in the State Treasury, each state agency or the judicial
12 branch may consolidate, if permitted under the terms and
13 conditions of their receipt, the trust funds administered by
14 it; provided, however, the agency or judicial branch employs
15 effectively a uniform system of accounts sufficient to
16 preserve the integrity of such trust funds; and provided,
17 further, that consolidation of trust funds is approved by the
18 Governor or the Chief Justice.
19 3. All such moneys are hereby appropriated to be
20 expended in accordance with the law or trust agreement under
21 which they were received, subject always to the provisions of
22 chapter 216 relating to the appropriation of funds and to the
23 applicable laws relating to the deposit or expenditure of
24 moneys in the State Treasury.
25 4.a. Notwithstanding any provision of law restricting
26 the use of trust funds to specific purposes, unappropriated
27 cash balances from selected trust funds may be authorized by
28 the Legislature for transfer to the Budget Stabilization Fund
29 and Working Capital Fund in the General Appropriations Act.
30 b. This subparagraph does not apply to trust funds
31 required by federal programs or mandates; trust funds
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1 established for bond covenants, indentures, or resolutions
2 whose revenues are legally pledged by the state or public body
3 to meet debt service or other financial requirements of any
4 debt obligations of the state or any public body; the State
5 Transportation Trust Fund; the trust fund containing the net
6 annual proceeds from the Florida Education Lotteries; the
7 Florida Retirement System Trust Fund; trust funds under the
8 management of the Board of Regents, where such trust funds are
9 for auxiliary enterprises, self-insurance, and contracts,
10 grants, and donations, as those terms are defined by general
11 law; trust funds that serve as clearing funds or accounts for
12 the Chief Financial Officer Comptroller or state agencies;
13 trust funds that account for assets held by the state in a
14 trustee capacity as an agent or fiduciary for individuals,
15 private organizations, or other governmental units; and other
16 trust funds authorized by the State Constitution.
17 (c)1. The Budget Stabilization Fund shall consist of
18 amounts equal to at least 5 percent of net revenue collections
19 for the General Revenue Fund during the last completed fiscal
20 year. The Budget Stabilization Fund's principal balance shall
21 not exceed an amount equal to 10 percent of the last completed
22 fiscal year's net revenue collections for the General Revenue
23 Fund. As used in this paragraph, the term "last completed
24 fiscal year" means the most recently completed fiscal year
25 prior to the regular legislative session at which the
26 Legislature considers the General Appropriations Act for the
27 year in which the transfer to the Budget Stabilization Fund
28 must be made under this paragraph.
29 2. By September 15 of each year, the Governor shall
30 authorize the Chief Financial Officer Comptroller to transfer,
31 and the Chief Financial Officer Comptroller shall transfer
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1 pursuant to appropriations made by law, to the Budget
2 Stabilization Fund the amount of money needed for the balance
3 of that fund to equal the amount specified in subparagraph 1.,
4 less any amounts expended and not restored. The moneys needed
5 for this transfer may be appropriated by the Legislature from
6 any funds.
7 3. Unless otherwise provided in this subparagraph, an
8 expenditure from the Budget Stabilization Fund must be
9 restored pursuant to a restoration schedule that provides for
10 making five equal annual transfers from the General Revenue
11 Fund, beginning in the fiscal year following that in which the
12 expenditure was made. For any Budget Stabilization Fund
13 expenditure, the Legislature may establish by law a different
14 restoration schedule and such change may be made at any time
15 during the restoration period. Moneys are hereby appropriated
16 for transfers pursuant to this subparagraph.
17 4. The Budget Stabilization Fund and the Working
18 Capital Fund may be used as revolving funds for transfers as
19 provided in s. 17.61 s. 18.125; however, any interest earned
20 must be deposited in the General Revenue Fund.
21 5. The Chief Financial Officer Comptroller and the
22 Department of Management Services shall transfer funds to
23 water management districts to pay eligible water management
24 district employees for all benefits due under s. 373.6065, as
25 long as funds remain available for the program described under
26 s. 100.152.
27 (d) The Working Capital Fund shall consist of moneys
28 in the General Revenue Fund which are in excess of the amount
29 needed to meet General Revenue Fund appropriations for the
30 current fiscal year. Each year, no later than the publishing
31 date of the annual financial statements for the state by the
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1 Chief Financial Officer Comptroller under s. 216.102, funds
2 shall be transferred between the Working Capital Fund and the
3 General Revenue Fund to establish the balance of the Working
4 Capital Fund for that fiscal year at the amount determined
5 pursuant to this paragraph.
6 Section 210. Subsections (2) and (3) of section
7 215.3206, Florida Statutes, are amended to read:
8 215.3206 Trust funds; termination or re-creation.--
9 (2) If the trust fund is terminated and not
10 immediately re-created, all cash balances and income of the
11 trust fund shall be deposited into the General Revenue Fund.
12 The agency or Chief Justice shall pay any outstanding debts of
13 the trust fund as soon as practicable, and the Chief Financial
14 Officer Comptroller shall close out and remove the trust fund
15 from the various state accounting systems, using generally
16 accepted accounting practices concerning warrants outstanding,
17 assets, and liabilities. No appropriation or budget amendment
18 shall be construed to authorize any encumbrance of funds from
19 a trust fund after the date on which the trust fund is
20 terminated or is judicially determined to be invalid.
21 (3) On or before September 1 of each year, the Chief
22 Financial Officer Comptroller shall submit to the Executive
23 Office of the Governor, the President of the Senate, and the
24 Speaker of the House of Representatives a list of trust funds
25 that are scheduled to terminate within 12 months after that
26 date and also, beginning September 1, 1996, a list of all
27 trust funds that are exempt from automatic termination
28 pursuant to the provisions of s. 19(f)(3), Art. III of the
29 State Constitution, listing revenues of the trust funds by
30 major revenue category for each of the last 4 fiscal years.
31
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1 Section 211. Paragraph (a) of subsection (2) of
2 section 215.3208, Florida Statutes, is amended to read:
3 215.3208 Trust funds; legislative review.--
4 (2)(a) When the Legislature terminates a trust fund,
5 the agency or branch of state government that administers the
6 trust fund shall pay any outstanding debts or obligations of
7 the trust fund as soon as practicable, and the Chief Financial
8 Officer Comptroller shall close out and remove the trust fund
9 from the various state accounting systems, using generally
10 accepted accounting principles concerning assets, liabilities,
11 and warrants outstanding.
12 Section 212. Subsections (2), (3), and (4) of section
13 215.322, Florida Statutes, are amended to read:
14 215.322 Acceptance of credit cards, charge cards, or
15 debit cards by state agencies, units of local government, and
16 the judicial branch.--
17 (2) A state agency as defined in s. 216.011, or the
18 judicial branch, may accept credit cards, charge cards, or
19 debit cards in payment for goods and services with the prior
20 approval of the Chief Financial Officer Treasurer. When the
21 Internet or other related electronic methods are to be used as
22 the collection medium, the State Technology Office shall
23 review and recommend to the Chief Financial Officer Treasurer
24 whether to approve the request with regard to the process or
25 procedure to be used.
26 (3) The Chief Financial Officer Treasurer shall adopt
27 rules governing the establishment and acceptance of credit
28 cards, charge cards, or debit cards by state agencies or the
29 judicial branch, including, but not limited to, the following:
30 (a) Utilization of a standardized contract between the
31 financial institution or other appropriate intermediaries and
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1 the agency or judicial branch which shall be developed by the
2 Chief Financial Officer Treasurer or approval by the Chief
3 Financial Officer Treasurer of a substitute agreement.
4 (b) Procedures which permit an agency or officer
5 accepting payment by credit card, charge card, or debit card
6 to impose a convenience fee upon the person making the
7 payment. However, the total amount of such convenience fees
8 shall not exceed the total cost to the state agency. A
9 convenience fee is not refundable to the payor.
10 Notwithstanding the foregoing, this section shall not be
11 construed to permit surcharges on any other credit card
12 purchase in violation of s. 501.0117.
13 (c) All service fees payable pursuant to this section
14 when practicable shall be invoiced and paid by state warrant
15 or such other manner that is satisfactory to the Chief
16 Financial Officer Comptroller in accordance with the time
17 periods specified in s. 215.422.
18 (d) Submission of information to the Chief Financial
19 Officer Treasurer concerning the acceptance of credit cards,
20 charge cards, or debit cards by all state agencies or the
21 judicial branch.
22 (e) A methodology for agencies to use when completing
23 the cost-benefit analysis referred to in subsection (1). The
24 methodology must consider all quantifiable cost reductions,
25 other benefits to the agency, and potential impact on general
26 revenue. The methodology must also consider nonquantifiable
27 benefits such as the convenience to individuals and businesses
28 that would benefit from the ability to pay for state goods and
29 services through the use of credit cards, charge cards, and
30 debit cards.
31
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1 (4) The Chief Financial Officer may Treasurer is
2 authorized to establish contracts with one or more financial
3 institutions, credit card companies, or other entities which
4 may lawfully provide such services, in a manner consistent
5 with chapter 287, for processing credit card, charge card, or
6 debit card collections for deposit into the State Treasury or
7 another qualified public depository. Any state agency, or the
8 judicial branch, which accepts payment by credit card, charge
9 card, or debit card shall use at least one of the contractors
10 established by the Chief Financial Officer Treasurer unless
11 the state agency or judicial branch obtains authorization from
12 the Chief Financial Officer Treasurer to use another
13 contractor which is more advantageous to such state agency or
14 the judicial branch. Such contracts may authorize a unit of
15 local government to use the services upon the same terms and
16 conditions for deposit of credit card, charge card, or debit
17 card transactions into its qualified public depositories.
18 Section 213. Subsections (1) and (2) of section
19 215.34, Florida Statutes, are amended to read:
20 215.34 State funds; noncollectible items; procedure.--
21 (1) Any check, draft, or other order for the payment
22 of money in payment of any licenses, fees, taxes, commissions,
23 or charges of any sort authorized to be made under the laws of
24 the state and deposited in the State Treasury as provided
25 herein, which may be returned for any reason by the bank or
26 other payor upon which same shall have been drawn shall be
27 forthwith returned by the Chief Financial Officer State
28 Treasurer for collection to the state officer, the state
29 agency, or the entity of the judicial branch making the
30 deposit. In such case, the Chief Financial Officer may
31 Treasurer is hereby authorized to issue a debit memorandum
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1 charging an account of the agency, officer, or entity of the
2 judicial branch which originally received the payment. The
3 original of the debit memorandum shall state the reason for
4 the return of the check, draft, or other order and shall
5 accompany the item being returned to the officer, agency, or
6 entity of the judicial branch being charged, and a copy of the
7 debit memorandum shall be sent to the Comptroller. The
8 officer, agency, or entity of the judicial branch receiving
9 the charged-back item shall prepare a journal transfer which
10 shall debit the charge against the fund or account to which
11 the same shall have been originally credited. Such procedure
12 for handling noncollectible items shall not be construed as
13 paying funds out of the State Treasury without an
14 appropriation, but shall be considered as an administrative
15 procedure for the efficient handling of state records and
16 accounts.
17 (2) Whenever a check, draft, or other order for the
18 payment of money is returned by the Chief Financial Officer
19 State Treasurer, or by a qualified public depository as
20 defined in s. 280.02, to a state officer, a state agency, or
21 the judicial branch for collection, the officer, agency, or
22 judicial branch shall add to the amount due a service fee of
23 $15 or 5 percent of the face amount of the check, draft, or
24 order, whichever is greater. An agency or the judicial branch
25 may adopt a rule which prescribes a lesser maximum service
26 fee, which shall be added to the amount due for the dishonored
27 check, draft, or other order tendered for a particular
28 service, license, tax, fee, or other charge, but in no event
29 shall the fee be less than $15. The service fee shall be in
30 addition to all other penalties imposed by law, except that
31 when other charges or penalties are imposed by an agency
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1 related to a noncollectible item, the amount of the service
2 fee shall not exceed $150. Proceeds from this fee shall be
3 deposited in the same fund as the collected item. Nothing in
4 this section shall be construed as authorization to deposit
5 moneys outside the State Treasury unless specifically
6 authorized by law.
7 Section 214. Section 215.35, Florida Statutes, is
8 amended to read:
9 215.35 State funds; warrants and their issuance.--All
10 warrants issued by the Chief Financial Officer Comptroller
11 shall be numbered in chronological order commencing with
12 number one in each fiscal year and each warrant shall refer to
13 the Chief Financial Officer's Comptroller's voucher by the
14 number thereof, which voucher shall also be numbered as above
15 set forth. Each warrant shall state the name of the payee
16 thereof and the amount allowed, and said warrant shall be
17 stated in words at length. No warrant shall issue until same
18 has been authorized by an appropriation made by law but such
19 warrant need not state or set forth such authorization. The
20 Chief Financial Officer Comptroller shall register and
21 maintain a record of each warrant in his or her office. The
22 record shall show the funds, accounts, purposes, and
23 departments involved in the issuance of each warrant. In
24 those instances where the expenditure of funds of regulatory
25 boards or commissions has been provided for by laws other than
26 the annual appropriations bill, warrants shall be issued upon
27 requisition to the Chief Financial Officer State Comptroller
28 by the governing body of such board or commission.
29 Section 215. Section 215.405, Florida Statutes, is
30 amended to read:
31
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1 215.405 State agencies and the judicial branch
2 authorized to collect costs of fingerprinting.--Any state
3 agency, or the judicial branch, exercising regulatory
4 authority and authorized to take fingerprints of persons
5 within or seeking to come within such agency's or the judicial
6 branch's regulatory power may collect from the person or
7 entity on whose behalf the fingerprints were submitted the
8 actual costs of processing such fingerprints including, but
9 not limited to, any charges imposed by the Department of Law
10 Enforcement or any agency or branch of the United States
11 Government. This provision shall constitute express authority
12 for state agencies and the judicial branch to collect the
13 actual costs of processing the fingerprints either prior to or
14 subsequent to the actual processing and shall supersede any
15 other law to the contrary. To administer the provisions of
16 this section, a state agency, or the judicial branch, electing
17 to collect the cost of fingerprinting is empowered to
18 promulgate and adopt rules to establish the amounts and the
19 methods of payment needed to collect such costs. Collections
20 made under these provisions shall be deposited with the Chief
21 Financial Officer Treasurer to an appropriate trust fund
22 account to be designated by the Executive Office of the
23 Governor.
24 Section 216. Section 215.42, Florida Statutes, is
25 amended to read:
26 215.42 Purchases from appropriations, proof of
27 delivery.--The Chief Financial Officer State Comptroller may
28 require proof, as he or she deems necessary, of delivery and
29 receipt of purchases before honoring any voucher for payment
30 from appropriations made in the General Appropriations Act or
31 otherwise provided by law.
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1 Section 217. Section 215.422, Florida Statutes, is
2 amended to read:
3 215.422 Warrants, vouchers, and invoices; processing
4 time limits; dispute resolution; agency or judicial branch
5 compliance.--
6 (1) The voucher authorizing payment of an invoice
7 submitted to an agency of the state or the judicial branch,
8 required by law to be filed with the Chief Financial Officer
9 Comptroller, shall be filed with the Chief Financial Officer
10 Comptroller not later than 20 days after receipt of the
11 invoice and receipt, inspection, and approval of the goods or
12 services, except that in the case of a bona fide dispute the
13 voucher shall contain a statement of the dispute and authorize
14 payment only in the amount not disputed. The Chief Financial
15 Officer Comptroller may establish dollar thresholds and other
16 criteria for all invoices and may delegate to a state agency
17 or the judicial branch responsibility for maintaining the
18 official vouchers and documents for invoices which do not
19 exceed the thresholds or which meet the established criteria.
20 Such records shall be maintained in accordance with the
21 requirements established by the Secretary of State. The
22 electronic payment request transmission to the Chief Financial
23 Officer Comptroller shall constitute filing of a voucher for
24 payment of invoices for which the Chief Financial Officer
25 Comptroller has delegated to an agency custody of official
26 records. Approval and inspection of goods or services shall
27 take no longer than 5 working days unless the bid
28 specifications, purchase order, or contract specifies
29 otherwise. If a voucher filed within the 20-day period is
30 returned by the Department of Financial Services Banking and
31 Finance because of an error, it shall nevertheless be deemed
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1 timely filed. The 20-day filing requirement may be waived in
2 whole or in part by the Department of Financial Services
3 Banking and Finance on a showing of exceptional circumstances
4 in accordance with rules and regulations of the department.
5 For the purposes of determining the receipt of invoice date,
6 the agency or the judicial branch is deemed to receive an
7 invoice on the date on which a proper invoice is first
8 received at the place designated by the agency or the judicial
9 branch. The agency or the judicial branch is deemed to
10 receive an invoice on the date of the invoice if the agency or
11 the judicial branch has failed to annotate the invoice with
12 the date of receipt at the time the agency or the judicial
13 branch actually received the invoice or failed at the time the
14 order is placed or contract made to designate a specific
15 location to which the invoice must be delivered.
16 (2) The warrant in payment of an invoice submitted to
17 an agency of the state or the judicial branch shall be issued
18 not later than 10 days after filing of the voucher authorizing
19 payment. However, this requirement may be waived in whole or
20 in part by the Department of Financial Services Banking and
21 Finance on a showing of exceptional circumstances in
22 accordance with rules and regulations of the department. If
23 the 10-day period contains fewer than 6 working days, the
24 Department of Financial Services Banking and Finance shall be
25 deemed in compliance with this subsection if the warrant is
26 issued within 6 working days without regard to the actual
27 number of calendar days. For purposes of this section, a
28 payment is deemed to be issued on the first working day that
29 payment is available for delivery or mailing to the vendor.
30 (3)(a) Each agency of the state or the judicial branch
31 which is required by law to file vouchers with the Chief
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1 Financial Officer Comptroller shall keep a record of the date
2 of receipt of the invoice; dates of receipt, inspection, and
3 approval of the goods or services; date of filing of the
4 voucher; and date of issuance of the warrant in payment
5 thereof. If the voucher is not filed or the warrant is not
6 issued within the time required, an explanation in writing by
7 the agency head or the Chief Justice shall be submitted to the
8 Department of Financial Services Banking and Finance in a
9 manner prescribed by it. Agencies and the judicial branch
10 shall continue to deliver or mail state payments promptly.
11 (b) If a warrant in payment of an invoice is not
12 issued within 40 days after receipt of the invoice and
13 receipt, inspection, and approval of the goods and services,
14 the agency or judicial branch shall pay to the vendor, in
15 addition to the amount of the invoice, interest at a rate as
16 established pursuant to s. 55.03(1) on the unpaid balance from
17 the expiration of such 40-day period until such time as the
18 warrant is issued to the vendor. Such interest shall be added
19 to the invoice at the time of submission to the Chief
20 Financial Officer Comptroller for payment whenever possible.
21 If addition of the interest penalty is not possible, the
22 agency or judicial branch shall pay the interest penalty
23 payment within 15 days after issuing the warrant. The
24 provisions of this paragraph apply only to undisputed amounts
25 for which payment has been authorized. Disputes shall be
26 resolved in accordance with rules developed and adopted by the
27 Chief Justice for the judicial branch, and rules adopted by
28 the Department of Financial Services Banking and Finance or in
29 a formal administrative proceeding before an administrative
30 law judge of the Division of Administrative Hearings for state
31 agencies, provided that, for the purposes of ss. 120.569 and
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1 120.57(1), no party to a dispute involving less than $1,000 in
2 interest penalties shall be deemed to be substantially
3 affected by the dispute or to have a substantial interest in
4 the decision resolving the dispute. In the case of an error on
5 the part of the vendor, the 40-day period shall begin to run
6 upon receipt by the agency or the judicial branch of a
7 corrected invoice or other remedy of the error. The provisions
8 of this paragraph do not apply when the filing requirement
9 under subsection (1) or subsection (2) has been waived in
10 whole by the Department of Financial Services Banking and
11 Finance. The various state agencies and the judicial branch
12 shall be responsible for initiating the penalty payments
13 required by this subsection and shall use this subsection as
14 authority to make such payments. The budget request submitted
15 to the Legislature shall specifically disclose the amount of
16 any interest paid by any agency or the judicial branch
17 pursuant to this subsection. The temporary unavailability of
18 funds to make a timely payment due for goods or services does
19 not relieve an agency or the judicial branch from the
20 obligation to pay interest penalties under this section.
21 (c) An agency or the judicial branch may make partial
22 payments to a contractor upon partial delivery of goods or
23 services or upon partial completion of construction when a
24 request for such partial payment is made by the contractor and
25 approved by the agency. Provisions of this section and rules
26 of the Department of Financial Services Banking and Finance
27 shall apply to partial payments in the same manner as they
28 apply to full payments.
29 (4) If the terms of the invoice provide a discount for
30 payment in less than 30 days, agencies of the state and the
31 judicial branch shall preferentially process it and use all
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1 diligence to obtain the saving by compliance with the invoice
2 terms.
3 (5) All purchasing agreements between a state agency
4 or the judicial branch and a vendor, applicable to this
5 section, shall include a statement of the vendor's rights and
6 the state's responsibilities under this section. The vendor's
7 rights shall include being provided with the telephone number
8 of the vendor ombudsman within the Department of Financial
9 Services Banking and Finance, which information shall also be
10 placed on all agency or judicial branch purchase orders.
11 (6) The Department of Financial Services Banking and
12 Finance shall monitor each agency's and the judicial branch's
13 compliance with the time limits and interest penalty
14 provisions of this section. The department shall provide a
15 report to an agency or to the judicial branch if the
16 department determines that the agency or the judicial branch
17 has failed to maintain an acceptable rate of compliance with
18 the time limits and interest penalty provisions of this
19 section. The department shall establish criteria for
20 determining acceptable rates of compliance. The report shall
21 also include a list of late vouchers or payments, the amount
22 of interest owed or paid, and any corrective actions
23 recommended. The department shall perform monitoring
24 responsibilities, pursuant to this section, using the
25 Management Services and Purchasing Subsystem or the Florida
26 Accounting Information Resource Subsystem provided in s.
27 215.94. Each agency and the judicial branch shall be
28 responsible for the accuracy of information entered into the
29 Management Services and Purchasing Subsystem and the Florida
30 Accounting Information Resource Subsystem for use in this
31 monitoring.
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1 (7) There is created a vendor ombudsman within the
2 Department of Financial Services Banking and Finance who shall
3 be responsible for the following functions:
4 (a) Performing the duties of the department pursuant
5 to subsection (6).
6 (b) Reviewing requests for waivers due to exceptional
7 circumstances.
8 (c) Disseminating information relative to the prompt
9 payment policies of this state and assisting vendors in
10 receiving their payments in a timely manner.
11 (d) Performing such other duties as determined by the
12 department.
13 (8) The Department of Financial Services Banking and
14 Finance is authorized and directed to adopt and promulgate
15 rules and regulations to implement this section and for
16 resolution of disputes involving amounts of less than $1,000
17 in interest penalties for state agencies. No agency or the
18 judicial branch shall adopt any rule or policy that is
19 inconsistent with this section or the Department of Financial
20 Services' Banking and Finance's rules or policies.
21 (9) Each agency and the judicial branch shall include
22 in the official position description of every officer or
23 employee who is responsible for the approval or processing of
24 vendors' invoices or distribution of warrants to vendors that
25 the requirements of this section are mandatory.
26 (10) Persistent failure to comply with this section by
27 any agency of the state or the judicial branch shall
28 constitute good cause for discharge of employees duly found
29 responsible, or predominantly responsible, for failure to
30 comply.
31
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1 (11) Travel and other reimbursements to state officers
2 and employees must be the same as payments to vendors under
3 this section, except payment of Class C travel subsistence.
4 Class C travel subsistence shall be paid in accordance with
5 the schedule established by the Chief Financial Officer
6 Comptroller pursuant to s. 112.061(5)(b). This section does
7 not apply to payments made to state agencies, the judicial
8 branch, or the legislative branch.
9 (12) In the event that a state agency or the judicial
10 branch contracts with a third party, uses a revolving fund, or
11 pays from a local bank account to process and pay invoices for
12 goods or services, all requirements for financial obligations
13 and time processing set forth in this section shall be
14 applicable and the state agency or the judicial branch shall
15 be responsible for paying vendors the interest assessed for
16 untimely payment. The state agency or the judicial branch may,
17 through its contract with a third party, require the third
18 party to pay interest from the third party's funds.
19 (13) Notwithstanding the provisions of subsections (3)
20 and (12), in order to alleviate any hardship that may be
21 caused to a health care provider as a result of delay in
22 receiving reimbursement for services, any payment or payments
23 for hospital, medical, or other health care services which are
24 to be reimbursed by a state agency or the judicial branch,
25 either directly or indirectly, shall be made to the health
26 care provider not more than 35 days from the date eligibility
27 for payment of such claim is determined. If payment is not
28 issued to a health care provider within 35 days after the date
29 eligibility for payment of the claim is determined, the state
30 agency or the judicial branch shall pay the health care
31 provider interest at a rate of 1 percent per month calculated
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1 on a calendar day basis on the unpaid balance from the
2 expiration of such 35-day period until such time as payment is
3 made to the health care provider, unless a waiver in whole has
4 been granted by the Department of Financial Services Banking
5 and Finance pursuant to subsection (1) or subsection (2).
6 (14) The Chief Financial Officer Comptroller may adopt
7 rules to authorize advance payments for goods and services,
8 including, but not limited to, maintenance agreements and
9 subscriptions. Such rules shall provide objective criteria
10 for determining when it is in the best interest of the state
11 to make payments in advance and shall also provide for
12 adequate protection to ensure that such goods or services will
13 be provided.
14 (15) Nothing contained in this section shall be
15 construed to be an appropriation. Any interest which becomes
16 due and owing pursuant to this section shall only be payable
17 from the appropriation charged for such goods or services.
18 (16) Notwithstanding the provisions of s. 24.120(3),
19 applicable to warrants issued for payment of invoices
20 submitted by the Department of the Lottery, the Chief
21 Financial Officer Comptroller may, by written agreement with
22 the Department of the Lottery, establish a shorter time
23 requirement than the 10 days provided in subsection (2) for
24 warrants issued for payment. Pursuant to such written
25 agreement, the Department of the Lottery shall reimburse the
26 Chief Financial Officer Comptroller for costs associated with
27 processing invoices under the agreement.
28 Section 218. Section 215.50, Florida Statutes, is
29 amended to read:
30 215.50 Custody of securities purchased; income.--
31
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1 (1) All securities purchased or held may, with the
2 approval of the board, be in the custody of the Chief
3 Financial Officer Treasurer or the Chief Financial Officer
4 Treasurer as treasurer ex officio of the board, or be
5 deposited with a bank or trust company to be held in
6 safekeeping by such bank or trust company for the collection
7 of principal and interest or of the proceeds of the sale
8 thereof.
9 (2) It shall be the duty of the board or of the Chief
10 Financial Officer Treasurer, as custodian of the securities of
11 the board, to collect the interest or other income on, and the
12 principal of, such securities in their custody as the sums
13 become due and payable and to pay the same, when so collected,
14 into the investment account of the fund to which the
15 investments belong.
16 (3) The Chief Financial Officer Treasurer, as
17 custodian of securities owned by the Florida Retirement System
18 Trust Fund and the Florida Survivor Benefit Trust Fund, shall
19 collect the interest, dividends, prepayments, maturities,
20 proceeds from sales, and other income accruing from such
21 assets. As such income is collected by the Chief Financial
22 Officer Treasurer, it shall be deposited directly into a
23 commercial bank to the credit of the State Board of
24 Administration. Such bank accounts as may be required for
25 this purpose shall offer satisfactory collateral security as
26 provided by chapter 280. In the event funds so deposited
27 according to the provisions of this section are required for
28 the purpose of paying benefits or other operational needs, the
29 State Board of Administration shall remit to the Florida
30 Retirement System Trust Fund in the State Treasury such
31
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1 amounts as may be requested by the Department of Management
2 Services.
3 (4) Securities that the board selects to use for
4 options operations under s. 215.45 or for lending under s.
5 215.47(16) shall be registered by the Chief Financial Officer
6 Treasurer in the name of a third-party nominee in order to
7 facilitate such operations.
8 Section 219. Section 215.551, Florida Statutes, is
9 amended to read:
10 215.551 Federal Use of State Lands Trust Fund; county
11 distribution.--
12 (1) The Chief Financial Officer Comptroller may make
13 distribution of the Federal Use of State Lands Trust Fund,
14 when so requested by the counties in interest, of such amounts
15 as may be accumulated in that fund.
16 (2) The Chief Financial Officer Comptroller shall
17 ascertain, from the records of the General Land Office or
18 other departments in Washington, D.C., the number of acres of
19 land situated in the several counties in which the
20 Apalachicola, Choctawhatchee, Ocala, and Osceola Forest
21 Reserves are located, the number of acres of land of such
22 forest reserve embraced in each of the counties in each of the
23 reserves, and, also, the amount of money received by the
24 United States Government from each of the reserves,
25 respectively. The Chief Financial Officer Comptroller shall
26 apportion the money on hand to each county in each reserve,
27 respectively and separately; such distribution shall be based
28 upon the number of acres of land embraced in the Apalachicola
29 Forest, Choctawhatchee Forest, Ocala Forest, and Osceola
30 Forest, respectively, in each county and shall be further
31 based upon the amount collected by the United States from each
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1 of such forests, so that such distribution, when made, will
2 include for each county the amount due each county, based upon
3 the receipts for the particular forest and the acreage in the
4 particular county in which such forest is located. The Chief
5 Financial Officer Comptroller shall issue two warrants on the
6 Treasurer in each case, the sum of which shall be the amount
7 due each of such counties from the fund. One warrant shall be
8 payable to the county for the county general road fund, and
9 one warrant, of equal amount, shall be payable to such
10 county's district school board for the district school fund.
11 (3) In the event that actual figures of receipts from
12 different reserves cannot be obtained by counties, so as to
13 fully comply with subsections (1) and (2), the Chief Financial
14 Officer Comptroller may adjust the matter according to the
15 United States statutes, or as may appear to him or her to be
16 just and fair, and with the approval of all counties in
17 interest.
18 (4) The moneys that may be received and credited to
19 the Federal Use of State Lands Trust Fund are appropriated for
20 the payment of the warrants of the Chief Financial Officer
21 Comptroller drawn on the Treasurer in pursuance of this
22 section.
23 Section 220. Section 215.552, Florida Statutes, is
24 amended to read:
25 215.552 Federal Use of State Lands Trust Fund; land
26 within military installations; county distribution.--The Chief
27 Financial Officer Comptroller shall distribute moneys from the
28 Federal Use of State Lands Trust Fund when so requested by the
29 counties so affected. The Chief Financial Officer Comptroller
30 shall apportion the money on hand equal to the percentage of
31 land in each county within each military installation, and the
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1 amount so apportioned to each county shall be applied by such
2 counties equally divided between the district school fund and
3 the general road fund of such counties.
4 Section 221. Paragraph (c) of subsection (2),
5 paragraph (d) of subsection (4), and paragraphs (a), (b), and
6 (c) of subsection (6) of section 215.555, Florida Statutes,
7 are amended to read:
8 215.555 Florida Hurricane Catastrophe Fund.--
9 (2) DEFINITIONS.--As used in this section:
10 (c) "Covered policy" means any insurance policy
11 covering residential property in this state, including, but
12 not limited to, any homeowner's, mobile home owner's, farm
13 owner's, condominium association, condominium unit owner's,
14 tenant's, or apartment building policy, or any other policy
15 covering a residential structure or its contents issued by any
16 authorized insurer, including the Citizens Property Insurance
17 Corporation and any joint underwriting association or similar
18 entity created pursuant to law. The term "covered policy"
19 includes any collateral protection insurance policy covering
20 personal residences which protects both the borrower's and the
21 lender's financial interests, in an amount at least equal to
22 the coverage for the dwelling in place under the lapsed
23 homeowner's policy, if such policy can be accurately reported
24 as required in subsection (5). Additionally, covered policies
25 include policies covering the peril of wind removed from the
26 Florida Residential Property and Casualty Joint Underwriting
27 Association or from the Citizens Property Insurance
28 Corporation, created pursuant to s. 627.351(6), or from the
29 Florida Windstorm Underwriting Association, created pursuant
30 to s. 627.351(2), by an authorized insurer under the terms and
31 conditions of an executed assumption agreement between the
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1 authorized insurer and either such association. Each
2 assumption agreement between the either association and such
3 authorized insurer must be approved by the Florida Department
4 of Insurance or the Office of Insurance Regulation prior to
5 the effective date of the assumption, and the Department of
6 Insurance or the Office of Insurance Regulation must provide
7 written notification to the board within 15 working days after
8 such approval. "Covered policy" does not include any policy
9 that excludes wind coverage or hurricane coverage or any
10 reinsurance agreement and does not include any policy
11 otherwise meeting this definition which is issued by a surplus
12 lines insurer or a reinsurer.
13 (4) REIMBURSEMENT CONTRACTS.--
14 (d)1. For purposes of determining potential liability
15 and to aid in the sound administration of the fund, the
16 contract shall require each insurer to report such insurer's
17 losses from each covered event on an interim basis, as
18 directed by the board. The contract shall require the insurer
19 to report to the board no later than December 31 of each year,
20 and quarterly thereafter, its reimbursable losses from covered
21 events for the year. The contract shall require the board to
22 determine and pay, as soon as practicable after receiving
23 these reports of reimbursable losses, the initial amount of
24 reimbursement due and adjustments to this amount based on
25 later loss information. The adjustments to reimbursement
26 amounts shall require the board to pay, or the insurer to
27 return, amounts reflecting the most recent calculation of
28 losses.
29 2. In determining reimbursements pursuant to this
30 subsection, the contract shall provide that the board shall:
31
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1 a. First reimburse insurers writing covered policies,
2 which insurers are in full compliance with this section and
3 have petitioned the Office of Insurance Regulation Department
4 of Insurance and qualified as limited apportionment companies
5 under s. 627.351(2)(b)3. The amount of such reimbursement
6 shall be the lesser of $10 million or an amount equal to 10
7 times the insurer's reimbursement premium for the current
8 year. The amount of reimbursement paid under this
9 sub-subparagraph may not exceed the full amount of
10 reimbursement promised in the reimbursement contract. This
11 sub-subparagraph does not apply with respect to any contract
12 year in which the year-end projected cash balance of the fund,
13 exclusive of any bonding capacity of the fund, exceeds $2
14 billion. Only one member of any insurer group may receive
15 reimbursement under this sub-subparagraph.
16 b. Next pay to each insurer such insurer's projected
17 payout, which is the amount of reimbursement it is owed, up to
18 an amount equal to the insurer's share of the actual premium
19 paid for that contract year, multiplied by the actual
20 claims-paying capacity available for that contract year;
21 provided, entities created pursuant to s. 627.351 shall be
22 further reimbursed in accordance with sub-subparagraph c.
23 c. Thereafter, establish, based on reimbursable
24 losses, the prorated reimbursement level at the highest level
25 for which any remaining fund balance or bond proceeds are
26 sufficient to reimburse entities created pursuant to s.
27 627.351 for losses exceeding the amounts payable pursuant to
28 sub-subparagraph b. for the current contract year.
29 (6) REVENUE BONDS.--
30 (a) General provisions.--
31
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1 1. Upon the occurrence of a hurricane and a
2 determination that the moneys in the fund are or will be
3 insufficient to pay reimbursement at the levels promised in
4 the reimbursement contracts, the board may take the necessary
5 steps under paragraph (b) or paragraph (c) for the issuance of
6 revenue bonds for the benefit of the fund. The proceeds of
7 such revenue bonds may be used to make reimbursement payments
8 under reimbursement contracts; to refinance or replace
9 previously existing borrowings or financial arrangements; to
10 pay interest on bonds; to fund reserves for the bonds; to pay
11 expenses incident to the issuance or sale of any bond issued
12 under this section, including costs of validating, printing,
13 and delivering the bonds, costs of printing the official
14 statement, costs of publishing notices of sale of the bonds,
15 and related administrative expenses; or for such other
16 purposes related to the financial obligations of the fund as
17 the board may determine. The term of the bonds may not exceed
18 30 years. The board may pledge or authorize the corporation to
19 pledge all or a portion of all revenues under subsection (5)
20 and under subparagraph 3. to secure such revenue bonds and the
21 board may execute such agreements between the board and the
22 issuer of any revenue bonds and providers of other financing
23 arrangements under paragraph (7)(b) as the board deems
24 necessary to evidence, secure, preserve, and protect such
25 pledge. If reimbursement premiums received under subsection
26 (5) or earnings on such premiums are used to pay debt service
27 on revenue bonds, such premiums and earnings shall be used
28 only after the use of the moneys derived from assessments
29 under subparagraph 3. The funds, credit, property, or taxing
30 power of the state or political subdivisions of the state
31 shall not be pledged for the payment of such bonds. The board
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1 may also enter into agreements under paragraph (b) or
2 paragraph (c) for the purpose of issuing revenue bonds in the
3 absence of a hurricane upon a determination that such action
4 would maximize the ability of the fund to meet future
5 obligations.
6 2. The Legislature finds and declares that the
7 issuance of bonds under this subsection is for the public
8 purpose of paying the proceeds of the bonds to insurers,
9 thereby enabling insurers to pay the claims of policyholders
10 to assure that policyholders are able to pay the cost of
11 construction, reconstruction, repair, restoration, and other
12 costs associated with damage to property of policyholders of
13 covered policies after the occurrence of a hurricane. Revenue
14 bonds may not be issued under this subsection until validated
15 under chapter 75. The validation of at least the first
16 obligations incurred pursuant to this subsection shall be
17 appealed to the Supreme Court, to be handled on an expedited
18 basis.
19 3. If the board determines that the amount of revenue
20 produced under subsection (5) is insufficient to fund the
21 obligations, costs, and expenses of the fund and the
22 corporation, including repayment of revenue bonds, the board
23 shall direct the Office of Insurance Regulation Department of
24 Insurance to levy an emergency assessment on each insurer
25 writing property and casualty business in this state. Pursuant
26 to the emergency assessment, each such insurer shall pay to
27 the corporation by July 1 of each year an amount set by the
28 board not exceeding 2 percent of its gross direct written
29 premium for the prior year from all property and casualty
30 business in this state except for workers' compensation,
31 except that, if the Governor has declared a state of emergency
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1 under s. 252.36 due to the occurrence of a covered event, the
2 amount of the assessment for the contract year may be
3 increased to an amount not exceeding 4 percent of such
4 premium. Any assessment authority not used for the contract
5 year may be used for a subsequent contract year. If, for a
6 subsequent contract year, the board determines that the amount
7 of revenue produced under subsection (5) is insufficient to
8 fund the obligations, costs, and expenses of the fund and the
9 corporation, including repayment of revenue bonds for that
10 contract year, the board shall direct the Office of Insurance
11 Regulation Department of Insurance to levy an emergency
12 assessment up to an amount not exceeding the amount of unused
13 assessment authority from a previous contract year or years,
14 plus an additional 2 percent if the Governor has declared a
15 state of emergency under s. 252.36 due to the occurrence of a
16 covered event. Any assessment authority not used for the
17 contract year may be used for a subsequent contract year. As
18 used in this subsection, the term "property and casualty
19 business" includes all lines of business identified on Form 2,
20 Exhibit of Premiums and Losses, in the annual statement
21 required by s. 624.424 and any rules adopted under such
22 section, except for those lines identified as accident and
23 health insurance. The annual assessments under this
24 subparagraph shall continue as long as the revenue bonds
25 issued with respect to which the assessment was imposed are
26 outstanding, unless adequate provision has been made for the
27 payment of such bonds pursuant to the documents authorizing
28 issuance of the bonds. An insurer shall not at any time be
29 subject to aggregate annual assessments under this
30 subparagraph of more than 2 percent of premium, except that in
31 the case of a declared emergency, an insurer shall not at any
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1 time be subject to aggregate annual assessments under this
2 subparagraph of more than 6 percent of premium; provided, no
3 more than 4 percent may be assessed for any one contract year.
4 Any rate filing or portion of a rate filing reflecting a rate
5 change attributable entirely to the assessment levied under
6 this subparagraph shall be deemed approved when made, subject
7 to the authority of the Office of Insurance Regulation
8 Department of Insurance to require actuarial justification as
9 to the adequacy of any rate at any time. If the rate filing
10 reflects only a rate change attributable to the assessment
11 under this paragraph, the filing may consist of a
12 certification so stating. The assessments otherwise payable to
13 the corporation pursuant to this subparagraph shall be paid
14 instead to the fund unless and until the Office of Insurance
15 Regulation Department of Insurance has received from the
16 corporation and the fund a notice, which shall be conclusive
17 and upon which the Office of Insurance Regulation Department
18 of Insurance may rely without further inquiry, that the
19 corporation has issued bonds and the fund has no agreements in
20 effect with local governments pursuant to paragraph (b). On
21 or after the date of such notice and until such date as the
22 corporation has no bonds outstanding, the fund shall have no
23 right, title, or interest in or to the assessments, except as
24 provided in the fund's agreements with the corporation.
25 (b) Revenue bond issuance through counties or
26 municipalities.--
27 1. If the board elects to enter into agreements with
28 local governments for the issuance of revenue bonds for the
29 benefit of the fund, the board shall enter into such contracts
30 with one or more local governments, including agreements
31 providing for the pledge of revenues, as are necessary to
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1 effect such issuance. The governing body of a county or
2 municipality is authorized to issue bonds as defined in s.
3 125.013 or s. 166.101 from time to time to fund an assistance
4 program, in conjunction with the Florida Hurricane Catastrophe
5 Fund, for the purposes set forth in this section or for the
6 purpose of paying the costs of construction, reconstruction,
7 repair, restoration, and other costs associated with damage to
8 properties of policyholders of covered policies due to the
9 occurrence of a hurricane by assuring that policyholders
10 located in this state are able to recover claims under
11 property insurance policies after a covered event.
12 2. In order to avoid needless and indiscriminate
13 proliferation, duplication, and fragmentation of such
14 assistance programs, any local government may provide for the
15 payment of fund reimbursements, regardless of whether or not
16 the losses for which reimbursement is made occurred within or
17 outside of the territorial jurisdiction of the local
18 government.
19 3. The state hereby covenants with holders of bonds
20 issued under this paragraph that the state will not repeal or
21 abrogate the power of the board to direct the Office of
22 Insurance Regulation Department of Insurance to levy the
23 assessments and to collect the proceeds of the revenues
24 pledged to the payment of such bonds as long as any such bonds
25 remain outstanding unless adequate provision has been made for
26 the payment of such bonds pursuant to the documents
27 authorizing the issuance of such bonds.
28 4. There shall be no liability on the part of, and no
29 cause of action shall arise against any members or employees
30 of the governing body of a local government for any actions
31
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1 taken by them in the performance of their duties under this
2 paragraph.
3 (c) Florida Hurricane Catastrophe Fund Finance
4 Corporation.--
5 1. In addition to the findings and declarations in
6 subsection (1), the Legislature also finds and declares that:
7 a. The public benefits corporation created under this
8 paragraph will provide a mechanism necessary for the
9 cost-effective and efficient issuance of bonds. This mechanism
10 will eliminate unnecessary costs in the bond issuance process,
11 thereby increasing the amounts available to pay reimbursement
12 for losses to property sustained as a result of hurricane
13 damage.
14 b. The purpose of such bonds is to fund reimbursements
15 through the Florida Hurricane Catastrophe Fund to pay for the
16 costs of construction, reconstruction, repair, restoration,
17 and other costs associated with damage to properties of
18 policyholders of covered policies due to the occurrence of a
19 hurricane.
20 c. The efficacy of the financing mechanism will be
21 enhanced by the corporation's ownership of the assessments, by
22 the insulation of the assessments from possible bankruptcy
23 proceedings, and by covenants of the state with the
24 corporation's bondholders.
25 2.a. There is created a public benefits corporation,
26 which is an instrumentality of the state, to be known as the
27 Florida Hurricane Catastrophe Fund Finance Corporation.
28 b. The corporation shall operate under a five-member
29 board of directors consisting of the Governor or a designee,
30 the Chief Financial Officer Comptroller or a designee, the
31 Attorney General Treasurer or a designee, the director of the
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1 Division of Bond Finance of the State Board of Administration,
2 and the senior employee of the State Board of Administration
3 responsible for operations chief operating officer of the
4 Florida Hurricane Catastrophe Fund.
5 c. The corporation has all of the powers of
6 corporations under chapter 607 and under chapter 617, subject
7 only to the provisions of this subsection.
8 d. The corporation may issue bonds and engage in such
9 other financial transactions as are necessary to provide
10 sufficient funds to achieve the purposes of this section.
11 e. The corporation may invest in any of the
12 investments authorized under s. 215.47.
13 f. There shall be no liability on the part of, and no
14 cause of action shall arise against, any board members or
15 employees of the corporation for any actions taken by them in
16 the performance of their duties under this paragraph.
17 3.a. In actions under chapter 75 to validate any bonds
18 issued by the corporation, the notice required by s. 75.06
19 shall be published only in Leon County and in two newspapers
20 of general circulation in the state, and the complaint and
21 order of the court shall be served only on the State Attorney
22 of the Second Judicial Circuit.
23 b. The state hereby covenants with holders of bonds of
24 the corporation that the state will not repeal or abrogate the
25 power of the board to direct the Office of Insurance
26 Regulation Department of Insurance to levy the assessments and
27 to collect the proceeds of the revenues pledged to the payment
28 of such bonds as long as any such bonds remain outstanding
29 unless adequate provision has been made for the payment of
30 such bonds pursuant to the documents authorizing the issuance
31 of such bonds.
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1 4. The bonds of the corporation are not a debt of the
2 state or of any political subdivision, and neither the state
3 nor any political subdivision is liable on such bonds. The
4 corporation does not have the power to pledge the credit, the
5 revenues, or the taxing power of the state or of any political
6 subdivision. The credit, revenues, or taxing power of the
7 state or of any political subdivision shall not be deemed to
8 be pledged to the payment of any bonds of the corporation.
9 5.a. The property, revenues, and other assets of the
10 corporation; the transactions and operations of the
11 corporation and the income from such transactions and
12 operations; and all bonds issued under this paragraph and
13 interest on such bonds are exempt from taxation by the state
14 and any political subdivision, including the intangibles tax
15 under chapter 199 and the income tax under chapter 220. This
16 exemption does not apply to any tax imposed by chapter 220 on
17 interest, income, or profits on debt obligations owned by
18 corporations other than the Florida Hurricane Catastrophe Fund
19 Finance Corporation.
20 b. All bonds of the corporation shall be and
21 constitute legal investments without limitation for all public
22 bodies of this state; for all banks, trust companies, savings
23 banks, savings associations, savings and loan associations,
24 and investment companies; for all administrators, executors,
25 trustees, and other fiduciaries; for all insurance companies
26 and associations and other persons carrying on an insurance
27 business; and for all other persons who are now or may
28 hereafter be authorized to invest in bonds or other
29 obligations of the state and shall be and constitute eligible
30 securities to be deposited as collateral for the security of
31 any state, county, municipal, or other public funds. This
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1 sub-subparagraph shall be considered as additional and
2 supplemental authority and shall not be limited without
3 specific reference to this sub-subparagraph.
4 6. The corporation and its corporate existence shall
5 continue until terminated by law; however, no such law shall
6 take effect as long as the corporation has bonds outstanding
7 unless adequate provision has been made for the payment of
8 such bonds pursuant to the documents authorizing the issuance
9 of such bonds. Upon termination of the existence of the
10 corporation, all of its rights and properties in excess of its
11 obligations shall pass to and be vested in the state.
12 Section 222. Subsection (5) of section 215.559,
13 Florida Statutes, is amended to read:
14 215.559 Hurricane Loss Mitigation Program.--
15 (5) Except for the program set forth in subsection
16 (3), the Department of Community Affairs shall develop the
17 programs set forth in this section in consultation with an
18 advisory council consisting of a representative designated by
19 the Chief Financial Officer Department of Insurance, a
20 representative designated by the Florida Home Builders
21 Association, a representative designated by the Florida
22 Insurance Council, a representative designated by the
23 Federation of Manufactured Home Owners, a representative
24 designated by the Florida Association of Counties, and a
25 representative designated by the Florida Manufactured Housing
26 Association.
27 Section 223. Paragraph (c) of subsection (1),
28 paragraph (b) of subsection (2), and paragraph (a) of
29 subsection (3) of section 215.56005, Florida Statutes, are
30 amended to read:
31 215.56005 Tobacco Settlement Financing Corporation.--
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1 (1) DEFINITIONS.--As used in this section:
2 (c) "Department" means the Department of Financial
3 Services Banking and Finance or its successor.
4 (2) CORPORATION CREATION AND AUTHORITY.--
5 (b) The corporation shall be governed by a board of
6 directors consisting of the Governor, the Chief Financial
7 Officer or the Chief Financial Officer's designee Treasurer,
8 the Comptroller, the Attorney General, two directors appointed
9 from the membership of the Senate by the President of the
10 Senate, and two directors appointed from the membership of the
11 House of Representatives by the Speaker of the House of
12 Representatives. On January 7, 2003, the board shall include
13 the Chief Financial Officer or the Chief Financial Officer's
14 designee, in place of the Treasurer and the Comptroller or
15 their designees. The executive director of the State Board of
16 Administration shall be the chief executive officer of the
17 corporation and shall direct and supervise the administrative
18 affairs and operation of the corporation. The corporation
19 shall also have such other officers as may be determined by
20 the board of directors.
21 (3) POWERS OF THE DEPARTMENT.--
22 (a) The department is authorized, on behalf of the
23 state, to do all things necessary or desirable to assist the
24 corporation in the execution of the corporation's
25 responsibilities, including, but not limited to, processing
26 budget amendments against the Department of Financial Services
27 Banking and Finance Tobacco Settlement Clearing Trust Fund,
28 subject to the requirements of s. 216.177, for the costs and
29 expenses of administration of the corporation in an amount not
30 to exceed $500,000; entering into one or more purchase
31 agreements to sell to the corporation any or all of the
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1 state's right, title, and interest in and to the tobacco
2 settlement agreement; executing any administrative agreements
3 with the corporation to fund the administration, operation,
4 and expenses of the corporation from moneys appropriated for
5 such purpose; and executing and delivering any and all other
6 documents and agreements necessary or desirable in connection
7 with the sale of any or all of the state's right, title, and
8 interest in and to the tobacco settlement agreement to the
9 corporation or the issuance of the bonds by the corporation.
10 The department's authority to sell any or all of the state's
11 right, title, and interest in and to the tobacco settlement
12 agreement is subject to approval by the Legislature in a
13 regular, extended, or special session.
14 Section 224. Subsection (3) and paragraph (a) of
15 subsection (5) of section 215.5601, Florida Statutes, are
16 amended to read:
17 215.5601 Lawton Chiles Endowment Fund.--
18 (3) LAWTON CHILES ENDOWMENT FUND; CREATION;
19 PRINCIPAL.--
20 (a) There is created the Lawton Chiles Endowment Fund,
21 to be administered by the State Board of Administration. The
22 endowment shall serve as a clearing trust fund, not subject to
23 termination under s. 19(f), Art. III of the State
24 Constitution. The endowment fund shall be exempt from the
25 service charges imposed by s. 215.20.
26 (b) The endowment shall receive moneys from the sale
27 of the state's right, title, and interest in and to the
28 tobacco settlement agreement as defined in s. 215.56005,
29 including the right to receive payments under such agreement,
30 and from accounts transferred from the Department of Financial
31 Services Banking and Finance Tobacco Settlement Clearing Trust
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1 Fund established under s. 17.41. Amounts to be transferred
2 from the Department of Financial Services Banking and Finance
3 Tobacco Settlement Clearing Trust Fund to the endowment shall
4 be in the following amounts for the following fiscal years:
5 1. For fiscal year 1999-2000, $1.1 billion;
6 2. For fiscal year 2000-2001, $200 million;
7 3. For fiscal year 2001-2002, $200 million;
8 4. For fiscal year 2002-2003, $200 million; and
9 (c) Amounts to be transferred under subparagraphs
10 (b)2., 3., and 4. may be reduced by an amount equal to the
11 lesser of $200 million or the amount the endowment receives in
12 that fiscal year from the sale of the state's right, title,
13 and interest in and to the tobacco settlement agreement.
14 (d) For fiscal year 2001-2002, $150 million of the
15 existing principal in the endowment shall be reserved and
16 accounted for within the endowment, the income from which
17 shall be used solely for the funding for biomedical research
18 activities as provided in s. 215.5602. The income from the
19 remaining principal shall be used solely as the source of
20 funding for health and human services programs for children
21 and elders as provided in subsection (5). The separate account
22 for biomedical research shall be dissolved and the entire
23 principal in the endowment shall be used exclusively for
24 health and human services programs when cures have been found
25 for tobacco-related cancer, heart, and lung disease.
26 (5) AVAILABILITY OF FUNDS; USES.--
27 (a) Funds from the endowment which are available for
28 legislative appropriation shall be transferred by the board to
29 the Department of Financial Services Banking and Finance
30 Tobacco Settlement Clearing Trust Fund, created in s. 17.41,
31
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1 and disbursed in accordance with the legislative
2 appropriation.
3 1. Appropriations by the Legislature to the Department
4 of Health from endowment earnings from the principal set aside
5 for biomedical research shall be from a category called the
6 Florida Biomedical Research Program and shall be deposited
7 into the Biomedical Research Trust Fund in the Department of
8 Health established in s. 20.435.
9 2. Appropriations by the Legislature to the Department
10 of Children and Family Services, the Department of Health, or
11 the Department of Elderly Affairs for health and human
12 services programs shall be from a category called the Lawton
13 Chiles Endowment Fund Programs and shall be deposited into
14 each department's respective Tobacco Settlement Trust Fund as
15 appropriated.
16 Section 225. Section 215.58, Florida Statutes, is
17 amended to read:
18 215.58 Definitions relating to State Bond Act.--The
19 following words or terms when used in this act shall have the
20 following meanings:
21 (1) "Governor" means shall mean the Governor of the
22 state or any Acting Governor or other person then exercising
23 the duties of the office of Governor.
24 (2) "Treasurer" shall mean the Insurance Commissioner
25 and Treasurer.
26 (3) "Comptroller" shall mean the State Comptroller.
27 (2)(4) "State" means shall mean the State of Florida.
28 (3)(5) "Division" means shall mean the Division of
29 Bond Finance.
30
31
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1 (4)(6) "Board" means shall mean the governing board of
2 the said division, which shall be composed of the Governor and
3 Cabinet.
4 (5)(7) "Director" means shall mean the chief
5 administrator of the division, who shall act on behalf of the
6 division when authorized by the board, as provided by this
7 act.
8 (6)(8) "State agency" means shall mean any board,
9 commission, authority, or other state agency heretofore or
10 hereafter created by the constitution or statutes of the
11 state.
12 (7)(9) "Bonds" means shall mean state bonds, or any
13 revenue bonds, certificates or other obligations heretofore or
14 hereafter authorized to be issued by said division or by any
15 state agency.
16 (8)(10) "State bonds" means shall mean bonds pledging
17 the full faith and credit of the State of Florida.
18 (9)(11) "Legislature" means shall mean the State
19 Legislature.
20 (10)(12) "Constitution" means shall mean the existing
21 constitution of the state, or any constitution hereafter
22 adopted by the people of the state, together with all
23 amendments thereof.
24 (11)(13) "Original issue discount" means the amount by
25 which the par value of a bond exceeds its public offering
26 price at the time it is originally offered to an investor.
27 (12)(14) "Governmental agency" means shall mean:
28 (a) The state or any department, commission, agency,
29 or other instrumentality thereof.
30 (b) Any county or municipality or any department,
31 commission, agency, or other instrumentality thereof.
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1 (c) Any school board or special district, authority,
2 or governmental entity.
3 Section 226. Subsections (2), (3), (4), (5), and (8)
4 of section 215.684, Florida Statutes, are amended to read:
5 215.684 Limitation on engaging services of securities
6 broker or bond underwriter convicted of fraud.--
7 (2) Upon notification under chapter 517 that a person
8 or firm has been convicted or has pleaded as provided in
9 subsection (1), the Chief Financial Officer Comptroller shall
10 issue a notice of intent to take action to disqualify such
11 person or firm, which notice must state that:
12 (a) Such person or firm is considered a disqualified
13 securities broker or bond underwriter;
14 (b) A state agency may not enter into a contract with
15 such person or firm as a securities broker or bond underwriter
16 for any new business for a period of 2 years;
17 (c) The substantial rights of such person or firm as a
18 securities broker or bond underwriter are being affected and
19 the person or firm has the rights accorded pursuant to ss.
20 120.569 and 120.57; and
21 (d) Such person or firm may petition to mitigate the
22 duration of his or her disqualification, based on the criteria
23 established in subsection (3) and may request that such
24 mitigation be considered as part of any hearing under ss.
25 120.569 and 120.57.
26 (3) The Chief Financial Officer Comptroller shall
27 decide, based on the following criteria, whether or not to
28 mitigate the duration of the disqualification:
29 (a) The nature and details of the crime;
30 (b) The degree of culpability of the person or firm
31 proposed to be requalified;
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1 (c) Prompt or voluntary payment of any damages or
2 penalty as a result of the conviction and disassociation from
3 any other person or firm involved in the crimes of fraud;
4 (d) Cooperation with state or federal investigation or
5 prosecution of the crime of fraud;
6 (e) Prior or future self-policing by the person or
7 firm to prevent crimes of fraud; and
8 (f) Reinstatement or clemency in any jurisdiction in
9 relation to the crime at issue in the proceeding.
10 (4) If the Chief Financial Officer Comptroller in his
11 or her sole discretion decides to mitigate the duration of the
12 disqualification based on the foregoing, the duration of
13 disqualification shall be for any period the Chief Financial
14 Officer Comptroller specifies up to 2 years from the date of
15 the person's or firm's conviction or plea. If the Chief
16 Financial Officer Comptroller refuses to mitigate the duration
17 of the disqualification, such person or firm may again file
18 for mitigation no sooner than 9 months after denial by the
19 Chief Financial Officer Comptroller.
20 (5) Notwithstanding subsection (4), a firm or person
21 at any time may petition the Chief Financial Officer
22 Comptroller for termination of the disqualification based upon
23 a reversal of the conviction of the firm or person by an
24 appellate court or a pardon.
25 (8) Except when otherwise provided by law for crimes
26 of fraud with respect to the transaction of business with any
27 public entity or with an agency or political subdivision of
28 any other state or with the United States, this act
29 constitutes the sole authorization for determining when a
30 person or firm convicted or having pleaded guilty or nolo
31 contendere to the crime of fraud may not be engaged to provide
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1 services as a securities broker or bond underwriter with the
2 state. Nothing in this act shall be construed to affect the
3 authority granted the Chief Financial Officer Comptroller
4 under chapter 517 to revoke or suspend the license of such
5 securities dealer or bond underwriter.
6 Section 227. Subsection (4) of section 215.70, Florida
7 Statutes, is amended to read:
8 215.70 State Board of Administration to act in case of
9 defaults.--
10 (4) Whenever it becomes necessary for state funds to
11 be appropriated for the payment of principal or interest on
12 bonds which have been issued by the Division of Bond Finance
13 on behalf of any local government or authority and for which
14 the full faith and credit of the state has been pledged, any
15 state shared revenues otherwise earmarked for the local
16 government or authority shall be used by the Chief Financial
17 Officer Comptroller to reimburse the state, until the local
18 government or authority has reimbursed the state in full.
19 Section 228. Subsection (4) of section 215.91, Florida
20 Statutes, is amended to read:
21 215.91 Florida Financial Management Information
22 System; board; council.--
23 (4) The council shall provide ongoing counsel to the
24 board and act to resolve problems among or between the
25 functional owner subsystems. The board, through the
26 coordinating council, shall direct and manage the development,
27 implementation, and operation of the information subsystems
28 that together are the Florida Financial Management Information
29 System. The coordinating council shall approve the
30 information subsystems' designs prior to the development,
31 implementation, and operation of the subsystems and shall
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1 approve subsequent proposed design modifications to the
2 information subsystems subject to the guidelines issued by the
3 council. The coordinating council shall ensure that the
4 information subsystems' operations support the exchange of
5 unified and coordinated data between information subsystems.
6 The coordinating council shall establish the common data codes
7 for financial management, and it shall require and ensure the
8 use of common data codes by the information subsystems that
9 together constitute the Florida Financial Management
10 Information System. The Chief Financial Officer Comptroller
11 shall adopt a chart of accounts consistent with the common
12 financial management data codes established by the
13 coordinating council. The board, through the coordinating
14 council, shall establish the financial management policies and
15 procedures for the executive branch of state government. The
16 coordinating council shall notify in writing the chairs of the
17 legislative fiscal committees and the Chief Justice of the
18 Supreme Court regarding the adoption of, or modification to, a
19 proposed financial management policy or procedure. The notice
20 shall solicit comments from the chairs of the legislative
21 fiscal committees and the Chief Justice of the Supreme Court
22 at least 14 consecutive days before the final action by the
23 coordinating council.
24 Section 229. Subsection (5) of section 215.92, Florida
25 Statutes, is amended to read:
26 215.92 Definitions relating to Florida Financial
27 Management Information System Act.--For the purposes of ss.
28 215.90-215.96:
29 (5) "Design and coordination staff" means the
30 personnel responsible for providing administrative and
31 clerical support to the board, coordinating council, and
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