Senate Bill sb1712e1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1712 First Engrossed
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.
CS for CS for SB 1712 First Engrossed
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.
CS for CS for SB 1712 First Engrossed
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, 288.901, 288.99,
16 289.051, 289.081, 289.121, 292.085, 313.02,
17 314.02, 316.3025, 316.545, 320.02, 320.081,
18 320.20, 320.71, 320.781, 322.21, 324.032,
19 324.171, 326.006, 331.303, 331.309, 331.3101,
20 331.348, 331.419, 336.022, 337.25, 339.035,
21 339.081, 344.17, 350.06, 354.03, 365.173,
22 370.06, 370.16, 370.19, 370.20, 373.503,
23 373.59, 373.6065, 374.983, 374.986, 376.11,
24 376.123, 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.
CS for CS for SB 1712 First Engrossed
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.
CS for CS for SB 1712 First Engrossed
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.
CS for CS for SB 1712 First Engrossed
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.
CS for CS for SB 1712 First Engrossed
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.
CS for CS for SB 1712 First Engrossed
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.
CS for CS for SB 1712 First Engrossed
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.
CS for CS for SB 1712 First Engrossed
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, 631.818, 631.820, 631.821, 631.823,
15 631.825, 631.904, 631.911, 631.912, 631.917,
16 631.918, 631.931, 632.611, 632.612, 632.614,
17 632.615, 632.616, 632.621, 632.622, 632.627,
18 632.628, 632.629, 632.631, 632.632, 632.633,
19 632.637, 633.01, 633.022, 633.025, 633.052,
20 633.061, 633.081, 633.111, 633.161, 633.162,
21 633.30, 633.31, 633.353, 633.382, 633.43,
22 633.445, 633.45, 633.46, 633.461, 633.47,
23 633.50, 633.524, 633.802, 633.811, 633.814,
24 634.011, 634.021, 634.031, 634.041, 634.044,
25 634.045, 634.052, 634.053, 634.061, 634.081,
26 634.095, 634.101, 634.111, 634.121, 634.1213,
27 634.1216, 634.137, 634.141, 634.151, 634.161,
28 634.181, 634.191, 634.211, 634.221, 634.231,
29 634.242, 634.253, 634.261, 634.282, 634.283,
30 634.284, 634.285, 634.286, 634.287, 634.288,
31 634.289, 634.301, 634.302, 634.303, 634.304,
10
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1712 First Engrossed
1 634.305, 634.306, 634.307, 634.3077, 634.3078,
2 634.308, 634.310, 634.311, 634.3112, 634.312,
3 634.3123, 634.3126, 634.313, 634.314, 634.320,
4 634.321, 634.324, 634.325, 634.327, 634.3284,
5 634.336, 634.337, 634.338, 634.339, 634.34,
6 634.341, 634.342, 634.343, 634.344, 634.345,
7 634.348, 634.401, 634.402, 634.403, 634.404,
8 634.405, 634.406, 634.4061, 634.4065, 634.407,
9 634.409, 634.411, 634.413, 634.414, 634.4145,
10 634.415, 634.416, 634.422, 634.423, 634.426,
11 634.427, 634.428, 634.430, 634.433, 634.437,
12 634.438, 634.439, 634.44, 634.441, 634.442,
13 634.443, 634.444, 635.011, 635.031, 635.041,
14 635.042, 635.071, 635.081, 636.003, 636.006,
15 636.007, 636.008, 636.009, 636.015, 636.016,
16 636.017, 636.018, 636.025, 636.029, 636.036,
17 636.037, 636.038, 636.039, 636.043, 636.045,
18 636.046, 636.047, 636.048, 636.049, 636.052,
19 636.053, 636.055, 636.056, 636.057, 636.058,
20 636.062, 636.063, 636.064, 636.067, 641.185,
21 641.19, 641.2017, 641.2018, 641.21, 641.215,
22 641.22, 641.225, 641.227, 641.228, 641.23,
23 641.234, 641.2342, 641.25, 641.255, 641.26,
24 641.27, 641.28, 641.281, 641.284, 641.285,
25 641.29, 641.3007, 641.305, 641.31, 641.3105,
26 641.31071, 641.31074, 641.315, 641.3154,
27 641.3155, 641.316, 641.35, 641.36, 641.365,
28 641.385, 641.39001, 641.3903, 641.3905,
29 641.3907, 641.3909, 641.3911, 641.3913,
30 641.3917, 641.3922, 641.402, 641.403, 641.405,
31 641.406, 641.4065, 641.407, 641.409, 641.41,
11
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1712 First Engrossed
1 641.412, 641.418, 641.42, 641.421, 641.424,
2 641.437, 641.443, 641.444, 641.445, 641.446,
3 641.447, 641.448, 641.45, 641.452, 641.453,
4 641.454, 641.455, 641.457, 641.48, 641.49,
5 641.495, 641.511, 641.512, 641.52, 641.54,
6 641.55, 641.58, 642.015, 642.017, 642.021,
7 642.022, 642.023, 642.025, 642.027, 642.029,
8 642.0301, 642.0331, 642.0334, 642.0338,
9 642.041, 642.043, 642.047, 642.0475, 648.25,
10 648.26, 648.33, 648.34, 648.35, 648.355,
11 648.365, 648.386, 648.44, 648.442, 648.571,
12 650.06, 651.011, 651.012, 651.013, 651.014,
13 651.015, 651.018, 651.019, 651.021, 651.022,
14 651.023, 651.0235, 651.026, 651.0261, 651.028,
15 651.033, 651.035, 651.051, 651.055, 651.083,
16 651.085, 651.091, 651.095, 651.105, 651.106,
17 651.107, 651.108, 651.1081, 651.111, 651.114,
18 651.1151, 651.118, 651.119, 651.121, 651.123,
19 651.125, 651.134, 655.001, 655.005, 655.012,
20 655.015, 655.016, 655.031, 655.032, 655.0321,
21 655.0322, 655.033, 655.034, 655.037, 655.0385,
22 655.0386, 655.0391, 655.041, 655.043, 655.044,
23 655.045, 655.047, 655.049, 655.057, 655.059,
24 655.061, 655.071, 655.411, 655.412, 655.414,
25 655.416, 655.418, 655.50, 655.60, 655.762,
26 655.89, 655.90, 655.922, 655.942, 655.943,
27 655.948, 655.949, 655.963, 657.002, 657.005,
28 657.0061, 657.008, 657.021, 657.026, 657.028,
29 657.031, 657.033, 657.0335, 657.038, 657.042,
30 657.043, 657.053, 657.062, 657.063, 657.064,
31 657.065, 657.066, 657.068, 658.12, 658.16,
12
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1712 First Engrossed
1 658.165, 658.19, 658.20, 658.21, 658.22,
2 658.23, 658.235, 658.24, 658.25, 658.26,
3 658.27, 658.28, 658.285, 658.295, 658.2953,
4 658.296, 658.32, 658.33, 658.34, 658.35,
5 658.36, 658.37, 658.39, 658.40, 658.41, 658.42,
6 658.43, 658.44, 658.45, 658.48, 658.53, 658.67,
7 658.68, 658.73, 658.79, 658.80, 658.81, 658.82,
8 658.83, 658.84, 658.90, 658.94, 658.95, 658.96,
9 658.995, 660.26, 660.265, 660.27, 660.28,
10 660.33, 660.40, 606.47, 660.48, 663.02, 663.04,
11 663.05, 663.055, 663.06, 663.061, 663.064,
12 663.065, 663.07, 663.08, 663.083, 663.09,
13 663.10, 663.11, 663.12, 663.13, 663.14, 663.16,
14 663.17, 663.171, 663.172, 663.173, 663.174,
15 663.175, 663.176, 663.177, 663.178, 663.18,
16 663.181, 663.301, 663.302, 663.303, 663.304,
17 663.305, 663.306, 663.308, 663.309, 663.311,
18 663.312, 663.316, 663.319, 665.012, 665.013,
19 665.0315, 665.033, 665.0335, 665.034, 665.0345,
20 665.0711, 665.1001, 667.002, 667.003, 667.005,
21 667.006, 667.007, 667.008, 667.013, 687.13,
22 687.14, 687.141, 687.143, 687.144, 687.145,
23 687.148, 697.05, 713.596, 716.02, 716.03,
24 716.04, 716.05, 716.06, 716.07, 717.101,
25 717.117, 717.135, 717.138, 718.501, 719.501,
26 721.24, 721.26, 723.006, 732.107, 733.816,
27 744.534, 766.105, 766.1115, 766.314, 766.315,
28 768.28, 790.001, 790.1612, 791.01, 791.015,
29 817.16, 817.234, 817.2341, 817.50, 839.06,
30 849.086, 849.33, 860.154, 860.157, 896.102,
31 896.104, 903.09, 903.101, 903.27, 925.037,
13
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1712 First Engrossed
1 932.7055, 932.707, 938.27, 939.13, 943.031,
2 943.032, 944.516, 946.33, 946.509, 946.5095,
3 946.510, 946.517, 946.522, 946.525, 947.12,
4 950.002, 957.04, 985.406, 985.409, 1000.05,
5 1001.23, 1002.36, 1002.38, 1002.39, 1003.48,
6 1004.30, 1004.725, 1006.29, 1006.33, 1006.34,
7 1006.39, 1008.33, 1009.265, 1009.54, 1009.56,
8 1009.66, 1009.72, 1009.73, 1009.765, 1009.77,
9 1009.971, 1009.972, 1010.56, 1010.74, 1010.75,
10 1011.10, 1011.17, 1011.18, 1011.4105, 1011.57,
11 1011.94, 1012.59, 1012.79, 1013.79, F.S.;
12 repealing s. 17.06, F.S., relating to items and
13 accounts disallowed by the Comptroller; s.
14 18.03, F.S., relating to residence and office
15 of the Treasurer; s. 18.09, F.S., relating to
16 delivery to the Legislature of the annual
17 report of the Treasurer; s. 18.22, F.S.,
18 relating to rulemaking authority of the
19 Department of Banking and Finance; s. 20.12,
20 F.S., relating to the Department of Banking and
21 Finance; s. 20.13, F.S., relating to the
22 Department of Insurance; s. 440.135, F.S.,
23 relating to pilot programs for medical and
24 remedial care in workers' compensation; s.
25 624.305, F.S., relating to prohibited financial
26 interests; s. 624.4071, F.S., relating to
27 special purpose homeowner insurance companies;
28 s. 624.463, F.S., relating to conversion of
29 self-insurance funds; s. 627.0623, F.S.,
30 relating to restrictions on expenditures and
31 solicitations of insurers and affiliates; s.
14
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CS for CS for SB 1712 First Engrossed
1 627.3516, F.S., relating to residential
2 property insurance market coordinating council;
3 s. 627.7825, F.S., relating to alternative rate
4 adoption; s. 655.019, F.S., relating to
5 campaign contribution limitations; s. 657.067,
6 F.S., relating to conversion from federal to
7 state charter and to requirements for
8 application approval; and ss. 657.25-657.269,
9 relating to the Florida Credit Union Guaranty
10 Corporation, Inc.; providing for retroactive
11 applicability; providing that this act and
12 chapter 2002-404, Laws of Florida, do not
13 affect the validity of certain administrative
14 or judicial action prior to or pending on
15 January 7, 2003; providing that filings or
16 actions approved or authorized by the
17 Department of Insurance or the Department of
18 Banking and Finance prior to that date may
19 continue to be used or be effective until
20 otherwise successor agencies otherwise
21 prescribe; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 11.12, Florida Statutes, is amended
26 to read:
27 11.12 Salary, subsistence, and mileage of members and
28 employees; expenses authorized by resolution; appropriation;
29 preaudit by Comptroller.--
30 (1) The Chief Financial Officer Treasurer is
31 authorized to pay the salary, subsistence, and mileage of the
15
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CS for CS for SB 1712 First Engrossed
1 members of the Legislature, as the same shall be authorized
2 from time to time by law, upon receipt of a warrant therefor
3 of the Comptroller for the stated amount. The Chief Financial
4 Officer may Treasurer is authorized to pay the compensation of
5 employees of the Legislature, together with reimbursement for
6 their authorized travel as provided in s. 112.061, and such
7 expense of the Legislature as shall be authorized by law, a
8 concurrent resolution, a resolution of either house, or rules
9 adopted by the respective houses, provided the total amount
10 appropriated to the legislative branch shall not be altered,
11 upon receipt of such warrant therefor. The number, duties, and
12 compensation of the employees of the respective houses and of
13 their committees shall be determined as provided by the rules
14 of the respective house or in this chapter. Each legislator
15 may designate no more than two employees to attend sessions of
16 the Legislature, and those employees who change their places
17 of residence in order to attend the session shall be paid
18 subsistence at a rate to be established by the President of
19 the Senate for Senate employees and the Speaker of the House
20 of Representatives for House employees. Such employees, in
21 addition to subsistence, shall be paid transportation expenses
22 in accordance with s. 112.061(7) and (8) for actual
23 transportation between their homes and the seat of government
24 in order to attend the legislative session and return home, as
25 well as for two round trips during the course of any regular
26 session of the Legislature.
27 (2) All vouchers covering legislative expenses shall
28 be preaudited by the Chief Financial Officer Comptroller, and,
29 if found to be correct, state warrants shall be issued
30 therefor.
31
16
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CS for CS for SB 1712 First Engrossed
1 Section 2. Paragraph (c) of subsection (5) of section
2 11.13, Florida Statutes, is amended to read:
3 11.13 Compensation of members.--
4 (5)
5 (c) The Office of Legislative Services shall submit on
6 forms prescribed by the Chief Financial Officer Comptroller
7 requested allotments of appropriations for the fiscal year. It
8 shall be the duty of the Chief Financial Officer Comptroller
9 to release the funds and authorize the expenditures for the
10 legislative branch to be made from the appropriations on the
11 basis of the requested allotments. However, the aggregate of
12 such allotments shall not exceed the total appropriations
13 available for the fiscal year.
14 Section 3. Subsection (4) of section 11.147, Florida
15 Statutes, is amended to read:
16 11.147 Office of Legislative Services.--
17 (4) The Office of Legislative Services shall deliver
18 such vouchers covering legislative expenses as required to the
19 Chief Financial Officer Comptroller and, if found to be
20 correct, state warrants shall be issued therefor.
21 Section 4. Section 11.151, Florida Statutes, is
22 amended to read:
23 11.151 Annual legislative appropriation to contingency
24 fund for use of Senate President and House Speaker.--There is
25 established a legislative contingency fund consisting of
26 $10,000 for the President of the Senate and $10,000 for the
27 Speaker of the House of Representatives, which amounts shall
28 be set aside annually from moneys appropriated for legislative
29 expense. These funds shall be disbursed by the Chief
30 Financial Officer Comptroller upon receipt of vouchers
31 authorized by the President of the Senate or the Speaker of
17
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CS for CS for SB 1712 First Engrossed
1 the House of Representatives. Such Said funds may be expended
2 at the unrestricted discretion of the President of the Senate
3 or the Speaker of the House of Representatives in carrying out
4 their official duties during the entire period between the
5 date of their election as such officers at the organizational
6 meeting held pursuant to s. 3(a), Art. III of the State
7 Constitution and the next general election.
8 Section 5. Subsection (5) of section 11.40, Florida
9 Statutes, is amended to read:
10 11.40 Legislative Auditing Committee.--
11 (5) Following notification by the Auditor General, the
12 Department of Financial Services Banking and Finance, or the
13 Division of Bond Finance of the State Board of Administration
14 of the failure of a local governmental entity, district school
15 board, charter school, or charter technical career center to
16 comply with the applicable provisions within s. 11.45(5)-(7),
17 s. 218.32(1), or s. 218.38, the Legislative Auditing Committee
18 may schedule a hearing. If a hearing is scheduled, the
19 committee shall determine if the entity should be subject to
20 further state action. If the committee determines that the
21 entity should be subject to further state action, the
22 committee shall:
23 (a) In the case of a local governmental entity or
24 district school board, request the Department of Revenue and
25 the Department of Financial Services Banking and Finance to
26 withhold any funds not pledged for bond debt service
27 satisfaction which are payable to such entity until the entity
28 complies with the law. The committee, in its request, shall
29 specify the date such action shall begin, and the request must
30 be received by the Department of Revenue and the Department of
31 Financial Services Banking and Finance 30 days before the date
18
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CS for CS for SB 1712 First Engrossed
1 of the distribution mandated by law. The Department of Revenue
2 and the Department of Financial Services may Banking and
3 Finance are authorized to implement the provisions of this
4 paragraph.
5 (b) In the case of a special district, notify the
6 Department of Community Affairs that the special district has
7 failed to comply with the law. Upon receipt of notification,
8 the Department of Community Affairs shall proceed pursuant to
9 the provisions specified in ss. 189.421 and 189.422.
10 (c) In the case of a charter school or charter
11 technical career center, notify the appropriate sponsoring
12 entity, which may terminate the charter pursuant to ss.
13 228.056 and 228.505.
14 Section 6. Paragraph (b) of subsection (6) of section
15 11.42, Florida Statutes, is amended to read:
16 11.42 The Auditor General.--
17 (6)
18 (b) All payrolls and vouchers for the operations of
19 the Auditor General's office shall be submitted to the Chief
20 Financial Officer Comptroller and, if found to be correct,
21 payments shall be issued therefor.
22 Section 7. Subsection (1) of section 14.057, Florida
23 Statutes, is amended to read:
24 14.057 Governor-elect; establishment of operating
25 fund.--
26 (1) There is established an operating fund for the use
27 of the Governor-elect during the period dating from the
28 certification of his or her election by the Elections
29 Canvassing Commission to his or her inauguration as Governor.
30 The Governor-elect during this period may allocate the fund to
31 travel, expenses, his or her salary, and the salaries of the
19
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CS for CS for SB 1712 First Engrossed
1 Governor-elect's staff as he or she determines. Such staff may
2 include, but not be limited to, a chief administrative
3 assistant, a legal adviser, a fiscal expert, and a public
4 relations and information adviser. The salary of the
5 Governor-elect and each member of the Governor-elect's staff
6 during this period shall be determined by the Governor-elect,
7 except that the total expenditures chargeable to the state
8 under this section, including salaries, shall not exceed the
9 amount appropriated to the operating fund. The Executive
10 Office of the Governor shall supply to the Governor-elect
11 suitable forms to provide for the expenditure of the fund and
12 suitable forms to provide for the reporting of all
13 expenditures therefrom. The Chief Financial Officer
14 Comptroller shall release moneys from this fund upon the
15 request of the Governor-elect properly filed.
16 Section 8. Section 14.058, Florida Statutes, is
17 amended to read:
18 14.058 Inauguration expense fund.--There is
19 established an inauguration expense fund for the use of the
20 Governor-elect in planning and conducting the inauguration
21 ceremonies. The Governor-elect shall appoint an inauguration
22 coordinator and such staff as necessary to plan and conduct
23 the inauguration. Salaries for the inauguration coordinator
24 and the inauguration coordinator's staff shall be determined
25 by the Governor-elect and shall be paid from the inauguration
26 expense fund. The Executive Office of the Governor shall
27 supply to the inauguration coordinator suitable forms to
28 provide for the expenditure of the fund and suitable forms to
29 provide for the reporting of all expenditures therefrom. The
30 Chief Financial Officer Comptroller shall release moneys from
31
20
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CS for CS for SB 1712 First Engrossed
1 this fund upon the request of the inauguration coordinator
2 properly filed.
3 Section 9. Paragraph (f) of subsection (3) of section
4 14.203, Florida Statutes, is amended to read:
5 14.203 State Council on Competitive Government.--It is
6 the policy of this state that all state services be performed
7 in the most effective and efficient manner in order to provide
8 the best value to the citizens of the state. The state also
9 recognizes that competition among service providers may
10 improve the quality of services provided, and that
11 competition, innovation, and creativity among service
12 providers should be encouraged.
13 (3) In performing its duties under this section, the
14 council may:
15 (f) Require that an identified state service be
16 submitted to competitive bidding or another process that
17 creates competition with private sources or other governmental
18 entities. In determining whether an identified state service
19 should be submitted to competitive bidding, the council shall
20 consider, at a minimum:
21 1. Any constitutional and legal implications which may
22 arise as a result of such action.
23 2. The cost of supervising the work of any private
24 contractor.
25 3. The total cost to the state agency of such state
26 agency's performance of a service, including all indirect
27 costs related to that state agency and costs of such agencies
28 as the Chief Financial Officer Comptroller, the Treasurer, the
29 Attorney General, and other such support agencies to the
30 extent such costs would not be incurred if a contract is
31 awarded. Costs for the current provision of the service shall
21
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CS for CS for SB 1712 First Engrossed
1 be considered only when such costs would actually be saved if
2 the contract were awarded to another entity.
3 Section 10. Subsection (3) of section 15.09, Florida
4 Statutes, is amended to read:
5 15.09 Fees.--
6 (3) All fees arising from certificates of election or
7 appointment to office and from commissions to officers shall
8 be paid to the Chief Financial Officer Treasurer for deposit
9 in the General Revenue Fund.
10 Section 11. Section 16.10, Florida Statutes, is
11 amended to read:
12 16.10 Receipt of Supreme Court reports for
13 office.--The Clerk of the Supreme Court shall deliver to the
14 Attorney General a copy of each volume, or part of volume, of
15 the decisions of the Supreme Court, which may be in the care
16 or custody of said clerk, and which the Attorney General's
17 office may be without, and take the Attorney General's receipt
18 for the same. The Attorney General shall keep the same in her
19 or his office at the capitol, and each retiring Attorney
20 General shall take the receipt of her or his successor for the
21 same and file such receipt in the Chief Financial Officer's
22 Treasurer's office; provided that this shall not authorize the
23 taking away of any book belonging to the Supreme Court
24 library, kept for the use of said court.
25 Section 12. Section 17.001, Florida Statutes, is
26 created to read:
27 17.001 Chief Financial Officer.--As provided in s.
28 4(c), Art. IV of the State Constitution, the Chief Financial
29 Officer is the chief fiscal officer of the state and is
30 responsible for settling and approving accounts against the
31 state and keeping all state funds and securities.
22
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CS for CS for SB 1712 First Engrossed
1 Section 13. Section 17.002, Florida Statutes, is
2 created to read:
3 17.002 Definition.--For the purposes of this chapter,
4 the term "department" means the Department of Financial
5 Services.
6 Section 14. Section 17.011, Florida Statutes, is
7 amended to read:
8 17.011 Assistant Chief Financial Officer
9 comptroller.--The Chief Financial Officer Comptroller of the
10 state may appoint an Assistant Chief Financial Officer
11 comptroller to hold office during the pleasure of the Chief
12 Financial Officer Comptroller.
13 Section 15. Section 17.02, Florida Statutes, is
14 amended to read:
15 17.02 Place of residence and office.--The Chief
16 Financial Officer Comptroller shall reside at the seat of
17 government of this state, and shall hold office in a room in
18 the capitol.
19 Section 16. Section 17.03, Florida Statutes, is
20 amended to read:
21 17.03 To audit claims against the state.--
22 (1) The Chief Financial Officer Comptroller of this
23 state, using generally accepted auditing procedures for
24 testing or sampling, shall examine, audit, and settle all
25 accounts, claims, and demands, whatsoever, against the state,
26 arising under any law or resolution of the Legislature, and
27 issue a warrant to the Treasurer directing the payment
28 Treasurer to pay out of the State Treasury of such amount as
29 he or she allows shall be allowed by the Comptroller thereon.
30 (2) The Chief Financial Officer Comptroller may
31 establish dollar thresholds applicable to each invoice amount
23
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CS for CS for SB 1712 First Engrossed
1 and other criteria for testing or sampling invoices on a
2 preaudit and postaudit basis. The Chief Financial Officer
3 Comptroller may revise such thresholds and other criteria for
4 an agency or the unit of any agency as he or she deems
5 appropriate.
6 (3) The Chief Financial Officer Comptroller may adopt
7 and disseminate to the agencies procedural and documentation
8 standards for payment requests and may provide training and
9 technical assistance to the agencies for these standards.
10 (4) The Chief Financial Officer Comptroller shall have
11 the legal duty of delivering all state warrants and shall be
12 charged with the official responsibility of the protection and
13 security of the state warrants while in his or her custody.
14 The Chief Financial Officer Comptroller may delegate this
15 authority to other state agencies or officers.
16 Section 17. Section 17.031, Florida Statutes, is
17 amended to read:
18 17.031 Security of Chief Financial Officer's
19 Comptroller's office.--The Chief Financial Officer may
20 Comptroller is authorized to engage the full-time services of
21 two law enforcement officers, with power of arrest, to prevent
22 all acts of a criminal nature directed at the property in the
23 custody or control of the Chief Financial Officer Comptroller.
24 While so assigned, such said officers shall be under the
25 direction and supervision of the Chief Financial Officer
26 Comptroller, and their salaries and expenses shall be paid
27 from the general fund of the office of Chief Financial Officer
28 Comptroller.
29 Section 18. Section 17.04, Florida Statutes, is
30 amended to read:
31
24
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CS for CS for SB 1712 First Engrossed
1 17.04 To audit and adjust accounts of officers and
2 those indebted to the state.--The Chief Financial Officer
3 Department of Banking and Finance of this state, using
4 generally accepted auditing procedures for testing or
5 sampling, shall examine, audit, adjust, and settle the
6 accounts of all the officers of this state, and any other
7 person in anywise entrusted with, or who may have received any
8 property, funds, or moneys of this state, or who may be in
9 anywise indebted or accountable to this state for any
10 property, funds, or moneys, and require such officer or
11 persons to render full accounts thereof, and to yield up such
12 property or funds according to law, or pay such moneys into
13 the treasury of this state, or to such officer or agent of the
14 state as may be appointed to receive the same, and on failure
15 so to do, to cause to be instituted and prosecuted
16 proceedings, criminal or civil, at law or in equity, against
17 such persons, according to law. The Division of Accounting
18 and Auditing Financial Investigations may conduct
19 investigations within or outside of this state as it deems
20 necessary to aid in the enforcement of this section. If
21 during an investigation the division has reason to believe
22 that any criminal statute of this state has or may have been
23 violated, the division shall refer any records tending to show
24 such violation to state or federal law enforcement or
25 prosecutorial agencies and shall provide investigative
26 assistance to those agencies as required.
27 Section 19. Section 17.0401, Florida Statutes, is
28 amended to read:
29 17.0401 Confidentiality of information relating to
30 financial investigations.--Except as otherwise provided by
31 this section, information relative to an investigation
25
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CS for CS for SB 1712 First Engrossed
1 conducted by the Division of Accounting and Auditing Financial
2 Investigations pursuant to s. 17.04, including any consumer
3 complaint, is confidential and exempt from the provisions of
4 s. 119.07(1) and s. 24(a), Art. I of the State Constitution
5 until the investigation is completed or ceases to be active.
6 Any information relating to an investigation conducted by the
7 division pursuant to s. 17.04 shall remain confidential and
8 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
9 I of the State Constitution after the division's investigation
10 is completed or ceases to be active if the division submits
11 the information to any law enforcement or prosecutorial agency
12 for further investigation. Such information shall remain
13 confidential and exempt from the provisions of s. 119.07(1)
14 and s. 24(a), Art. I of the State Constitution until that
15 agency's investigation is completed or ceases to be active.
16 For purposes of this section, an investigation shall be
17 considered "active" so long as the division or any law
18 enforcement or prosecutorial agency is proceeding with
19 reasonable dispatch and has a reasonable good faith belief
20 that the investigation may lead to the filing of an
21 administrative, civil, or criminal proceeding. This section
22 shall not be construed to prohibit disclosure of information
23 that which is required by law to be filed with the Department
24 of Financial Services or the Office of Financial Regulation
25 Banking and Finance and that which, but for the investigation,
26 would otherwise be subject to public disclosure. Nothing in
27 this section shall be construed to prohibit the division from
28 providing information to any law enforcement or prosecutorial
29 agency. Any law enforcement or prosecutorial agency receiving
30 confidential information from the division in connection with
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1 its official duties shall maintain the confidentiality of the
2 information as provided for in this section.
3 Section 20. Section 17.041, Florida Statutes, is
4 amended to read:
5 17.041 County and district accounts and claims.--
6 (1) It shall be the duty of the Chief Financial
7 Officer Department of Banking and Finance of this state to
8 adjust and settle, or cause to be adjusted and settled, all
9 accounts and claims heretofore or hereafter reported to it by
10 the Auditor General, the appropriate county or district
11 official, or any person against all county and district
12 officers and employees, and against all other persons
13 entrusted with, or who may have received, any property, funds,
14 or moneys of a county or district or who may be in anywise
15 indebted to or accountable to a county or district for any
16 property, funds, moneys, or other thing of value, and to
17 require such officer, employee, or person to render full
18 accounts thereof and to yield up such property, funds, moneys,
19 or other thing of value according to law to the officer or
20 authority entitled by law to receive the same.
21 (2) On the failure of such officer, employee, or
22 person to adjust and settle such account, or to yield up such
23 property, funds, moneys, or other thing of value, the Chief
24 Financial Officer department shall direct the attorney for the
25 board of county commissioners, the district school board, or
26 the district, as the case may be, entitled to such account,
27 property, funds, moneys, or other thing of value to represent
28 such county or district in enforcing settlement, payment or
29 delivery of such account, property, funds, moneys, or other
30 thing of value. The Chief Financial Officer department may
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1 enforce such settlement, payment, or delivery pursuant to s.
2 17.20.
3 (3) Should the attorney for the county or district
4 aforesaid be disqualified or unable to act, and no other
5 attorney be furnished by the county or district, or should the
6 Chief Financial Officer department otherwise deem it
7 advisable, such account or claim may be certified to the
8 Department of Legal Affairs by the Chief Financial Officer
9 department, to be prosecuted by the Department of Legal
10 Affairs at county or district expense, as the case may be,
11 including necessary per diem and travel expense in accordance
12 with s. 112.061, as now or hereafter amended. Such expenses,
13 when approved by the Chief Financial Officer department, shall
14 be paid forthwith by such county or district.
15 (4) If Should it appears appear to the Chief Financial
16 Officer department that any criminal statute of this state has
17 or may have been violated by such defaulting officer,
18 employee, or person, such information, evidence, documents,
19 and other things tending to show such a violation, whether in
20 the hands of the Chief Financial Officer Comptroller, the
21 Auditor General, the county, or the district, shall be
22 forthwith turned over to the proper state attorney for
23 inspection, study, and such action as may be deemed proper, or
24 the same may be brought to the attention of the proper grand
25 jury.
26 (5) No such account or claim, after it has been
27 certified to the Chief Financial Officer department, may be
28 settled for less than the amount due according to law without
29 the written consent of the Chief Financial Officer department,
30 and any attempt to make settlement in violation of this
31 subsection shall be deemed null and void. A county or
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1 district board desiring to make such a settlement shall
2 incorporate the proposed settlement into a resolution, stating
3 that the proposed settlement is contingent upon the Chief
4 Financial Officer's Comptroller's approval, and shall submit
5 two copies of the resolution to the department. The Chief
6 Financial Officer department shall return one copy with his or
7 her the Comptroller's action endorsed thereon.
8 (6) No settlement of account of any such officer,
9 employee, or person, with the county or district, or any of
10 their officers or agents, made in an amount or manner other
11 than as authorized by law or for other than a lawful county or
12 district purpose, shall be binding upon such county or
13 district unless and until approved by the Chief Financial
14 Officer department, or unless more than 4 years shall have
15 elapsed from the date of such settlement.
16 (7) Nothing in this section shall supersede the
17 continuing duty of the proper county and district officers to
18 require any officer, employee, or person to render full
19 accounts of and to yield up according to law to the officer or
20 authority entitled by law to receive the same, any property,
21 funds, moneys, or other thing of value as to which such
22 officer, employee, or person is in anywise indebted to or
23 accountable to such county or district. The provisions of
24 this section provide for collections and recoveries which the
25 proper county or district officers have failed to make, and
26 for correction of settlements made in an amount or manner
27 other than as authorized by law.
28 Section 21. Section 17.0415, Florida Statutes, is
29 amended to read:
30 17.0415 Transfer and assignment of claims.--In order
31 to facilitate their collection from third parties, the Chief
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1 Financial Officer Comptroller may authorize the assignment of
2 claims among the state, its agencies, and its subdivisions,
3 whether arising from criminal, civil, or other judgments in
4 state or federal court. The state, its agencies, and its
5 subdivisions, may assign claims under such terms as are
6 mutually acceptable to the Chief Financial Officer Comptroller
7 and the assignee and assignor. The assigned claim may be
8 enforced as a setoff to any claim against the state, its
9 agencies, or its subdivisions, by garnishment or in the same
10 manner as a judgment in a civil action. Claims against the
11 state, its agencies, and its subdivisions resulting from the
12 condemnation of property protected by the provisions of s. 4,
13 Art. X of the State Constitution are not subject to setoff
14 pursuant to this section.
15 Section 22. Section 17.05, Florida Statutes, is
16 amended to read:
17 17.05 Subpoenas; sworn statements; enforcement
18 proceedings.--
19 (1) The Chief Financial Officer Comptroller may demand
20 and require full answers on oath from any and every person,
21 party or privy to any account, claim, or demand against or by
22 the state, such as it may be the Chief Financial Officer's
23 Comptroller's official duty to examine into, and which answers
24 the Chief Financial Officer Comptroller may require to be in
25 writing and to be sworn to before the Chief Financial Officer
26 Comptroller or the department or before any judicial officer
27 or clerk of any court of the state so as to enable the Chief
28 Financial Officer Comptroller to determine the justice or
29 legality of such account, claim, or demand.
30
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1 (2) In exercising authority under this chapter, the
2 Chief Financial Officer Comptroller or his or her designee
3 may:
4 (a) Issue subpoenas, administer oaths, and examine
5 witnesses.
6 (b) Require or permit a person to file a statement in
7 writing, under oath or otherwise as the Chief Financial
8 Officer Comptroller or his or her designee requires, as to all
9 the facts and circumstances concerning the matter to be
10 audited, examined, or investigated.
11 (3) Subpoenas shall be issued by the Chief Financial
12 Officer Comptroller or his or her designee under seal
13 commanding such witnesses to appear before the Chief Financial
14 Officer Comptroller or his or her the Comptroller's
15 representative or the department at a specified time and place
16 and to bring books, records, and documents as specified or to
17 submit books, records, and documents for inspection. Such
18 subpoenas may be served by an authorized representative of the
19 Chief Financial Officer Comptroller or the department.
20 (4) In the event of noncompliance with a subpoena
21 issued pursuant to this section, the Chief Financial Officer
22 Comptroller or the department may petition the circuit court
23 of the county in which the person subpoenaed resides or has
24 his or her principal place of business for an order requiring
25 the subpoenaed person to appear and testify and to produce
26 books, records, and documents as specified in the subpoena.
27 The court may grant legal, equitable, or injunctive relief,
28 including, but not limited to, issuance of a writ of ne exeat
29 or the restraint by injunction or appointment of a receiver of
30 any transfer, pledge, assignment, or other disposition of such
31 person's assets or any concealment, alteration, destruction,
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1 or other disposition of subpoenaed books, records, or
2 documents, as the court deems appropriate, until such person
3 has fully complied with such subpoena and the Chief Financial
4 Officer Comptroller or the department has completed the audit,
5 examination, or investigation. The Chief Financial Officer
6 Comptroller or the department is entitled to the summary
7 procedure provided in s. 51.011, and the court shall advance
8 the cause on its calendar. Costs incurred by the Chief
9 Financial Officer Comptroller or the department to obtain an
10 order granting, in whole or in part, such petition for
11 enforcement of a subpoena shall be charged against the
12 subpoenaed person, and failure to comply with such order shall
13 be a contempt of court.
14 Section 23. Section 17.075, Florida Statutes, is
15 amended to read:
16 17.075 Form of state warrants and other payment
17 orders; rules.--
18 (1) The Chief Financial Officer Department of Banking
19 and Finance is authorized to establish the form or forms of
20 state warrants which are to be drawn by him or her it and of
21 other orders for payment or disbursement of moneys out of the
22 State Treasury and to change the form thereof from time to
23 time as the Chief Financial Officer department may consider
24 necessary or appropriate. Such orders for payment may be in
25 any form, but, regardless of form, each order shall be subject
26 to the accounting and recordkeeping requirements applicable to
27 state warrants.
28 (2) The Chief Financial Officer department shall adopt
29 rules establishing accounting and recordkeeping procedures for
30 all payments made by electronic transfer of funds or by any
31 other means. Such procedures shall be consistent with the
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1 statutory requirements applicable to payments by state
2 warrant.
3 Section 24. Section 17.076, Florida Statutes, is
4 amended to read:
5 17.076 Direct deposit of funds.--
6 (1) As used in this section, the term:
7 (a) "beneficiary" means any person who is drawing
8 salary or retirement benefits from the state or who is the
9 recipient of any lawful payment from state funds.
10 (b) "Department" means the Department of Banking and
11 Finance.
12 (2) The Chief Financial Officer department shall
13 establish a program for the direct deposit of funds to the
14 account of the beneficiary of such a payment or disbursement
15 in any financial institution equipped for electronic fund
16 transfers, which institution is designated in writing by such
17 beneficiary and has lawful authority to accept such deposits.
18 Direct deposit of funds shall be by any electronic or other
19 transfer medium approved by the Chief Financial Officer
20 department for such purpose.
21 (3) The Chief Financial Officer department may
22 contract with an authorized financial institution for the
23 services necessary to operate the program. In order to
24 implement the provisions of this section, the Chief Financial
25 Officer may Comptroller is authorized to deposit with that
26 financial institution the funds payable to the beneficiaries,
27 in lump sum, by Chief Financial Officer's Comptroller's
28 warrant to make the authorized direct deposits.
29 (4) The written authorization of a beneficiary shall
30 be filed with the department or its designee. Such
31 authorization shall remain in effect until withdrawn in
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1 writing by the beneficiary or dishonored by the designated
2 financial institution.
3 (5) All direct deposit records made prior to October
4 1, 1986, are exempt from the provisions of s. 119.07(1). With
5 respect to direct deposit records made on or after October 1,
6 1986, the names of the authorized financial institutions and
7 the account numbers of the beneficiaries are confidential and
8 exempt from the provisions of s. 119.07(1).
9 (6) The department shall implement local option direct
10 deposit of funds for local governmental entities by January 1,
11 1996.
12 (6)(7) To cover the department's actual costs for
13 processing the direct deposit of funds other than salary or
14 retirement benefits, the department may charge the beneficiary
15 of the direct deposit a reasonable fee. The department may
16 collect the fee by direct receipt from the beneficiary or by
17 subtracting the amount of the fee from the funds due the
18 beneficiary. Such fees collected by the department shall be
19 deposited into the Department of Financial Services Banking
20 and Finance Administrative Trust Fund.
21 (7)(8) Effective July 1, 2000, all new recipients of
22 retirement benefits from this state shall be paid by direct
23 deposit of funds. A retiree may request from the department an
24 exemption from the provisions of this subsection when such
25 retiree can demonstrate a hardship. The department may pay
26 retirement benefits by state warrant when deemed
27 administratively necessary.
28 Section 25. Section 17.08, Florida Statutes, is
29 amended to read:
30 17.08 Accounts, etc., on which warrants drawn, to be
31 filed.--All accounts, vouchers, and evidence, upon which
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1 warrants have heretofore been, or shall hereafter be, drawn
2 upon the treasury by the Chief Financial Officer Comptroller
3 shall be filed and deposited in the office of Chief Financial
4 Officer Comptroller or the office of the Chief Financial
5 Officer's Comptroller's designee, in accordance with
6 requirements established by the Secretary of State.
7 Section 26. Section 17.09, Florida Statutes, is
8 amended to read:
9 17.09 Application for warrants for salaries.--All
10 public officers who are entitled to salaries in this state,
11 shall make their application for warrants in writing, stating
12 for what terms and the amount they claim, which written
13 application shall be filed by the Chief Financial Officer
14 Comptroller as vouchers for the warrants issued thereupon.
15 Section 27. Section 17.10, Florida Statutes, is
16 amended to read:
17 17.10 Record of warrants and of state funds and
18 securities issued.--The Chief Financial Officer Comptroller
19 shall cause to be entered in the warrant register a record of
20 the warrants issued during the previous month, and shall make
21 such entry in the record so required to be kept as shall show
22 the number of each warrant issued, in whose favor drawn, and
23 the date it was issued. He or she shall account for all state
24 funds and securities.
25 Section 28. Section 17.11, Florida Statutes, is
26 amended to read:
27 17.11 To report disbursements made.--
28 (1) The Chief Financial Officer Comptroller shall make
29 in all his or her future annual reports an exhibit stated from
30 the record of disbursements made during the fiscal year, and
31
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1 the several heads of expenditures under which such
2 disbursements were made.
3 (2) The Chief Financial Officer Comptroller shall also
4 cause to have reported from the Florida Accounting Information
5 Resource Subsystem no less than quarterly the disbursements
6 which agencies made to small businesses, as defined in the
7 Florida Small and Minority Business Assistance Act of 1985; to
8 certified minority business enterprises in the aggregate; and
9 to certified minority business enterprises broken down into
10 categories of minority persons, as well as gender and
11 nationality subgroups. This information shall be made
12 available to the agencies, the Office of Supplier Diversity,
13 the Governor, the President of the Senate, and the Speaker of
14 the House of Representatives. Each agency shall be responsible
15 for the accuracy of information entered into the Florida
16 Accounting Information Resource Subsystem for use in this
17 reporting.
18 Section 29. Section 17.12, Florida Statutes, is
19 amended to read:
20 17.12 Authorized to issue warrants to tax collector or
21 sheriff for payment.--Whenever it shall appear to the
22 satisfaction of the Chief Financial Officer Comptroller of
23 this state from examination of the books of his or her office
24 that the tax collector or the sheriff for any county in this
25 state has paid into the State Treasury, through mistake or
26 otherwise, a larger or greater sum than is actually due from
27 such said collector or sheriff, then the Chief Financial
28 Officer Comptroller may issue a warrant to such said collector
29 or sheriff for the sum so found to be overpaid.
30 Section 30. Section 17.13, Florida Statutes, is
31 amended to read:
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1 17.13 To duplicate warrants lost or destroyed.--
2 (1) The Chief Financial Officer Comptroller is
3 required to duplicate any Chief Financial Officer's
4 Comptroller's warrants that may have been lost or destroyed,
5 or may hereafter be lost or destroyed, upon the owner thereof
6 or the owner's agent or attorney presenting the Chief
7 Financial Officer Comptroller the statement, under oath,
8 reciting the number, date, and amount of any warrant or the
9 best and most definite description in his or her knowledge and
10 the circumstances of its loss; if the Chief Financial Officer
11 Comptroller deems it necessary, the owner or the owner's agent
12 or attorney shall file in the office of the Chief Financial
13 Officer Comptroller a surety bond, or a bond with securities,
14 to be approved by one of the judges of the circuit court or
15 one of the justices of the Supreme Court, in a penalty of not
16 less than twice the amount of any warrants so duplicated,
17 conditioned to indemnify the state and any innocent holders
18 thereof from any damages that may accrue from such
19 duplication.
20 (2) The Chief Financial Officer Comptroller is
21 required to duplicate any Chief Financial Officer's
22 Comptroller's warrant that may have been lost or destroyed, or
23 may hereafter be lost or destroyed, when sent to any payee via
24 any state agency when such warrant is lost or destroyed prior
25 to being received by the payee and provided the director of
26 the state agency to whom the warrant was sent presents to the
27 Chief Financial Officer Comptroller a statement, under oath,
28 reciting the number, date, and amount of the warrant lost or
29 destroyed, the circumstances surrounding the loss or
30 destruction of such warrant, and any additional information
31
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1 that the Chief Financial Officer Comptroller shall request in
2 regard to such warrant.
3 (3) Any duplicate Chief Financial Officer's
4 Comptroller's warrant issued in pursuance of the above
5 provisions shall be of the same validity as the original was
6 before its loss.
7 Section 31. Section 17.14, Florida Statutes, is
8 amended to read:
9 17.14 To prescribe forms.--The Chief Financial Officer
10 Department of Banking and Finance may prescribe the forms of
11 all papers, vouchers, reports and returns and the manner of
12 keeping the accounts and papers to be used by the officers of
13 this state or other persons having accounts, claims, or
14 demands against the state or entrusted with the collection of
15 any of the revenue thereof or any demand due the same, which
16 form shall be pursued by such officer or other persons.
17 Section 32. Section 17.16, Florida Statutes, is
18 amended to read:
19 17.16 Seal.--The seal of office of the Chief Financial
20 Officer Comptroller of the state shall be the same as the seal
21 heretofore used for that purpose.
22 Section 33. Section 17.17, Florida Statutes, is
23 amended to read:
24 17.17 Examination by Governor and report.--The office
25 of Chief Financial Officer Comptroller of the state, and the
26 books, files, documents, records, and papers shall always be
27 subject to the examination of the Governor of this state, or
28 any person the Governor may authorize to examine the same; and
29 on the first day of January of each and every year, or oftener
30 if called for by the Governor, the Chief Financial Officer
31 Comptroller shall make a full report of all his or her
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1 official acts and proceedings for the last fiscal year to the
2 Governor, to be laid before the Legislature with the
3 Governor's message, and shall make such further report as the
4 constitution may require.
5 Section 34. Section 17.20, Florida Statutes, is
6 amended to read:
7 17.20 Assignment of claims for collection.--
8 (1) The Chief Financial Officer Department of Banking
9 and Finance shall charge the state attorneys with the
10 collection of all claims that are placed in their hands for
11 collection of money or property for the state or any county or
12 special district, or that it otherwise requires them to
13 collect. The charges are evidence of indebtedness of a state
14 attorney against whom any charge is made for the full amount
15 of the claim, until the charges have been collected and paid
16 into the treasury of the state or of the county or special
17 district or the legal remedies of the state have been
18 exhausted, or until the state attorney demonstrates to the
19 Chief Financial Officer department that the failure to collect
20 the charges is not due to negligence and the Chief Financial
21 Officer department has made a proper entry of satisfaction of
22 the charge against the state attorney.
23 (2) The Chief Financial Officer department may assign
24 the collection of any claim to a collection agent who is
25 registered and in good standing pursuant to chapter 559, if
26 the Chief Financial Officer department determines the
27 assignation to be cost-effective. The Chief Financial Officer
28 department may pay an agent from any amount collected under
29 the claim a fee that the Chief Financial Officer department
30 and the agent have agreed upon; may authorize the agent to
31 deduct the fee from the amount collected; may require the
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1 appropriate state agency, county, or special district to pay
2 the agent the fee from any amount collected by the agent on
3 its behalf; or may authorize the agent to add the fee to the
4 amount to be collected.
5 (3) Notwithstanding any other provision of law, in any
6 contract providing for the location or collection of unclaimed
7 property, the Chief Financial Officer department may authorize
8 the contractor to deduct its fees and expenses for services
9 provided under the contract from the unclaimed property that
10 the contractor has recovered or collected under the contract.
11 The Chief Financial Officer department shall annually report
12 to the Governor, President of the Senate, and the Speaker of
13 the House of Representatives the total amount collected or
14 recovered by each contractor during the previous fiscal year
15 and the total fees and expenses deducted by each contractor.
16 Section 35. Section 17.21, Florida Statutes, is
17 amended to read:
18 17.21 Not to allow any claim of state attorney against
19 state until report made.--The Chief Financial Officer
20 Comptroller shall not audit or allow any claim which any state
21 attorney may have against the state for services who shall
22 fail to make any report which by law the state attorney is
23 required to make to the Chief Financial Officer Comptroller of
24 claims of the state which it is his or her duty to collect.
25 Section 36. Section 17.22, Florida Statutes, is
26 amended to read:
27 17.22 Notice to Department of Legal Affairs.--Whenever
28 the Chief Financial Officer Department of Banking and Finance
29 forwards any bond or account or claim for suit to any state
30 attorney, he or she it shall advise the Department of Legal
31 Affairs of the fact, giving it the amount of the claim and
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1 other necessary particulars for its full information upon the
2 subject.
3 Section 37. Section 17.25, Florida Statutes, is
4 amended to read:
5 17.25 May certify copies.--The Chief Financial Officer
6 Comptroller of this state may certify, under his or her seal
7 of office, copies of any record, paper, or document, by law
8 placed in the Chief Financial Officer's Comptroller's custody,
9 keeping, and care; and such certified copy shall have the same
10 force and effect as evidence as the original would have.
11 Section 38. Sections (1) and (3) of section 17.26,
12 Florida Statutes, are amended to read:
13 17.26 Cancellation of state warrants not presented
14 within 1 year.--
15 (1) If any state warrant issued by the Chief Financial
16 Officer or Comptroller against any fund in the State Treasury
17 is not presented for payment within 1 year after the last day
18 of the month in which it was originally issued, the Chief
19 Financial Officer Comptroller may cancel the warrant and
20 credit the amount of the warrant to the fund upon which it is
21 drawn. If the warrant so canceled was issued against a fund
22 that is no longer operative, the amount of the warrant shall
23 be credited to the General Revenue Fund. The Chief Financial
24 Officer Treasurer shall not honor any state warrant after it
25 has been canceled.
26 (3) When a warrant canceled under subsection (1)
27 represents funds that are in whole or in part derived from
28 federal contributions and disposition of the funds under
29 chapter 717 would cause a loss of the federal contributions,
30 the Governor shall certify to the Chief Financial Officer
31 Comptroller that funds represented by such warrants are for
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1 that reason exempt from treatment as unclaimed property.
2 Obligations represented by warrants are unenforceable after 1
3 year from the last day of the month in which the warrant was
4 originally issued. An action may not be commenced thereafter
5 on the obligation unless authorized by the federal program
6 from which the original warrant was funded and unless payment
7 of the obligation is authorized to be made from the current
8 federal funding. When a payee or person entitled to a warrant
9 subject to this paragraph requests payment, and payment from
10 current federal funding is authorized by the federal program
11 from which the original warrant was funded, the Chief
12 Financial Officer Comptroller may, upon investigation, issue a
13 new warrant to be paid out of the proper fund in the State
14 Treasury, provided the payee or other person executes under
15 oath the statement required by s. 17.13 or surrenders the
16 canceled warrant.
17 Section 39. Subsections (1), (2), and (3) of section
18 17.27, Florida Statutes, are amended to read:
19 17.27 Microfilming and destroying records and
20 correspondence.--
21 (1) The Department of Financial Services Banking and
22 Finance may destroy general correspondence files and also any
23 other records which the department may deem no longer
24 necessary to preserve in accordance with retention schedules
25 and destruction notices established under rules of the
26 Division of Library and Information Services, records and
27 information management program, of the Department of State.
28 Such schedules and notices relating to financial records of
29 the department shall be subject to the approval of the Auditor
30 General.
31
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1 (2) The Department of Financial Services Banking and
2 Finance may photograph, microphotograph, or reproduce on film
3 such documents and records as it may select, in such manner
4 that each page will be exposed in exact conformity with the
5 original.
6 (3) The Department of Financial Services Banking and
7 Finance may destroy any of such said documents after they have
8 been photographed and filed in accordance with the provisions
9 of subsection (1).
10 Section 40. Section 17.28, Florida Statutes, is
11 amended to read:
12 17.28 Chief Financial Officer Comptroller may
13 authorize biweekly salary payments.--The Chief Financial
14 Officer Comptroller is authorized and may permit biweekly
15 salary payments to personnel upon written request by a
16 specific state agency. The Chief Financial Officer
17 Comptroller shall adopt promulgate reasonable rules and
18 regulations to carry out the intent of this section.
19 Section 41. Section 17.29, Florida Statutes, is
20 amended to read:
21 17.29 Authority to prescribe rules.--The Chief
22 Financial Officer may Comptroller has authority to adopt rules
23 pursuant to ss. 120.54 and 120.536(1) to implement this
24 chapter and duties assigned by statute or the State
25 Constitution. Such rules may include, but are not limited to,
26 the following:
27 (1) Procedures or policies relating to the processing
28 of payments from salaries, other personal services, or any
29 other applicable appropriation.
30
31
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1 (2) Procedures for processing interagency and
2 intraagency payments which do not require the issuance of a
3 state warrant.
4 Section 42. Section 17.30, Florida Statutes, is
5 amended to read:
6 17.30 Dissemination of information.--The Chief
7 Financial Officer Comptroller may disseminate, in any form or
8 manner he or she considers appropriate, information regarding
9 the Chief Financial Officer's Comptroller's official duties.
10 Section 43. Section 17.32, Florida Statutes, is
11 amended to read:
12 17.32 Annual report of trust funds; duties of Chief
13 Financial Officer Comptroller.--
14 (1) On February 1 of each year, the Chief Financial
15 Officer Comptroller shall present to the President of the
16 Senate and the Speaker of the House of Representatives a
17 report listing all trust funds as defined in s. 215.32. The
18 report shall contain the following data elements for each fund
19 for the preceding fiscal year:
20 (a) The fund code.
21 (b) The title.
22 (c) The fund type according to generally accepted
23 accounting principles.
24 (d) The statutory authority.
25 (e) The beginning cash balance.
26 (f) Direct revenues.
27 (g) Nonoperating revenues.
28 (h) Operating disbursements.
29 (i) Nonoperating disbursements.
30 (j) The ending cash balance.
31
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1 (k) The department and budget entity in which the fund
2 is located.
3 (2) The report shall separately list all funds that
4 received no revenues other than interest earnings or transfers
5 from the General Revenue Fund or from other trust funds during
6 the preceding fiscal year.
7 (3) The report shall separately list all funds that
8 had unencumbered balances in excess of $2 million in each of
9 the 2 preceding fiscal years.
10 Section 44. Section 17.325, Florida Statutes, is
11 amended to read:
12 17.325 Governmental efficiency hotline; duties of
13 Chief Financial Officer Comptroller.--
14 (1) By September 1, 1992, The Chief Financial Officer
15 Comptroller shall establish and operate a statewide toll-free
16 telephone hotline to receive information or suggestions from
17 the citizens of this state on how to improve the operation of
18 government, increase governmental efficiency, and eliminate
19 waste in government. The Chief Financial Officer Comptroller
20 shall report each month to the Appropriations Committee of the
21 House of Representatives and of the Senate the information or
22 suggestions received through the hotline and the evaluations
23 and determinations made by the affected agency, as provided in
24 subsection (3), with respect to such information or
25 suggestions.
26 (2) The Chief Financial Officer Comptroller shall
27 operate the hotline 24 hours a day. The Chief Financial
28 Officer Comptroller shall advertise the availability of the
29 hotline in newspapers of general circulation in this state and
30 shall provide for the posting of notices in conspicuous places
31 in state agency offices, city halls, county courthouses, and
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1 places in which there is exposure to significant numbers of
2 the general public, including, but not limited to, local
3 convenience stores, shopping malls, shopping centers, gasoline
4 stations, or restaurants. The Chief Financial Officer
5 Comptroller shall use the slogan "Tell us where we can 'Get
6 Lean'" for the hotline and in advertisements for the hotline.
7 (3) Each telephone call on the hotline shall be
8 received by the office of the Chief Financial Officer
9 Comptroller, and the office of the Chief Financial Officer
10 Comptroller shall conduct an evaluation to determine if it is
11 appropriate for the telephone call to be processed as a "Get
12 Lean" telephone call. If it is determined that the telephone
13 call should be processed as a "Get Lean" telephone call, a
14 record of each suggestion or item of information received
15 shall be entered into a log kept by the Chief Financial
16 Officer Comptroller. A caller on the hotline may remain
17 anonymous, and, if the caller provides his or her name, the
18 name shall be confidential. If a caller discloses that he or
19 she is a state employee, the Chief Financial Officer
20 Comptroller, in addition to maintaining a record as required
21 by this section, may refer any information or suggestion from
22 the caller to an existing state awards program administered by
23 the affected agency. The affected agency shall conduct a
24 preliminary evaluation of the efficacy of any suggestion or
25 item of information received through the hotline and shall
26 provide the Chief Financial Officer Comptroller with a
27 preliminary determination of the amount of revenues the state
28 might save by implementing the suggestion or making use of the
29 information.
30 (4) Any person who provides any information through
31 the hotline shall be immune from liability for any use of such
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1 information and shall not be subject to any retaliation by any
2 employee of the state for providing such information or making
3 such suggestion.
4 (5) The Chief Financial Officer Comptroller shall
5 adopt any rule necessary to implement the establishment,
6 operation, and advertisement of the hotline.
7 Section 45. Section 17.41, Florida Statutes, is
8 amended to read:
9 17.41 Department of Financial Services Banking and
10 Finance Tobacco Settlement Clearing Trust Fund.--
11 (1) The Department of Financial Services Banking and
12 Finance Tobacco Settlement Clearing Trust Fund is created
13 within that department.
14 (2) Funds to be credited to the Tobacco Settlement
15 Clearing Trust Fund shall consist of payments received by the
16 state from settlement of State of Florida v. American Tobacco
17 Co., No. 95-1466AH (Fla. 15th Cir. Ct. 1996). Moneys received
18 from the settlement and deposited into the trust fund are
19 exempt from the service charges imposed under s. 215.20.
20 (3)(a) Subject to approval of the Legislature, all or
21 any portion of the state's right, title, and interest in and
22 to the tobacco settlement agreement may be sold to the Tobacco
23 Settlement Financing Corporation created pursuant to s.
24 215.56005. Any such sale shall be a true sale and not a
25 borrowing.
26 (b) Any moneys received by the state pursuant to any
27 residual interest retained in the tobacco settlement agreement
28 or the payments to be made under the tobacco settlement
29 agreement shall be deposited into the Tobacco Settlement
30 Clearing Trust Fund.
31
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1 (4) Net proceeds of the sale of the tobacco settlement
2 agreement received by the state shall be immediately deposited
3 into the Lawton Chiles Endowment Fund, created in s. 215.5601,
4 without deposit to the Tobacco Settlement Clearing Trust Fund.
5 (5) The department shall disburse funds, by
6 nonoperating transfer, from the Tobacco Settlement Clearing
7 Trust Fund to the tobacco settlement trust funds of the
8 various agencies in amounts equal to the annual appropriations
9 made from those agencies' trust funds in the General
10 Appropriations Act.
11 (6) Pursuant to the provisions of s. 19(f)(3), Art.
12 III of the State Constitution, the Tobacco Settlement Clearing
13 Trust Fund is exempt from the termination provisions of s.
14 19(f)(2), Art. III of the State Constitution.
15 Section 46. Section 17.43, Florida Statutes, is
16 amended to read:
17 17.43 Chief Financial Officer's Comptroller's Federal
18 Equitable Sharing Trust Fund.--
19 (1) The Chief Financial Officer's Comptroller's
20 Federal Equitable Sharing Trust Fund is created within the
21 Department of Financial Services Banking and Finance. The
22 department may deposit into the trust fund receipts and
23 revenues received as a result of federal criminal,
24 administrative, or civil forfeiture proceedings and receipts
25 and revenues received from federal asset-sharing programs. The
26 trust fund is exempt from the service charges imposed by s.
27 215.20.
28 (2) Notwithstanding the provisions of s. 216.301 and
29 pursuant to s. 216.351, any balance in the trust fund at the
30 end of any fiscal year shall remain in the trust fund at the
31
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1 end of the year and shall be available for carrying out the
2 purposes of the trust fund.
3 Section 47. Section 18.01, Florida Statutes, is
4 transferred, renumbered as section 17.51, Florida Statutes,
5 and amended to read:
6 17.51 18.01 Oath and certificate of Chief Financial
7 Officer Treasurer.--The Chief Financial Officer Treasurer
8 shall, within 10 days before he or she enters upon the duties
9 of office, take and subscribe an oath or affirmation
10 faithfully to discharge the duties of office, which oath or
11 affirmation must be deposited with the Department of State.
12 The Chief Financial Officer Treasurer shall also file with the
13 Department of State a certificate from the Comptroller
14 attesting that the retiring Treasurer or Chief Financial
15 Officer has turned over vouchers for all payments made as
16 required by law, and that the Treasurer's account has been
17 truly credited with the same, and that he or she has filed
18 receipts from his or her successor for all vouchers paid since
19 the end of last quarter, and for balance of cash, and for all
20 bonds and other securities held by the Treasurer or Chief
21 Financial Officer as such, and a certificate from each board
22 of which he or she is made by law ex officio treasurer, that
23 he or she has satisfactorily accounted to such board as its
24 treasurer.
25 Section 48. Section 18.02, Florida Statutes, is
26 transferred, renumbered as section 17.52, Florida Statutes,
27 and amended to read:
28 17.52 18.02 Moneys paid on warrants.--The Division of
29 Treasury Treasurer shall pay all warrants on the treasury
30 drawn by the Chief Financial Officer or Comptroller and other
31 orders by the Chief Financial Officer or Comptroller for the
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1 disbursement of state funds by electronic means or by means of
2 a magnetic tape or any other transfer medium. No moneys shall
3 be paid out of the treasury except on such warrants or other
4 orders of the Chief Financial Officer or Comptroller.
5 Section 49. Section 18.021, Florida Statutes, is
6 transferred, renumbered as section 17.53, Florida Statutes,
7 and amended to read:
8 17.53 18.021 Chief Financial Officer Treasurer to
9 operate personal check-cashing service.--
10 (1) The Chief Financial Officer Treasurer is
11 authorized to operate a personal check-cashing service or a
12 remote financial service unit at the capitol for the benefit
13 of state employees or other responsible persons who properly
14 identify themselves.
15 (2) If a personal check is dishonored or a state
16 warrant is forged and the Chief Financial Officer Treasurer
17 has made diligent but unsuccessful effort to collect and has
18 forwarded the returned check for prosecution by the
19 appropriate state attorney, then he or she may include such
20 amount in his or her budget request to be considered during
21 the next legislative session.
22 Section 50. Section 18.05, Florida Statutes, is
23 transferred, renumbered as section 17.54, Florida Statutes,
24 and amended to read:
25 17.54 18.05 Annual report to Governor.--The Chief
26 Financial Officer Treasurer shall make a report in detail to
27 the Governor, with a copy to the President of the Senate and
28 the Speaker of the House of Representatives as soon after the
29 1st day of July of each year as it is practicable to prepare
30 same of the transactions of the Division of Treasury his or
31 her office for the preceding fiscal year, embracing a
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1 statement of the receipts and payments on account of each of
2 the several funds of which he or she has the care and custody.
3 Section 51. Section 18.06, Florida Statutes, is
4 transferred, renumbered as section 17.55, Florida Statutes,
5 and amended to read:
6 17.55 18.06 Examination by and monthly statements to
7 the Governor.--The office of the Chief Financial Officer
8 Treasurer of this state, and the books, files, documents,
9 records, and papers thereof, shall always be subject to the
10 examination of the Governor of the state, or any person he or
11 she may authorize to examine same. The Chief Financial Officer
12 Treasurer shall exhibit to the Governor monthly a trial
13 balance sheet from the Division of Treasury his or her books
14 and a statement of all the credits, moneys, or effects on hand
15 on the day for which such said trial balance sheet is made,
16 and such said statement accompanying such said trial balance
17 sheet shall particularly describe the exact character of
18 funds, credits, and securities, and shall state in detail the
19 amount which he or she may have representing cash, including
20 any not yet entered upon the books of his or her office, and
21 such statement shall be certified and signed by the Chief
22 Financial Officer Treasurer officially.
23 Section 52. Section 18.07, Florida Statutes, is
24 transferred, renumbered as section 17.555, Florida Statutes,
25 and amended to read:
26 17.555 18.07 Division of Treasury Treasurer to keep
27 record of warrants and of state funds and securities.--The
28 Division of Treasury Treasurer shall keep a record of the
29 warrants or other orders of the Chief Financial Officer
30 Comptroller which the Division of Treasury Treasurer pays and
31 shall account for all state funds and securities.
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1 Section 53. Section 18.091, Florida Statutes, is
2 transferred, renumbered as section 17.556, Florida Statutes,
3 and amended to read:
4 17.556 18.091 Legislative sessions; additional
5 employees.--
6 (1) Hereafter during any period of time the
7 Legislature of Florida may be in actual session, the Chief
8 Financial Officer Treasurer is empowered to employ additional
9 persons to assist in performing the services required of the
10 Chief Financial Officer Treasurer in connection with s.
11 17.53(1) s. 18.021(1). The salaries to be paid such employees
12 of the Chief Financial Officer Treasurer shall not be in
13 excess of the highest salary paid by the House of
14 Representatives or the state Senate for secretarial services;
15 and the salaries for said employees shall begin with the
16 convening of the Legislature in session and shall continue for
17 not more than 7 days after the close of the legislative
18 session; provided, that recesses of the Legislature not in
19 excess of 3 days shall be considered as time during which the
20 Legislature is actually in session.
21 (2) In addition to the regular annual appropriations
22 for the Chief Financial Officer Treasurer, there is hereby
23 appropriated for use of the Chief Financial Officer Treasurer
24 from the General Revenue Fund, from time to time as necessary,
25 sufficient sums to pay the salaries of the above-described
26 employees of the Treasurer.
27 Section 54. Section 18.08, Florida Statutes, is
28 transferred, renumbered as section 17.56, Florida Statutes,
29 and amended to read:
30 17.56 18.08 Division of Treasury Treasurer to turn
31 over to the Division of Accounting and Auditing Comptroller
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1 all warrants paid.--The Division of Treasury Treasurer shall
2 turn over to the Division of Accounting and Auditing
3 Comptroller, through the data service center, all warrants
4 drawn by the Chief Financial Officer or the Comptroller and
5 paid by the Division of Treasury Treasurer. The Said warrants
6 shall be turned over as soon as the Division of Treasury
7 Treasurer shall have recorded such warrants and charged the
8 same against the accounts upon which such warrants are drawn.
9 Section 55. Section 18.10, Florida Statutes, is
10 transferred, renumbered as section 17.57, Florida Statutes,
11 and amended to read:
12 17.57 18.10 Deposits and investments of state money.--
13 (1) The Chief Financial Officer Treasurer, or other
14 parties with the permission of the Chief Financial Officer
15 Treasurer, shall deposit the money of the state or any money
16 in the State Treasury in such qualified public depositories of
17 the state as will offer satisfactory collateral security for
18 such deposits, pursuant to chapter 280. It is the duty of the
19 Chief Financial Officer Treasurer, consistent with the cash
20 requirements of the state, to keep such money fully invested
21 or deposited as provided herein in order that the state may
22 realize maximum earnings and benefits.
23 (2) The Chief Financial Officer Treasurer shall make
24 funds available to meet the disbursement needs of the state.
25 Funds which are not needed for this purpose shall be placed in
26 qualified public depositories that will pay rates established
27 by the Chief Financial Officer Treasurer at levels not less
28 than the prevailing rate for United States Treasury securities
29 with a corresponding maturity. In the event money is available
30 for interest-bearing time deposits or savings accounts as
31 provided herein and qualified public depositories are
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1 unwilling to accept such money and pay thereon the rates
2 established above, then such money which qualified public
3 depositories are unwilling to accept shall be invested in:
4 (a) Direct United States Treasury obligations.
5 (b) Obligations of the Federal Farm Credit Banks.
6 (c) Obligations of the Federal Home Loan Bank and its
7 district banks.
8 (d) Obligations of the Federal Home Loan Mortgage
9 Corporation, including participation certificates.
10 (e) Obligations guaranteed by the Government National
11 Mortgage Association.
12 (f) Obligations of the Federal National Mortgage
13 Association.
14 (g) Commercial paper of prime quality of the highest
15 letter and numerical rating as provided for by at least one
16 nationally recognized rating service.
17 (h) Time drafts or bills of exchange drawn on and
18 accepted by a commercial bank, otherwise known as "bankers
19 acceptances," which are accepted by a member bank of the
20 Federal Reserve System having total deposits of not less than
21 $400 million or which are accepted by a commercial bank which
22 is not a member of the Federal Reserve System with deposits of
23 not less than $400 million and which is licensed by a state
24 government or the Federal Government, and whose senior debt
25 issues are rated in one of the two highest rating categories
26 by a nationally recognized rating service and which are held
27 in custody by a domestic bank which is a member of the Federal
28 Reserve System.
29 (i) Corporate obligations or corporate master notes of
30 any corporation within the United States, if the long-term
31 obligations of such corporation are rated by at least two
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1 nationally recognized rating services in any one of the four
2 highest classifications. However, if such obligations are
3 rated by only one nationally recognized rating service, then
4 the obligations shall be rated in any one of the two highest
5 classifications.
6 (j) Obligations of the Student Loan Marketing
7 Association.
8 (k) Obligations of the Resolution Funding Corporation.
9 (l) Asset-backed or mortgage-backed securities of the
10 highest credit quality.
11 (m) Any obligations not previously listed which are
12 guaranteed as to principal and interest by the full faith and
13 credit of the United States Government or are obligations of
14 United States agencies or instrumentalities which are rated in
15 the highest category by a nationally recognized rating
16 service.
17 (n) Commingled no-load investment funds or no-load
18 mutual funds in which all securities held by the funds are
19 authorized in this subsection.
20 (o) Money market mutual funds as defined and regulated
21 by the Securities and Exchange Commission.
22 (p) Obligations of state and local governments rated
23 in any of the four highest classifications by at least two
24 nationally recognized rating services. However, if such
25 obligations are rated by only one nationally recognized rating
26 service, then the obligations shall be rated in any one of the
27 two highest classifications.
28 (q) Derivatives of investment instruments authorized
29 in paragraphs (a)-(m).
30 (r) Covered put and call options on investment
31 instruments authorized in this subsection for the purpose of
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1 hedging transactions by investment managers to mitigate risk
2 or to facilitate portfolio management.
3 (s) Negotiable certificates of deposit issued by
4 financial institutions whose long-term debt is rated in one of
5 the three highest categories by at least two nationally
6 recognized rating services, the investment in which shall not
7 be prohibited by any provision of chapter 280.
8 (t) Foreign bonds denominated in United States dollars
9 and registered with the Securities and Exchange Commission for
10 sale in the United States, if the long-term obligations of
11 such issuers are rated by at least two nationally recognized
12 rating services in any one of the four highest
13 classifications. However, if such obligations are rated by
14 only one nationally recognized rating service, the obligations
15 shall be rated in any one of the two highest classifications.
16 (u) Convertible debt obligations of any corporation
17 domiciled within the United States, if the convertible debt
18 issue is rated by at least two nationally recognized rating
19 services in any one of the four highest classifications.
20 However, if such obligations are rated by only one nationally
21 recognized rating service, then the obligations shall be rated
22 in any one of the two highest classifications.
23 (v) Securities not otherwise described in this
24 subsection. However, not more than 3 percent of the funds
25 under the control of the Chief Financial Officer Treasurer
26 shall be invested in securities described in this paragraph.
27
28 These investments may be in varying maturities and may be in
29 book-entry form. Investments made pursuant to this subsection
30 may be under repurchase agreement. The Chief Financial Officer
31 may Treasurer is authorized to hire registered investment
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1 advisers and other consultants to assist in investment
2 management and to pay fees directly from investment earnings.
3 Investment securities, proprietary investment services related
4 to contracts, performance evaluation services,
5 investment-related equipment or software used directly to
6 assist investment trading or investment accounting operations
7 including bond calculators, telerates, Bloombergs, special
8 program calculators, intercom systems, and software used in
9 accounting, communications, and trading, and advisory and
10 consulting contracts made under this section are exempt from
11 the provisions of chapter 287.
12 (3) In the event the financial institutions in the
13 state do not make sufficient loan funds available for a
14 residential conservation program pursuant to any plan approved
15 by the Florida Public Service Commission under the Florida
16 Energy Efficiency and Conservation Act, the board may
17 authorize the investment of state funds, except retirement
18 trust funds, in such a loan program at rates not less than
19 prevailing United States Treasury bill rates. However, prior
20 to investment of such funds, the Florida Public Service
21 Commission shall develop a plan which must be approved by the
22 Legislature before implementation.
23 (4) All earnings on any investments made pursuant to
24 this section are hereby appropriated to the General Revenue
25 Fund, except that earnings attributable to moneys made
26 available pursuant to s. 17.61(3) s. 18.125(3)(a) and (b)
27 shall be credited pro rata to the funds from which such moneys
28 were made available.
29 (5) The fact that a municipal officer or a state
30 officer, including an officer of any municipal or state
31 agency, board, bureau, commission, institution, or department,
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1 is a stockholder or an officer or director of a bank or
2 savings and loan association will not bar such bank or savings
3 and loan association from being a depository of funds coming
4 under the jurisdiction of any such municipal officer or state
5 officer if it shall appear in the records of the municipal or
6 state office that the governing body of such municipality or
7 state agency has investigated and determined that such
8 municipal or state officer is not favoring such banks or
9 savings and loan associations over other qualified banks or
10 savings and loan associations.
11 (6) The Chief Financial Officer Treasurer is
12 designated the cash management officer for the state and is
13 charged with the coordination and supervision of procedures
14 providing for the efficient handling of financial assets under
15 the control of the State Treasury and each of the various
16 state agencies, and of the judicial branch, as defined in s.
17 216.011. This responsibility shall include the supervision
18 and approval of all banking relationships. Pursuant to this
19 responsibility, the Chief Financial Officer may Treasurer is
20 authorized to obtain information from financial institutions
21 regarding depository accounts maintained by any agency or
22 institution of the State of Florida.
23 Section 56. Effective July 1, 2003, subsection (4) of
24 section 17.57, Florida Statutes, as amended by this act, is
25 amended to read:
26 17.57 Deposits and investments of state money.--
27 (4) All earnings on any investments made pursuant to
28 this section shall be credited to the General Revenue Fund,
29 except that earnings attributable to moneys made available
30 pursuant to s. 17.61(3) s. 18.125(3) shall be credited pro
31 rata to the funds from which such moneys were made available.
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1 Section 57. Section 18.101, Florida Statutes, is
2 transferred, renumbered as section 17.58, Florida Statutes,
3 and amended to read:
4 17.58 18.101 Deposits of public money outside the
5 State Treasury; revolving funds.--
6 (1) All moneys collected by state agencies, boards,
7 bureaus, commissions, institutions, and departments shall,
8 except as otherwise provided by law, be deposited in the State
9 Treasury. However, when the volume and complexity of
10 collections so justify, the Chief Financial Officer Treasurer
11 may give written approval for such moneys to be deposited in
12 clearing accounts outside the State Treasury in qualified
13 public depositories pursuant to chapter 280. Such deposits
14 shall only be made in depositories designated by the Chief
15 Financial Officer Treasurer. No money may be maintained in
16 such clearing accounts for a period longer than approved by
17 the Chief Financial Officer Treasurer or 40 days, whichever is
18 shorter, prior to its being transmitted to the Chief Financial
19 Officer Treasurer or to an account designated by him or her,
20 distributed to a statutorily authorized account outside the
21 State Treasury, refunded, or transmitted to the Department of
22 Revenue. All depositories so designated shall pledge
23 sufficient collateral to be security for such funds as
24 provided in chapter 280.
25 (2) Revolving funds authorized by the Chief Financial
26 Officer Comptroller for all state agencies, boards, bureaus,
27 commissions, institutions, and departments may be deposited by
28 such agencies, boards, bureaus, commissions, institutions, and
29 departments in qualified public depositories designated by the
30 Chief Financial Officer Treasurer for such revolving fund
31
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1 deposits; and the depositories in which such deposits are made
2 shall pledge collateral security as provided in chapter 280.
3 (3) Notwithstanding the foregoing provisions, clearing
4 and revolving accounts may be established outside the state
5 when necessary to facilitate the authorized operations of any
6 agency, board, bureau, commission, institution, or department.
7 Any of such accounts established in the United States shall be
8 subject to the collateral security requirements of chapter
9 280. Accounts established outside the United States may be
10 exempted from the requirements of chapter 280 as provided in
11 chapter 280; but before any unsecured account is established,
12 the agency requesting or maintaining the account shall
13 recommend a financial institution to the Chief Financial
14 Officer Treasurer for designation to hold the account and
15 shall submit evidence of the financial condition, size,
16 reputation, and relative prominence of the institution from
17 which the Chief Financial Officer Treasurer can reasonably
18 conclude that the institution is financially sound before
19 designating it to hold the account.
20 (4) Each department shall furnish a statement to the
21 Chief Financial Officer Treasurer, on or before the 20th of
22 the month following the end of each calendar quarter, listing
23 each clearing account and revolving fund within that
24 department's jurisdiction. Such statement shall report, as of
25 the last day of the calendar quarter, the cash balance in each
26 revolving fund and that portion of the cash balance in each
27 clearing account that will eventually be deposited to the
28 State Treasury as provided by law. The Chief Financial Officer
29 Treasurer shall show the sum total of state funds in clearing
30 accounts and revolving funds, as most recently reported to the
31 Chief Financial Officer Treasurer by various departments, in
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1 his or her monthly statement to the Governor, pursuant to s.
2 17.55 s. 18.06.
3 Section 58. Section 18.103, Florida Statutes, is
4 transferred, renumbered as section 17.59, Florida Statutes,
5 and amended to read:
6 17.59 18.103 Safekeeping services of Treasurer.--
7 (1) The Chief Financial Officer Treasurer may accept
8 for safekeeping purposes, deposits of cash, securities, and
9 other documents or articles of value from any state agency as
10 defined in s. 216.011, or any county, city, or political
11 subdivision thereof, or other public authority.
12 (2) The Chief Financial Officer Treasurer may, in his
13 or her discretion, establish a fee for processing, servicing,
14 and safekeeping deposits and other documents or articles of
15 value held in the Chief Financial Officer's Treasurer's vaults
16 as requested by the various entities or as provided for by
17 law. Such fee shall be equivalent to the fee charged by
18 financial institutions for processing, servicing, and
19 safekeeping the same types of deposits and other documents or
20 articles of value.
21 (3) The Chief Financial Officer Treasurer shall
22 collect in advance, and persons so served shall pay to the
23 Chief Financial Officer Treasurer in advance, the
24 miscellaneous charges as follows:
25 (a) For copies of documents or records on file with
26 the Chief Financial Officer Treasurer, per page..........$.50.
27 (b) For each certificate of the Chief Financial
28 Officer Treasurer, certified or under the Chief Financial
29 Officer's Treasurer's seal, authenticating any document or
30 other instrument........................................$5.00.
31
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1 (4) All fees collected for the services described in
2 this section shall be deposited in the Treasury Treasurer's
3 Administrative and Investment Trust Fund.
4 Section 59. Section 18.104, Florida Statutes, is
5 transferred, renumbered as section 17.60, Florida Statutes,
6 and amended to read:
7 17.60 18.104 Treasury Cash Deposit Trust Fund.--
8 (1) There is hereby created in the State Treasury the
9 Treasury Cash Deposit Trust Fund. Cash deposits made pursuant
10 to s. 17.59 s. 18.103 shall be deposited into this fund.
11 (2) Interest earned on cash deposited into this fund
12 shall be prorated and paid to the depositing entities.
13 Section 60. Section 18.125, Florida Statutes, is
14 transferred, renumbered as section 17.61, Florida Statutes,
15 and amended to read:
16 17.61 18.125 Chief Financial Officer Treasurer; powers
17 and duties in the investment of certain funds.--
18 (1) The Chief Financial Officer Treasurer, acting with
19 the approval of a majority of the State Board of
20 Administration, shall invest all general revenue funds and all
21 the trust funds and all agency funds of each state agency, and
22 of the judicial branch, as defined in s. 216.011, and may,
23 upon request, invest funds of any statutorily created board,
24 association, or entity, except for the funds required to be
25 invested pursuant to ss. 215.44-215.53, by the procedure and
26 in the authorized securities prescribed in s. 17.57 s. 18.10;
27 for this purpose, the Chief Financial Officer may Treasurer
28 shall be authorized to open and maintain one or more demand
29 and safekeeping accounts in any bank or savings association
30 for the investment and reinvestment and the purchase, sale,
31 and exchange of funds and securities in the accounts. Funds
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1 in such accounts used solely for investments and reinvestments
2 shall be considered investment funds and not funds on deposit,
3 and such funds shall be exempt from the provisions of chapter
4 280. In addition, the securities or investments purchased or
5 held under the provisions of this section and s. 17.57 s.
6 18.10 may be loaned to securities dealers and banks and may be
7 registered by the Chief Financial Officer Treasurer in the
8 name of a third-party nominee in order to facilitate such
9 loans, provided the loan is collateralized by cash or United
10 States government securities having a market value of at least
11 100 percent of the market value of the securities loaned. The
12 Chief Financial Officer Treasurer shall keep a separate
13 account, designated by name and number, of each fund.
14 Individual transactions and totals of all investments, or the
15 share belonging to each fund, shall be recorded in the
16 accounts.
17 (2) By and with the consent and approval of any
18 constitutional board, the judicial branch, or agency now
19 having the constitutional power to make investments and in
20 accordance with this section, the Chief Financial Officer may
21 Treasurer shall have the power to make purchases, sales,
22 exchanges, investments, and reinvestments for and on behalf of
23 any such board.
24 (3)(a) Except as otherwise provided in this
25 subsection, it is the duty of each state agency, and of the
26 judicial branch, now or hereafter charged with the
27 administration of the funds referred to in subsection (1) to
28 make such moneys available for investment as fully as is
29 consistent with the cash requirements of the particular fund
30 and to authorize investment of such moneys by the Chief
31 Financial Officer Treasurer.
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1 (b) Monthly, and more often as circumstances require,
2 such agency or judicial branch shall notify the Chief
3 Financial Officer Treasurer of the amount available for
4 investment; and the moneys shall be invested by the Chief
5 Financial Officer Treasurer. Such notification shall include
6 the name and number of the fund for which the investments are
7 to be made and the life of the investment if the principal sum
8 is to be required for meeting obligations. This subsection,
9 however, shall not be construed to make available for
10 investment any funds other than those referred to in
11 subsection (1).
12 (c) Except as provided in this paragraph and except
13 for moneys described in paragraph (d), the following agencies
14 shall not invest trust fund moneys as provided in this
15 section, but shall retain such moneys in their respective
16 trust funds for investment, with interest appropriated to the
17 General Revenue Fund, pursuant to s. 17.57 s. 18.10:
18 1. The Agency for Health Care Administration, except
19 for the Tobacco Settlement Trust Fund.
20 2. The Department of Children and Family Services,
21 except for:
22 a. The Alcohol, Drug Abuse, and Mental Health Trust
23 Fund.
24 b. The Community Resources Development Trust Fund.
25 c. The Refugee Assistance Trust Fund.
26 d. The Social Services Block Grant Trust Fund.
27 e. The Tobacco Settlement Trust Fund.
28 f. The Working Capital Trust Fund.
29 3. The Department of Community Affairs, only for the
30 Operating Trust Fund.
31 4. The Department of Corrections.
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1 5. The Department of Elderly Affairs, except for:
2 a. The Federal Grants Trust Fund.
3 b. The Tobacco Settlement Trust Fund.
4 6. The Department of Health, except for:
5 a. The Federal Grants Trust Fund.
6 b. The Grants and Donations Trust Fund.
7 c. The Maternal and Child Health Block Grant Trust
8 Fund.
9 d. The Tobacco Settlement Trust Fund.
10 7. The Department of Highway Safety and Motor
11 Vehicles, only for:
12 a. The DUI Programs Coordination Trust Fund.
13 b. The Security Deposits Trust Fund.
14 8. The Department of Juvenile Justice.
15 9. The Department of Labor and Employment Security,
16 only for the Administrative Trust Fund.
17 10. The Department of Law Enforcement.
18 11. The Department of Legal Affairs.
19 12. The Department of State, only for:
20 a. The Grants and Donations Trust Fund.
21 b. The Records Management Trust Fund.
22 13. The Executive Office of the Governor, only for:
23 a. The Economic Development Transportation Trust Fund.
24 b. The Economic Development Trust Fund.
25 14. The Florida Public Service Commission, only for
26 the Florida Public Service Regulatory Trust Fund.
27 15. The Justice Administrative Commission.
28 16. The state courts system.
29 (d) Moneys in any trust funds of the agencies in
30 paragraph (c) may be invested pursuant to the provisions of
31 this section if:
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1 1. Investment of such moneys and the retention of
2 interest is required by federal programs or mandates;
3 2. Investment of such moneys and the retention of
4 interest is required by bond covenants, indentures, or
5 resolutions;
6 3. Such moneys are held by the state in a trustee
7 capacity as an agent or fiduciary for individuals, private
8 organizations, or other governmental units; or
9 4. The Executive Office of the Governor determines,
10 after consultation with the Legislature pursuant to the
11 procedures of s. 216.177, that federal matching funds or
12 contributions or private grants to any trust fund would be
13 lost to the state.
14 (4)(a) There is hereby created in the State Treasury
15 the Treasury Treasurer's Administrative and Investment Trust
16 Fund.
17 (b) The Chief Financial Officer Treasurer shall make
18 an annual assessment of 0.12 percent against the average daily
19 balance of those moneys made available pursuant to this
20 section and 0.2 percent against the average daily balance of
21 those funds requiring investment in a separate account. The
22 proceeds of this assessment shall be deposited in the Treasury
23 Treasurer's Administrative and Investment Trust Fund.
24 (c) The moneys so received and deposited in the fund
25 shall be used by the Chief Financial Officer Treasurer to
26 defray the expense of his or her office in the discharge of
27 the administrative and investment powers and duties prescribed
28 by this section and this chapter, including the maintaining of
29 an office and necessary supplies therefor, essential equipment
30 and other materials, salaries and expenses of required
31 personnel, and all other legitimate expenses relating to the
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1 administrative and investment powers and duties imposed upon
2 and charged to the Chief Financial Officer Treasurer under
3 this section and this chapter. The unencumbered balance in the
4 trust fund at the close of each quarter shall not exceed
5 $750,000. Any funds in excess of this amount shall be
6 transferred unallocated to the General Revenue Fund. However,
7 fees received from deferred compensation participants pursuant
8 to s. 112.215 shall not be transferred to the General Revenue
9 Fund and shall be used to operate the deferred compensation
10 program.
11 (5) The transfer of the powers, duties, and
12 responsibilities of existing state agencies and of the
13 judicial branch made by this section to the Chief Financial
14 Officer Treasurer shall include only the particular powers,
15 duties, and responsibilities hereby transferred, and all other
16 existing powers shall in no way be affected by this section.
17 Section 61. Effective July 1, 2003, subsection (3) of
18 section 17.61, Florida Statutes, as amended by this act, is
19 amended to read:
20 17.61 Chief Financial Officer; powers and duties in
21 the investment of certain funds.--
22 (3)(a) It is the duty of each state agency, and of the
23 judicial branch, now or hereafter charged with the
24 administration of the funds referred to in subsection (1) to
25 make such moneys available for investment as fully as is
26 consistent with the cash requirements of the particular fund
27 and to authorize investment of such moneys by the Chief
28 Financial Officer Treasurer.
29 (b) Monthly, and more often as circumstances require,
30 such agency or judicial branch shall notify the Chief
31 Financial Officer Treasurer of the amount available for
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1 investment; and the moneys shall be invested by the Chief
2 Financial Officer Treasurer. Such notification shall include
3 the name and number of the fund for which the investments are
4 to be made and the life of the investment if the principal sum
5 is to be required for meeting obligations. This subsection,
6 however, shall not be construed to make available for
7 investment any funds other than those referred to in
8 subsection (1).
9 Section 62. Section 18.15, Florida Statutes, is
10 transferred, renumbered as section 17.62, Florida Statutes,
11 and amended to read:
12 17.62 18.15 Interest on state moneys deposited; when
13 paid.--Interest on state moneys deposited in qualified public
14 depositories under s. 17.57 s. 18.10 shall be payable to the
15 Chief Financial Officer Treasurer quarterly or semiannually.
16 Section 63. Section 18.17, Florida Statutes, is
17 transferred, renumbered as section 17.63, Florida Statutes,
18 and amended to read:
19 17.63 18.17 Chief Financial Officer Treasurer not to
20 issue evidences of indebtedness.--It is not lawful for the
21 Chief Financial Officer Treasurer of this state to issue any
22 treasury certificates, or any other evidences of indebtedness,
23 for any purpose whatever, and the Chief Financial Officer
24 Treasurer is prohibited from issuing the same.
25 Section 64. Section 18.20, Florida Statutes, is
26 transferred, renumbered as section 17.64, Florida Statutes,
27 and amended to read:
28 17.64 18.20 Division of Treasury Treasurer to make
29 reproductions of certain warrants, records, and documents.--
30 (1) All vouchers or checks heretofore or hereafter
31 drawn by appropriate court officials of the several counties
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1 of the state against money deposited with the Treasurer under
2 the provisions of s. 43.17, and paid by the Treasurer, may be
3 photographed, microphotographed, or reproduced on film by the
4 Treasurer. Such photographic film shall be durable material
5 and the device used to so reproduce such warrants, vouchers,
6 or checks shall be one which accurately reproduces the
7 originals thereof in all detail; and such photographs,
8 microphotographs, or reproductions on film shall be placed in
9 conveniently accessible and identified files and shall be
10 preserved by the Treasurer as a part of the permanent records
11 of office. When any such warrants, vouchers, or checks have
12 been so photographed, microphotographed, or reproduced on
13 film, and the photographs, microphotographs, or reproductions
14 on film thereof have been placed in files as a part of the
15 permanent records of the office of the Treasurer as aforesaid,
16 the Treasurer is authorized to return such warrants, vouchers,
17 or checks to the offices of the respective county officials
18 who drew the same and such warrants, vouchers, or checks shall
19 be retained and preserved in such offices to which returned as
20 a part of the permanent records of such offices.
21 (1)(2) Such Photographs, microphotographs, or
22 reproductions on film of said warrants, vouchers, or checks
23 shall be deemed to be original records for all purposes; and
24 any copy or reproduction thereof made from such original film,
25 duly certified by the Division of Treasury Treasurer as a true
26 and correct copy or reproduction made from such film, shall be
27 deemed to be a transcript, exemplification or certified copy
28 of the original warrant, voucher, or check such copy
29 represents, and shall in all cases and in all courts and
30 places be admitted and received in evidence with the like
31 force and effect as the original thereof might be.
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1 (2)(3) The Division of Treasury may Treasurer is also
2 hereby authorized to photograph, microphotograph, or reproduce
3 on film, all records and documents of the division said
4 office, as the Chief Financial Officer Treasurer may, in his
5 or her discretion, selects select; and the division may said
6 Treasurer is hereby authorized to destroy any such of the said
7 documents or records after they have been photographed and
8 filed and after audit of the division Treasurer's office has
9 been completed for the period embracing the dates of such said
10 documents and records.
11 (3)(4) Photographs or microphotographs in the form of
12 film or prints of any records made in compliance with the
13 provisions of this section shall have the same force and
14 effect as the originals thereof would have, and shall be
15 treated as originals for the purpose of their admissibility in
16 evidence. Duly certified or authenticated reproductions of
17 such photographs or microphotographs shall be admitted in
18 evidence equally with the original photographs or
19 microphotographs.
20 Section 65. Section 18.23, Florida Statutes, is
21 transferred, renumbered as section 17.65, Florida Statutes,
22 and amended to read:
23 17.65 18.23 Chief Financial Officer Treasurer to
24 prescribe forms.--The Chief Financial Officer Treasurer may
25 prescribe the forms, and the manner of keeping the same, for
26 all receipts, credit advices, abstracts, reports, and other
27 papers furnished the Chief Financial Officer Treasurer by the
28 officers of this state or other persons or entities as a
29 result of their having, or depositing, state moneys.
30
31
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1 Section 66. Section 18.24, Florida Statutes, is
2 transferred, renumbered as section 17.66, Florida Statutes,
3 and amended to read:
4 17.66 18.24 Securities in book-entry form.--Any
5 security that which:
6 (1)(a) Is eligible to be held in book-entry form on
7 the books of the Federal Reserve Book-Entry System; or
8 (b) Is eligible for deposit in a depository trust
9 clearing system established to hold and transfer securities by
10 computerized book-entry systems; and which
11 (2)(a) Is held in the name of the Chief Financial
12 Officer, in the name of the State Treasurer, or in the name of
13 the State Insurance Commissioner; or
14 (b) Is pledged to the Chief Financial Officer, to the
15 State Treasurer, or to the State Insurance Commissioner;
16
17 under any state law for any purpose whatsoever, may be held in
18 book-entry form on the books of the Federal Reserve Book-Entry
19 System or on deposit in a depository trust clearing system.
20 Section 67. Subsection (3) of section 20.04, Florida
21 Statutes, is amended to read:
22 20.04 Structure of executive branch.--The executive
23 branch of state government is structured as follows:
24 (3) For their internal structure, all departments,
25 except for the Department of Financial Services Banking and
26 Finance, the Department of Children and Family Services, the
27 Department of Corrections, the Department of Management
28 Services, the Department of Revenue, and the Department of
29 Transportation, must adhere to the following standard terms:
30 (a) The principal unit of the department is the
31 "division." Each division is headed by a "director."
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1 (b) The principal unit of the division is the
2 "bureau." Each bureau is headed by a "chief."
3 (c) The principal unit of the bureau is the "section."
4 Each section is headed by an "administrator."
5 (d) If further subdivision is necessary, sections may
6 be divided into "subsections," which are headed by
7 "supervisors."
8 Section 68. Subsection (1) and paragraph (h) of
9 subsection (5) of section 20.055, Florida Statutes, are
10 amended to read:
11 20.055 Agency inspectors general.--
12 (1) For the purposes of this section:
13 (a) "State agency" means each department created
14 pursuant to this chapter, and also includes the Executive
15 Office of the Governor, the Department of Military Affairs,
16 the Board of Regents, the Fish and Wildlife Conservation
17 Commission, the Office of Insurance Regulation of the
18 Financial Services Commission, the Office of Financial
19 Regulation of the Financial Services Commission, the Public
20 Service Commission, and the state courts system.
21 (b) "Agency head" means the Governor, a Cabinet
22 officer, a secretary as defined in s. 20.03(5), or an
23 executive director as defined in s. 20.03(6). It also includes
24 the chair of the Public Service Commission, the Director of
25 the Office of Insurance Regulation of the Financial Services
26 Commission, the Director of the Office of Financial Regulation
27 of the Financial Services Commission, and the Chief Justice of
28 the State Supreme Court.
29 (5) In carrying out the auditing duties and
30 responsibilities of this act, each inspector general shall
31 review and evaluate internal controls necessary to ensure the
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1 fiscal accountability of the state agency. The inspector
2 general shall conduct financial, compliance, electronic data
3 processing, and performance audits of the agency and prepare
4 audit reports of his or her findings. The scope and assignment
5 of the audits shall be determined by the inspector general;
6 however, the agency head may at any time direct the inspector
7 general to perform an audit of a special program, function, or
8 organizational unit. The performance of the audit shall be
9 under the direction of the inspector general, except that if
10 the inspector general does not possess the qualifications
11 specified in subsection (4), the director of auditing shall
12 perform the functions listed in this subsection.
13 (h) The inspector general shall develop long-term and
14 annual audit plans based on the findings of periodic risk
15 assessments. The plan, where appropriate, should include
16 postaudit samplings of payments and accounts. The plan shall
17 show the individual audits to be conducted during each year
18 and related resources to be devoted to the respective audits.
19 The Chief Financial Officer Comptroller, to assist in
20 fulfilling the responsibilities for examining, auditing, and
21 settling accounts, claims, and demands pursuant to s.
22 17.03(1), and examining, auditing, adjusting, and settling
23 accounts pursuant to s. 17.04, may utilize audits performed by
24 the inspectors general and internal auditors. For state
25 agencies under the Governor, the audit plans shall be
26 submitted to the Governor's Chief Inspector General. The plan
27 shall be submitted to the agency head for approval. A copy of
28 the approved plan shall be submitted to the Auditor General.
29 Section 69. Section 20.121, Florida Statutes, is
30 amended to read:
31
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1 20.121 Department of Financial Services.--There is
2 created a Department of Financial Services.
3 (1) DEPARTMENT HEAD.--The head of the Department of
4 Financial Services is the Chief Financial Officer.
5 (2) DIVISIONS.--The Department of Financial Services
6 shall consist of the following divisions:
7 (a) The Division of Accounting and Auditing, which
8 shall include the following bureau and office:
9 1. The Bureau of Unclaimed Property.
10 2. The Office of Fiscal Integrity which shall function
11 as a criminal justice agency for purposes of ss.
12 943.045-943.08 and shall have a separate budget. The office
13 may conduct investigations within or outside this state as the
14 bureau deems necessary to aid in the enforcement of this
15 section. If during an investigation the office has reason to
16 believe that any criminal law of this state has or may have
17 been violated, the office shall refer any records tending to
18 show such violation to state or federal law enforcement or
19 prosecutorial agencies and shall provide investigative
20 assistance to those agencies as required.
21 (b) The Division of State Fire Marshal.
22 (c) The Division of Risk Management.
23 (d) The Division of Treasury, which shall include a
24 Bureau of Deferred Compensation responsible for administering
25 the Government Employees Deferred Compensation Plan
26 established under s. 112.215 for state employees.
27 (e) The Division of Insurance Fraud.
28 (f) The Division of Rehabilitation and Liquidation.
29 (g) The Division of Insurance Agents and Agency
30 Services.
31
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1 (h) The Division of Consumer Services, which shall
2 include a Bureau of Funeral and Cemetery Services.
3 1. The Division of Consumer Services shall perform the
4 following functions concerning products or services regulated
5 by the Department of Financial Services or by either office of
6 the Financial Services Commission:
7 a. Receive inquiries and complaints from consumers;
8 b. Prepare and disseminate such information as the
9 department deems appropriate to inform or assist consumers;
10 c. Provide direct assistance and advocacy for
11 consumers who request such assistance or advocacy;
12 d. With respect to apparent or potential violations of
13 law or applicable rules by a person or entity licensed by the
14 department or by either office of the commission, report such
15 apparent or potential violation to the appropriate division of
16 the department or office of the commission, which may take
17 such further action as it deems appropriate.
18 2. Any person licensed or issued a certificate of
19 authority by the department or by the Office of Insurance
20 Regulation shall respond, in writing, to the Division of
21 Consumer Services within 20 days after receipt of a written
22 request for information from the division concerning a
23 consumer complaint. The response must address the issues and
24 allegations raised in this complaint. The division may, in its
25 discretion, impose an administrative penalty for failure to
26 comply with this sub-paragraph in an amount up to $2,500 per
27 violation upon any entity licensed by the department or the
28 Office of Insurance Regulation and $250 for the first
29 violation, $500 for the second violation and up to $1,000 per
30 violation thereafter upon any individual licensed by the
31 department or the Office of Insurance Regulation.
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1 3. The department may adopt rules to implement the
2 provisions of this paragraph.
3 4. The powers, duties, and responsibilities expressed
4 or granted in this paragraph shall not limit the powers,
5 duties, and responsibilities of the Department of Financial
6 Services, the Financial Services Commission, the Office of
7 Insurance Regulation, or the Office of Financial Regulation
8 set forth elsewhere in the Florida Statutes.
9 (i) The Division of Workers' Compensation.
10 (j) The Division of Administration.
11 (k) The Division of Legal Services.
12 (l) The Division of Information Systems.
13 (m) The Office of Insurance Consumer Advocate.
14 (3) FINANCIAL SERVICES COMMISSION.--Effective January
15 7, 2003, there is created within the Department of Financial
16 Services the Financial Services Commission, composed of the
17 Governor, the Attorney General, the Chief Financial Officer,
18 and the Commissioner of Agriculture, which shall for purposes
19 of this section be referred to as the commission. Commission
20 members shall serve as agency head of the Financial Services
21 Commission. The commission shall be a separate budget entity
22 and shall be exempt from the provisions of s. 20.052.
23 Commission action shall be by majority vote consisting of at
24 least three affirmative votes. The commission shall not be
25 subject to control, supervision, or direction by the
26 Department of Financial Services in any manner, including
27 purchasing, transactions involving real or personal property,
28 personnel, or budgetary matters.
29 (a) Structure.--The major structural unit of the
30 commission is the office. Each office shall be headed by a
31 director. The following offices are established:
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1 1. The Office of Insurance Regulation, which shall be
2 responsible for all activities concerning insurers and other
3 risk bearing entities, including licensing, rates, policy
4 forms, market conduct, claims, adjusters, issuance of
5 certificates of authority, solvency, viatical settlements,
6 premium financing, and administrative supervision, as provided
7 under the insurance code or chapter 636. The head of the
8 Office of Insurance Regulation is the Director of the Office
9 of Insurance Regulation.
10 2. The Office of Financial Institutions and Securities
11 Regulation, which shall be responsible for all activities of
12 the Financial Services Commission relating to the regulation
13 of banks, credit unions, other financial institutions, finance
14 companies, and the securities industry. The head of the
15 office is the Director of the Office of Financial Institutions
16 and Securities Regulation. The Office of Financial
17 Institutions and Securities Regulation shall include a Bureau
18 of Financial Investigations, which shall function as a
19 criminal justice agency for purposes of ss. 943.045-943.08 and
20 shall have a separate budget. The bureau may conduct
21 investigations within or outside this state as the bureau
22 deems necessary to aid in the enforcement of this section. If,
23 during an investigation, the office has reason to believe that
24 any criminal law of this state has or may have been violated,
25 the office shall refer any records tending to show such
26 violation to state or federal law enforcement or prosecutorial
27 agencies and shall provide investigative assistance to those
28 agencies as required.
29 (b) Organization.--The commission shall establish by
30 rule any additional organizational structure of the offices.
31 It is the intent of the Legislature to provide the commission
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1 with the flexibility to organize the offices in any manner
2 they determine appropriate to promote both efficiency and
3 accountability.
4 (c) Powers.--Commission members shall serve as the
5 agency head for purposes of rulemaking under ss.
6 120.536-120.565 by the commission and all subunits of the
7 commission. Each director is agency head for purposes of
8 final agency action under chapter 120 for all areas within the
9 regulatory authority delegated to the director's office.
10 (d) Appointment and qualifications of directors.--The
11 commission shall appoint or remove each director by a majority
12 vote consisting of at least three affirmative votes, with both
13 the Governor and the Chief Financial Officer on the prevailing
14 side. The minimum qualifications of the directors are as
15 follows:
16 1. Prior to appointment as director, the Director of
17 the Office of Insurance Regulation must have had, within the
18 previous 10 years, at least 5 years of responsible private
19 sector experience working full time in areas within the scope
20 of the subject matter jurisdiction of the Office of Insurance
21 Regulation or at least 5 years of experience as a senior
22 examiner or other senior employee of a state or federal agency
23 having regulatory responsibility over insurers or insurance
24 agencies.
25 2. Prior to appointment as director, the Director of
26 the Office of Financial Institutions and Securities Regulation
27 must have had, within the previous 10 years, at least 5 years
28 of responsible private sector experience working full time in
29 areas within the subject matter jurisdiction of the Office of
30 Financial Institutions and Securities Regulation or at least 5
31 years of experience as a senior examiner or other senior
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1 employee of a state or federal agency having regulatory
2 responsibility over financial institutions, finance companies,
3 or securities companies.
4 (e) Administrative support.--The offices shall have a
5 sufficient number of attorneys, examiners, investigators,
6 other professional personnel to carry out their
7 responsibilities and administrative personnel as determined
8 annually in the appropriations process. The Department of
9 Financial Services shall provide administrative and
10 information systems support to the offices.
11 (f) The commission and the offices may destroy general
12 correspondence files and also any other records that they deem
13 no longer necessary to preserve in accordance with retention
14 schedules and destruction notices established under rules of
15 the Division of Library and Information Services, records and
16 information management program, of the Department of State.
17 Such schedules and notices relating to financial records of
18 the commission and offices shall be subject to the approval of
19 the Auditor General.
20 (g) The commission and offices may photograph,
21 microphotograph, or reproduce on film such documents and
22 records as they may select, in such manner that each page will
23 be exposed in exact conformity with the original. After
24 reproduction and filing, original documents and records may be
25 destroyed in accordance with the provisions of paragraph (f).
26 Section 70. Section 20.195, Florida Statutes, is
27 amended to read:
28 20.195 Department of Children and Family Services
29 Tobacco Settlement Trust Fund.--
30 (1) The Department of Children and Family Services
31 Tobacco Settlement Trust Fund is created within that
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1 department. Funds to be credited to the trust fund shall
2 consist of funds disbursed, by nonoperating transfer, from the
3 Department of Financial Services Banking and Finance Tobacco
4 Settlement Clearing Trust Fund in amounts equal to the annual
5 appropriations made from this trust fund.
6 (2) Notwithstanding the provisions of s. 216.301 and
7 pursuant to s. 216.351, any unencumbered balance in the trust
8 fund at the end of any fiscal year and any encumbered balance
9 remaining undisbursed on December 31 of the same calendar year
10 shall revert to the Department of Financial Services Banking
11 and Finance Tobacco Settlement Clearing Trust Fund.
12 Section 71. Section 20.425, Florida Statutes, is
13 amended to read:
14 20.425 Agency for Health Care Administration Tobacco
15 Settlement Trust Fund.--
16 (1) The Agency for Health Care Administration Tobacco
17 Settlement Trust Fund is created within the agency. Funds to
18 be credited to the trust fund shall consist of funds
19 disbursed, by nonoperating transfer, from the Department of
20 Financial Services Banking and Finance Tobacco Settlement
21 Clearing Trust Fund in amounts equal to the annual
22 appropriations made from this trust fund.
23 (2) Notwithstanding the provisions of s. 216.301 and
24 pursuant to s. 216.351, any unencumbered balance in the trust
25 fund at the end of any fiscal year and any encumbered balance
26 remaining undisbursed on December 31 of the same calendar year
27 shall revert to the Department of Financial Services Banking
28 and Finance Tobacco Settlement Clearing Trust Fund.
29 Section 72. Paragraph (g) of subsection (1) of section
30 20.435, Florida Statutes, is amended to read:
31 20.435 Department of Health; trust funds.--
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1 (1) The following trust funds are hereby created, to
2 be administered by the Department of Health:
3 (g) Department of Health Tobacco Settlement Trust
4 Fund.
5 1. Funds to be credited to the trust fund shall
6 consist of funds disbursed, by nonoperating transfer, from the
7 Department of Financial Services Banking and Finance Tobacco
8 Settlement Clearing Trust Fund in amounts equal to the annual
9 appropriations made from this trust fund.
10 2. Notwithstanding the provisions of s. 216.301 and
11 pursuant to s. 216.351, any unencumbered balance in the trust
12 fund at the end of any fiscal year and any encumbered balance
13 remaining undisbursed on December 31 of the same calendar year
14 shall revert to the Department of Financial Services Banking
15 and Finance Tobacco Settlement Clearing Trust Fund.
16 Section 73. Subsection (4) of section 24.105, Florida
17 Statutes, is amended to read:
18 24.105 Powers and duties of department.--The
19 department shall:
20 (4) Submit monthly and annual reports to the Governor,
21 the Chief Financial Officer Treasurer, the President of the
22 Senate, and the Speaker of the House of Representatives
23 disclosing the total lottery revenues, prize disbursements,
24 and other expenses of the department during the preceding
25 month. The annual report shall additionally describe the
26 organizational structure of the department, including its
27 hierarchical structure, and shall identify the divisions and
28 bureaus created by the secretary and summarize the
29 departmental functions performed by each.
30 Section 74. Subsection (5) of section 24.111, Florida
31 Statutes, is amended to read:
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1 24.111 Vendors; disclosure and contract
2 requirements.--
3 (5) Each vendor in a major procurement in excess of
4 $25,000, and any other vendor if the department deems it
5 necessary to protect the state's financial interest, shall, at
6 the time of executing the contract with the department, post
7 an appropriate bond with the department in an amount
8 determined by the department to be adequate to protect the
9 state's interests, but not higher than the full amount
10 estimated to be paid annually to the vendor under the
11 contract. In lieu of the bond, a vendor may, to assure the
12 faithful performance of its obligations, file with the
13 department an irrevocable letter of credit acceptable to the
14 department in an amount determined by the department to be
15 adequate to protect the state's interests or deposit and
16 maintain with the Chief Financial Officer Treasurer securities
17 that are interest bearing or accruing and that, with the
18 exception of those specified in paragraphs (a) and (b), are
19 rated in one of the four highest classifications by an
20 established nationally recognized investment rating service.
21 Securities eligible under this subsection shall be limited to:
22 (a) Certificates of deposit issued by solvent banks or
23 savings associations organized and existing under the laws of
24 this state or under the laws of the United States and having
25 their principal place of business in this state.
26 (b) United States bonds, notes, and bills for which
27 the full faith and credit of the government of the United
28 States is pledged for the payment of principal and interest.
29 (c) General obligation bonds and notes of any
30 political subdivision of the state.
31
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1 (d) Corporate bonds of any corporation that is not an
2 affiliate or subsidiary of the depositor.
3
4 Such securities shall be held in trust and shall have at all
5 times a market value at least equal to an amount determined by
6 the department to be adequate to protect the state's
7 interests, which amount shall not be set higher than the full
8 amount estimated to be paid annually to the vendor under
9 contract.
10 Section 75. Paragraph (b) of subsection (9) of section
11 24.112, Florida Statutes, is amended to read:
12 24.112 Retailers of lottery tickets.--
13 (9)
14 (b) In lieu of such bond, the department may purchase
15 blanket bonds covering all or selected retailers or may allow
16 a retailer to deposit and maintain with the Chief Financial
17 Officer Treasurer securities that are interest bearing or
18 accruing and that, with the exception of those specified in
19 subparagraphs 1. and 2., are rated in one of the four highest
20 classifications by an established nationally recognized
21 investment rating service. Securities eligible under this
22 paragraph shall be limited to:
23 1. Certificates of deposit issued by solvent banks or
24 savings associations organized and existing under the laws of
25 this state or under the laws of the United States and having
26 their principal place of business in this state.
27 2. United States bonds, notes, and bills for which the
28 full faith and credit of the government of the United States
29 is pledged for the payment of principal and interest.
30 3. General obligation bonds and notes of any political
31 subdivision of the state.
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1 4. Corporate bonds of any corporation that is not an
2 affiliate or subsidiary of the depositor.
3
4 Such securities shall be held in trust and shall have at all
5 times a market value at least equal to an amount required by
6 the department.
7 Section 76. Subsections (3) and (4) of section 24.120,
8 Florida Statutes, are amended to read:
9 24.120 Financial matters; Administrative Trust Fund;
10 interagency cooperation.--
11 (3) Any action required by law to be taken by the
12 Chief Financial Officer State Treasurer or the Comptroller
13 shall be taken within 2 business days after the department's
14 request therefor. If the request for such action is not
15 approved or rejected within such period, the request shall be
16 deemed to be approved. The department shall reimburse the
17 Chief Financial Officer State Treasurer or the Comptroller for
18 any additional costs involved in providing the level of
19 service required by this subsection.
20 (4) The department shall cooperate with the Chief
21 Financial Officer State Treasurer, the Comptroller, the
22 Auditor General, and the Office of Program Policy Analysis and
23 Government Accountability by giving employees designated by
24 any of them access to facilities of the department for the
25 purpose of efficient compliance with their respective
26 responsibilities.
27 Section 77. Subsection (5) of section 25.241, Florida
28 Statutes, is amended to read:
29 25.241 Clerk of Supreme Court; compensation;
30 assistants; filing fees, etc.--
31
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1 (5) The Clerk of the Supreme Court is hereby required
2 to prepare a statement of all fees collected in duplicate each
3 month and remit one copy of such said statement, together with
4 all fees collected by him or her, to the Chief Financial
5 Officer State Treasurer, who shall place the same to the
6 credit of the General Revenue Fund.
7 Section 78. Section 26.39, Florida Statutes, is
8 amended to read:
9 26.39 Penalty for nonattendance of judge.--Whenever
10 such default shall occur, the clerk of the court (unless such
11 judge shall file his or her reasons for such default as
12 hereinbefore provided) shall certify the fact, under his or
13 her official signature and seal, to the Chief Financial
14 Officer Comptroller of the state, who shall deduct from the
15 warrants on the Treasurer, thereafter to be issued in favor of
16 the judge making such default, the sum of $100 as aforesaid
17 for every such default.
18 Section 79. Section 27.08, Florida Statutes, is
19 amended to read:
20 27.08 State claims; surrender of papers to
21 successor.--Upon the qualification of the successor of any
22 state attorney, the state attorney going out of office shall
23 deliver to his or her successor a statement of all cases for
24 the collection of money in favor of the state under his or her
25 control and the papers connected with the same, and take his
26 or her receipt for the same, which receipt, when filed with
27 the Department of Financial Services Banking and Finance,
28 shall release such state attorney from any further liability
29 to the state upon the claims receipted for; and the state
30 attorney receiving the claims shall be liable in all respects
31 for the same, as provided against state attorneys in s. 17.20.
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1 Section 80. Section 27.10, Florida Statutes, is
2 amended to read:
3 27.10 Obligation as to claims; how discharged.--The
4 charges mentioned in s. 17.20 shall be evidence of
5 indebtedness on the part of any state attorney against whom
6 any charge is made for the full amount of such claim to the
7 state until the same shall be collected and paid into the
8 treasury or sued to insolvency, which fact of insolvency shall
9 be certified by the circuit judge of his or her circuit,
10 unless the said state attorney makes shall make it fully
11 appear to the Department of Financial Services Banking and
12 Finance that the failure to collect the same did not result
13 from his or her neglect.
14 Section 81. Section 27.11, Florida Statutes, is
15 amended to read:
16 27.11 Report upon claims committed to state
17 attorney.--The state attorney shall make a report to the Chief
18 Financial Officer Comptroller on the first Monday in January
19 and July in each and every year of the condition of all claims
20 placed in his or her hands or which the state attorney may
21 have been required to prosecute and collect, whether the same
22 is in suit or in judgment, or collected, and the probable
23 solvency or insolvency of claims not collected, and shall at
24 the same time pay over all moneys which he or she may have
25 collected belonging to the state; and the Chief Financial
26 Officer Comptroller shall not audit or allow any claim which
27 any state attorney may have against the state for services
28 until he or she makes the report herein required.
29 Section 82. Subsection (1) of section 27.12, Florida
30 Statutes, is amended to read:
31 27.12 Power to compromise.--
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1 (1) The state attorney may, with the approval of the
2 Department of Financial Services Banking and Finance,
3 compromise and settle all judgments, claims, and demands in
4 favor of the state in his or her circuit against defaulting
5 collectors of revenue, sheriffs and other officers, and the
6 sureties on their bonds, on such terms as the state attorney
7 may deem equitable and proper.
8 Section 83. Section 27.13, Florida Statutes, is
9 amended to read:
10 27.13 Completion of compromise.--The state attorney
11 shall, on agreeing to any compromise or settlement, report the
12 same to the Department of Financial Services Banking and
13 Finance for its approval; and, on its approving such
14 compromise or settlement, the said state attorney, on a
15 compliance with the terms of such compromise or settlement
16 shall give a receipt to the collector of revenue, sheriff or
17 other officer, or the sureties on their bonds, or to the legal
18 representatives, which receipt shall be a discharge from all
19 judgments, claims or demands of the state against such
20 collector of revenue or other officer, or the sureties on
21 their bonds.
22 Section 84. Subsection (4) of section 27.34, Florida
23 Statutes, is amended to read:
24 27.34 Salaries and other related costs of state
25 attorneys' offices; limitations.--
26 (4) Notwithstanding s. 27.25, the Chief Financial
27 Officer Insurance Commissioner may contract with the state
28 attorney of any judicial circuit of the state for the
29 prosecution of criminal violations of the Workers'
30 Compensation Law and related crimes and may contribute funds
31 for such purposes. Such contracts may provide for the
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1 training, salary, and expenses of one or more assistant state
2 attorneys used in the prosecution of such crimes.
3 Section 85. Section 27.3455, Florida Statutes, is
4 amended to read:
5 27.3455 Annual statement of certain revenues and
6 expenditures.--
7 (1) Each county shall submit annually to the Chief
8 Financial Officer Comptroller a statement of revenues and
9 expenditures as set forth in this section in the form and
10 manner prescribed by the Chief Financial Officer Comptroller
11 in consultation with the Legislative Committee on
12 Intergovernmental Relations, provided that such statement
13 identify total county expenditures on:
14 (a) Medical examiner services.
15 (b) County victim witness programs.
16 (c) Each of the services outlined in ss. 27.34(2) and
17 27.54(3).
18 (d) Appellate filing fees in criminal cases in which
19 an indigent defendant appeals a judgment of a county or
20 circuit court to a district court of appeal or the Florida
21 Supreme Court.
22 (e) Other court-related costs of the state attorney
23 and public defender that were paid by the county where such
24 costs were included in a judgment or order rendered by the
25 trial court against the county.
26
27 Such statement also shall identify the revenues provided by s.
28 938.05(1) that were used to meet or reimburse the county for
29 such expenditures.
30 (2)(a) Within 6 months of the close of the local
31 government fiscal year, each county shall submit to the Chief
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1 Financial Officer Comptroller a statement of compliance from
2 its independent certified public accountant, engaged pursuant
3 to s. 218.39, that the certified statement of expenditures was
4 in accordance with ss. 27.34(2), 27.54(3), and this section.
5 All discrepancies noted by the independent certified public
6 accountant shall be included in the statement furnished by the
7 county to the Chief Financial Officer Comptroller.
8 (b) If Should the Chief Financial Officer determines
9 Comptroller determine that additional auditing procedures are
10 appropriate because:
11 1. The county failed to submit timely its annual
12 statement;
13 2. Discrepancies were noted by the independent
14 certified public accountant; or
15 3. The county failed to file before March 31 of each
16 year the certified public accountant statement of compliance,
17 the Chief Financial Officer may Comptroller is hereby
18 authorized to send his or her personnel or to contract for
19 services to bring the county into compliance. The costs
20 incurred by the Chief Financial Officer Comptroller shall be
21 paid promptly by the county upon certification by the Chief
22 Financial Officer Comptroller.
23 (c) Where the Chief Financial Officer Comptroller
24 elects to utilize the services of an independent contractor,
25 such certification by the Chief Financial Officer Comptroller
26 may require the county to make direct payment to a contractor.
27 Any funds owed by a county in such matters shall be recovered
28 pursuant to s. 17.04 or s. 17.041.
29 (3) The priority for the allocation of funds collected
30 pursuant to s. 938.05(1) shall be as follows:
31
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1 (a) Reimbursement to the county for actual county
2 expenditures incurred in providing the state attorney and
3 public defender the services outlined in ss. 27.34(2) and
4 27.54(3), with the exception of office space, utilities, and
5 custodial services.
6 (b) At the close of the local government fiscal year,
7 funds remaining on deposit in the special trust fund of the
8 county after reimbursements have been made pursuant to
9 paragraph (a) shall be reimbursed to the county for actual
10 county expenditures made in support of the operations and
11 services of medical examiners, including the costs associated
12 with the investigation of state prison inmate deaths. Special
13 county trust fund revenues used to reimburse the county for
14 medical examiner expenditures in any year shall not exceed $1
15 per county resident.
16 (c) At the close of the local government fiscal year,
17 counties establishing or having in existence a comprehensive
18 victim-witness program which meets the standards set by the
19 Crime Victims' Services Office shall be eligible to receive 50
20 percent matching moneys from the balance remaining in the
21 special trust fund after reimbursements have been made
22 pursuant to paragraphs (a) and (b). Special trust fund moneys
23 used in any year to supplement such programs shall not exceed
24 25 cents per county resident.
25 (d) At the close of the local government fiscal year,
26 funds remaining in the special trust fund after reimbursements
27 have been made pursuant to paragraphs (a), (b), and (c) shall
28 be used to reimburse the county for county costs incurred in
29 the provision of office space, utilities, and custodial
30 services to the state attorney and public defender, for county
31 expenditures on appellate filing fees in criminal cases in
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1 which an indigent defendant appeals a judgment of a county or
2 circuit court to a district court of appeal or the Florida
3 Supreme Court, and for county expenditures on court-related
4 costs of the state attorney and public defender that were paid
5 by the county, provided that such court-related costs were
6 included in a judgment or order rendered by the trial court
7 against the county. Where a state attorney or a public
8 defender is provided space in a county-owned facility,
9 responsibility for calculating county costs associated with
10 the provision of such office space, utilities, and custodial
11 services is hereby vested in the Chief Financial Officer
12 Comptroller in consultation with the Legislative Committee on
13 Intergovernmental Relations.
14 (4) At the end of the local government fiscal year,
15 all funds remaining on deposit in the special trust fund after
16 all reimbursements have been made as provided for in
17 subsection (3) shall be forwarded to the Chief Financial
18 Officer Treasurer for deposit in the General Revenue Fund of
19 the state.
20 (5) The Chief Financial Officer Comptroller shall
21 adopt any rules necessary to implement his or her
22 responsibilities pursuant to this section.
23 Section 86. Subsection (2) of section 27.703, Florida
24 Statutes, is amended to read:
25 27.703 Conflict of interest and substitute counsel.--
26 (2) Appointed counsel shall be paid from funds
27 appropriated to the Chief Financial Officer Comptroller. The
28 hourly rate may not exceed $100. However, effective July 1,
29 1999, all appointments of private counsel under this section
30 shall be in accordance with ss. 27.710 and 27.711.
31
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1 Section 87. Subsection (4) of section 27.710, Florida
2 Statutes, is amended to read:
3 27.710 Registry of attorneys applying to represent
4 persons in postconviction capital collateral proceedings;
5 certification of minimum requirements; appointment by trial
6 court.--
7 (4) Each private attorney who is appointed by the
8 court to represent a capital defendant must enter into a
9 contract with the Chief Financial Officer Comptroller. If the
10 appointed attorney fails to execute the contract within 30
11 days after the date the contract is mailed to the attorney,
12 the executive director of the Commission on Capital Cases
13 shall notify the trial court. The Chief Financial Officer
14 Comptroller shall develop the form of the contract, function
15 as contract manager, and enforce performance of the terms and
16 conditions of the contract. By signing such contract, the
17 attorney certifies that he or she intends to continue the
18 representation under the terms and conditions set forth in the
19 contract until the sentence is reversed, reduced, or carried
20 out or until released by order of the trial court.
21 Section 88. Subsections (3), (4), (5), (6), (7), (12),
22 and (13) of section 27.711, Florida Statutes, are amended to
23 read:
24 27.711 Terms and conditions of appointment of
25 attorneys as counsel in postconviction capital collateral
26 proceedings.--
27 (3) An attorney appointed to represent a capital
28 defendant is entitled to payment of the fees set forth in this
29 section only upon full performance by the attorney of the
30 duties specified in this section and approval of payment by
31 the trial court, and the submission of a payment request by
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1 the attorney, subject to the availability of sufficient
2 funding specifically appropriated for this purpose. The Chief
3 Financial Officer Comptroller shall notify the executive
4 director and the court if it appears that sufficient funding
5 has not been specifically appropriated for this purpose to pay
6 any fees which may be incurred. The attorney shall maintain
7 appropriate documentation, including a current and detailed
8 hourly accounting of time spent representing the capital
9 defendant. The fee and payment schedule in this section is the
10 exclusive means of compensating a court-appointed attorney who
11 represents a capital defendant. When appropriate, a
12 court-appointed attorney must seek further compensation from
13 the Federal Government, as provided in 18 U.S.C. s. 3006A or
14 other federal law, in habeas corpus litigation in the federal
15 courts.
16 (4) Upon approval by the trial court, an attorney
17 appointed to represent a capital defendant under s. 27.710 is
18 entitled to payment of the following fees by the Chief
19 Financial Officer Comptroller:
20 (a) Regardless of the stage of postconviction capital
21 collateral proceedings, the attorney is entitled to $100 per
22 hour, up to a maximum of $2,500, after accepting appointment
23 and filing a notice of appearance.
24 (b) The attorney is entitled to $100 per hour, up to a
25 maximum of $20,000, after timely filing in the trial court the
26 capital defendant's complete original motion for
27 postconviction relief under the Florida Rules of Criminal
28 Procedure. The motion must raise all issues to be addressed by
29 the trial court. However, an attorney is entitled to fees
30 under this paragraph if the court schedules a hearing on a
31 matter that makes the filing of the original motion for
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1 postconviction relief unnecessary or if the court otherwise
2 disposes of the case.
3 (c) The attorney is entitled to $100 per hour, up to a
4 maximum of $20,000, after the trial court issues a final order
5 granting or denying the capital defendant's motion for
6 postconviction relief.
7 (d) The attorney is entitled to $100 per hour, up to a
8 maximum of $20,000, after timely filing in the Supreme Court
9 the capital defendant's brief or briefs that address the trial
10 court's final order granting or denying the capital
11 defendant's motion for postconviction relief and the state
12 petition for writ of habeas corpus.
13 (e) The attorney is entitled to $100 per hour, up to a
14 maximum of $10,000, after the trial court issues an order,
15 pursuant to a remand from the Supreme Court, which directs the
16 trial court to hold further proceedings on the capital
17 defendant's motion for postconviction relief.
18 (f) The attorney is entitled to $100 per hour, up to a
19 maximum of $4,000, after the appeal of the trial court's
20 denial of the capital defendant's motion for postconviction
21 relief and the capital defendant's state petition for writ of
22 habeas corpus become final in the Supreme Court.
23 (g) At the conclusion of the capital defendant's
24 postconviction capital collateral proceedings in state court,
25 the attorney is entitled to $100 per hour, up to a maximum of
26 $2,500, after filing a petition for writ of certiorari in the
27 Supreme Court of the United States.
28 (h) If, at any time, a death warrant is issued, the
29 attorney is entitled to $100 per hour, up to a maximum of
30 $5,000. This payment shall be full compensation for attorney's
31
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1 fees and costs for representing the capital defendant
2 throughout the proceedings before the state courts of Florida.
3
4 The hours billed by a contracting attorney under this
5 subsection may include time devoted to representation of the
6 defendant by another attorney who is qualified under s. 27.710
7 and who has been designated by the contracting attorney to
8 assist him or her.
9 (5) An attorney who represents a capital defendant may
10 use the services of one or more investigators to assist in
11 representing a capital defendant. Upon approval by the trial
12 court, the attorney is entitled to payment from the Chief
13 Financial Officer Comptroller of $40 per hour, up to a maximum
14 of $15,000, for the purpose of paying for investigative
15 services.
16 (6) An attorney who represents a capital defendant is
17 entitled to a maximum of $15,000 for miscellaneous expenses,
18 such as the costs of preparing transcripts, compensating
19 expert witnesses, and copying documents. Upon approval by the
20 trial court, the attorney is entitled to payment by the Chief
21 Financial Officer Comptroller of up to $15,000 for
22 miscellaneous expenses, except that, if the trial court finds
23 that extraordinary circumstances exist, the attorney is
24 entitled to payment in excess of $15,000.
25 (7) An attorney who is actively representing a capital
26 defendant is entitled to a maximum of $500 per fiscal year for
27 tuition and expenses for continuing legal education that
28 pertains to the representation of capital defendants. Upon
29 approval by the trial court, the attorney is entitled to
30 payment by the Chief Financial Officer Comptroller for
31 expenses for such tuition and continuing legal education.
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1 (12) The court shall monitor the performance of
2 assigned counsel to ensure that the capital defendant is
3 receiving quality representation. The court shall also receive
4 and evaluate allegations that are made regarding the
5 performance of assigned counsel. The Chief Financial Officer
6 Comptroller, the Department of Legal Affairs, the executive
7 director, or any interested person may advise the court of any
8 circumstance that could affect the quality of representation,
9 including, but not limited to, false or fraudulent billing,
10 misconduct, failure to meet continuing legal education
11 requirements, solicitation to receive compensation from the
12 capital defendant, or failure to file appropriate motions in a
13 timely manner.
14 (13) Prior to the filing of a motion for order
15 approving payment of attorney's fees, costs, or related
16 expenses, the assigned counsel shall deliver a copy of his
17 intended billing, together with supporting affidavits and all
18 other necessary documentation, to the Chief Financial
19 Officer's Comptroller's named contract manager. The contract
20 manager shall have 10 business days from receipt to review the
21 billings, affidavit, and documentation for completeness and
22 compliance with contractual and statutory requirements. If the
23 contract manager objects to any portion of the proposed
24 billing, the objection and reasons therefor shall be
25 communicated to the assigned counsel. The assigned counsel may
26 thereafter file his or her motion for order approving payment
27 of attorney's fees, costs, or related expenses together with
28 supporting affidavits and all other necessary documentation.
29 The motion must specify whether the Chief Financial Officer's
30 Comptroller's contract manager objects to any portion of the
31 billing or the sufficiency of documentation and, if so, the
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1 reason therefor. A copy of the motion and attachments shall be
2 served on the Chief Financial Officer's Comptroller's contract
3 manager, who shall have standing to file pleadings and appear
4 before the court to contest any motion for order approving
5 payment. The fact that the Chief Financial Officer's
6 Comptroller's contract manager has not objected to any portion
7 of the billing or to the sufficiency of the documentation is
8 not binding on the court, which retains primary authority and
9 responsibility for determining the reasonableness of all
10 billings for fees, costs, and related expenses, subject to
11 statutory limitations.
12 Section 89. Section 28.235, Florida Statutes, is
13 amended to read:
14 28.235 Advance payments by clerk of circuit
15 court.--The clerk of the circuit court is authorized to make
16 advance payments on behalf of the county for goods and
17 services, including, but not limited to, maintenance
18 agreements and subscriptions, pursuant to rules or procedures
19 adopted by the Chief Financial Officer Comptroller for advance
20 payments of invoices submitted to agencies of the state.
21 Section 90. Subsections (7) and (23) of section 28.24,
22 Florida Statutes, are amended to read:
23 28.24 Service charges by clerk of the circuit
24 court.--The clerk of the circuit court shall make the
25 following charges for services rendered by the clerk's office
26 in recording documents and instruments and in performing the
27 duties enumerated. However, in those counties where the
28 clerk's office operates as a fiscal unit of the county
29 pursuant to s. 145.022(1), the clerk shall not charge the
30 county for such services.
31
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1 Charges
2
3 (7) For making and reporting payrolls of jurors to
4 Chief Financial Officer State Comptroller, per page, per copy
5 ..........................................................5.00
6 (23) For paying of witnesses and making and reporting
7 payroll to Chief Financial Officer State Comptroller, per
8 copy, per page............................................5.00
9 Section 91. Paragraph (b) of subsection (2) of section
10 30.49, Florida Statutes, is amended to read:
11 30.49 Budgets.--
12 (2)
13 (b) Within the appropriate fund and functional
14 category, expenditures shall be itemized in accordance with
15 the uniform chart of accounts prescribed by the Department of
16 Financial Services Banking and Finance, as follows:
17 1. Personal services.
18 2. Operating expenses.
19 3. Capital outlay.
20 4. Debt service.
21 5. Nonoperating disbursements and contingency
22 reserves.
23 Section 92. Section 30.52, Florida Statutes, is
24 amended to read:
25 30.52 Handling of public funds.--The sheriff shall
26 keep public funds in his or her custody, either in his or her
27 office in an amount not in excess of the burglary, theft, and
28 robbery insurance provided, the cost of which is hereby
29 authorized as an expense of the office, or in a depository in
30 an amount not in excess of the security provided pursuant to
31 s. 658.60 and the regulations of the Department of Financial
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1 Services Banking and Finance. The title of the depository
2 accounts shall include the word "sheriff" and the name of the
3 county, and withdrawals from the accounts shall be made by
4 checks signed by the duly qualified and acting sheriff of the
5 county, or his or her designated deputy or agent.
6 Section 93. Section 40.30, Florida Statutes, is
7 amended to read:
8 40.30 Requisition endorsed by State Courts
9 Administrator or designee.--Upon receipt of such estimate and
10 the requisition from the clerk of the court, the State Courts
11 Administrator or designee shall endorse the amount that he or
12 she may deem necessary for the pay of jurors and witnesses
13 during the quarterly fiscal period and shall submit a request
14 for payment to the Chief Financial Officer Comptroller.
15 Section 94. Section 40.31, Florida Statutes, is
16 amended to read:
17 40.31 State Courts Administrator may apportion
18 appropriation.--If the State Courts Administrator shall have
19 reason to believe that the amount appropriated by the
20 Legislature is insufficient to meet the expenses of jurors and
21 witnesses during the remaining part of the state fiscal year,
22 he or she may apportion the money in the treasury for that
23 purpose among the several counties, basing such apportionment
24 upon the amount expended for the payment of jurors and
25 witnesses in each county during the prior fiscal year. In such
26 case, each county shall be paid by warrant, issued by the
27 Chief Financial Officer Comptroller, only the amount so
28 apportioned to each county, and, when the amount so
29 apportioned is insufficient to pay in full all the jurors and
30 witnesses during a quarterly fiscal period, the clerk of the
31 court shall apportion the money received pro rata among the
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1 jurors and witnesses entitled to pay and shall give to each
2 juror or witness a certificate of the amount of compensation
3 still due, which certificate shall be held by the State Courts
4 Administrator as other demands against the state.
5 Section 95. Section 40.33, Florida Statutes, is
6 amended to read:
7 40.33 Deficiency.--If the compensation of jurors and
8 witnesses during a quarterly fiscal period exceeds the amount
9 estimated by the clerk of the court and therefore is
10 insufficient to pay in full the jurors and witnesses, the
11 clerk of the court shall make a further requisition upon the
12 State Courts Administrator for the amount necessary to pay
13 such default, and the amount required shall be transmitted to
14 the clerk of the court by warrant issued by the Chief
15 Financial Officer Comptroller in the same manner as the
16 original requisition or order.
17 Section 96. Subsection (2) of section 40.34, Florida
18 Statutes, is amended to read:
19 40.34 Clerks to make triplicate payroll.--
20 (2) The form of such payroll shall be prescribed by
21 the Chief Financial Officer Comptroller.
22 Section 97. Section 40.35, Florida Statutes, is
23 amended to read:
24 40.35 Accounting and payment to the State Courts
25 Administrator.--
26 (1) The clerk of the court shall, within 2 weeks after
27 the last day of the quarterly fiscal period, render to the
28 State Courts Administrator a full statement of accounts for
29 moneys received and disbursed under the provisions of this
30 chapter and refund to the State Courts Administrator any
31 balance in the clerk's hands. If upon audit the State Courts
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1 Administrator shall determine a balance due the clerk of the
2 court, the State Courts Administrator shall submit a request
3 for payment to the Chief Financial Officer Comptroller.
4 (2) If a clerk of the court fails to account for and
5 pay over promptly the balance of all moneys paid him or her,
6 the sureties, if any, on a clerk's official bond are liable
7 and responsible for same; and the State Courts Administrator
8 shall report to the Governor and the Chief Financial Officer
9 Comptroller any failure on the part of the clerk of the court
10 to report and faithfully account for any such moneys.
11 Section 98. Paragraph (b) of subsection (5) of section
12 43.16, Florida Statutes, is amended to read:
13 43.16 Justice Administrative Commission; membership,
14 powers and duties.--
15 (5) The duties of the commission shall include, but
16 not be limited to, the following:
17 (b) Each state attorney and public defender and the
18 Judicial Qualifications Commission shall continue to prepare
19 necessary budgets, vouchers which represent valid claims for
20 reimbursement by the state for authorized expenses, and other
21 things incidental to the proper administrative operation of
22 the office, such as revenue transmittals to the Chief
23 Financial Officer treasurer, automated systems plans, etc.,
24 but will forward same to the commission for recording and
25 submission to the proper state officer. However, when
26 requested by a state attorney or a public defender or the
27 Judicial Qualifications Commission, the commission will either
28 assist in the preparation of budget requests, voucher
29 schedules, and other forms and reports or accomplish the
30 entire project involved.
31
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1 Section 99. Subsections (1), (3), and (4) of section
2 43.19, Florida Statutes, are amended to read:
3 43.19 Money paid into court; unclaimed funds.--
4 (1) In every case in which the right to withdraw money
5 deposited as hereinbefore provided has been adjudicated or is
6 not in dispute and the money has remained so deposited for 5
7 years or more unclaimed by the person, firm, or corporation
8 entitled thereto, on or before December 1 of each year the
9 judge, or one of the judges, of the court shall direct that
10 the money be deposited with the Chief Financial Officer
11 Treasurer to the credit of the State School Fund, to become a
12 part of that fund, subject to the right of the person, firm,
13 or corporation entitled thereto to receive the money as
14 provided in subsection (3).
15 (3) Any person, firm or corporation entitled to any of
16 the money may obtain an order directing the payment of the
17 money to the claimant on written petition to the court from
18 which the money was deposited or its successor, and written
19 notice to the state attorney of the circuit wherein the court
20 is situate, whether or not the court is a circuit court, and
21 proof of right thereto, and the money deposited shall
22 constitute and be a permanent appropriation for payments by
23 the Chief Financial Officer Treasurer of the state in
24 obedience of such orders.
25 (4) All interest and income that accrue from the money
26 while on deposit with the Chief Financial Officer Treasurer to
27 the credit of the State School Fund belong to that fund.
28 Section 100. Subsections (3) and (4) of section
29 48.151, Florida Statutes, are amended to read:
30 48.151 Service on statutory agents for certain
31 persons.--
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1 (3) The Chief Financial Officer Insurance Commissioner
2 and Treasurer or his or her assistant or deputy or another
3 person in charge of the office is the agent for service of
4 process on all insurers applying for authority to transact
5 insurance in this state, all licensed nonresident insurance
6 agents, all nonresident disability insurance agents licensed
7 by the Department of Insurance pursuant to s. 626.835, any
8 unauthorized insurer under s. 626.906 or s. 626.937, domestic
9 reciprocal insurers, fraternal benefit societies under chapter
10 632, automobile inspection and warranty associations under
11 chapter 634, prepaid limited health service organizations
12 under chapter 636 ambulance service associations, and persons
13 required to file statements under s. 628.461.
14 (4) The Director of the Office of Financial Regulation
15 of the Financial Services Commission Comptroller is the agent
16 for service of process for any issuer as defined in s.
17 517.021, or any dealer, investment adviser, or associated
18 person registered with that office the Department of Banking
19 and Finance, for any violation of any provision of chapter
20 517.
21 Section 101. Subsection (1) of section 55.03, Florida
22 Statutes, is amended to read:
23 55.03 Judgments; rate of interest, generally.--
24 (1) On December 1 of each year beginning December 1,
25 1994, the Chief Financial Officer Comptroller of the State of
26 Florida shall set the rate of interest that shall be payable
27 on judgments or decrees for the year beginning January 1 by
28 averaging the discount rate of the Federal Reserve Bank of New
29 York for the preceding year, then adding 500 basis points to
30 the averaged federal discount rate. The Chief Financial
31 Officer Comptroller shall inform the clerk of the courts and
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1 chief judge for each judicial circuit of the rate that has
2 been established for the upcoming year. The initial interest
3 rate established by the Comptroller shall take effect on
4 January 1, 1995, and the interest rate established by the
5 Chief Financial Officer Comptroller in subsequent years shall
6 take effect on January 1 of each following year. Judgments
7 obtained on or after January 1, 1995, shall use the previous
8 statutory rate for time periods before January 1, 1995, for
9 which interest is due and shall apply the rate set by the
10 Chief Financial Officer Comptroller for time periods after
11 January 1, 1995, for which interest is due. Nothing contained
12 herein shall affect a rate of interest established by written
13 contract or obligation.
14 Section 102. Section 57.091, Florida Statutes, is
15 amended to read:
16 57.091 Costs; refunded to counties in certain
17 proceedings relating to state prisoners.--All lawful fees,
18 costs, and expenses hereafter adjudged against, and paid by,
19 any county in all competency proceedings and all criminal
20 prosecutions against state prisoners imprisoned in a state
21 correctional institution, and in all habeas corpus cases
22 brought to test the legality of the imprisonment of state
23 prisoners of such correctional institutions, shall be refunded
24 to the county paying the sum from the General Revenue Fund in
25 the State Treasury in the manner and to the extent herein
26 provided, to wit: between the 1st and 15th of the month next
27 succeeding the month in which the fees, costs, and expenses
28 have been allowed and paid by the county, the clerk of the
29 court shall make requisition on the Department of Corrections
30 for the fees, costs, and expenses so allowed and paid during
31 the preceding month, giving the style of the cases in which
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1 fees, costs, and expenses were incurred and the amount and
2 items of cost in each case; providing a certified copy of the
3 judgment adjudging the fees, costs, and expenses against the
4 county and showing that the amount represented thereby has
5 been approved by the presiding judge, paid by the county, and
6 verified by the clerk; and attaching a certified copy of the
7 bill as approved and allowed by the board of county
8 commissioners of the county. If the Department of Corrections
9 finds the bills legal and adjudged against and paid by the
10 county, the department shall submit a request to the Chief
11 Financial Officer Comptroller to draw a warrant in the amount
12 thereof, or in the amount the department finds legal and
13 adjudged against and paid by the county, in favor of the
14 county paying the fees, costs, and expenses, which shall be
15 paid by the Chief Financial Officer State Treasurer from the
16 general revenue funds of the state.
17 Section 103. Subsections (1), (3), and (4) of section
18 68.083, Florida Statutes, are amended to read:
19 68.083 Civil actions for false claims.--
20 (1) The department may diligently investigate a
21 violation under s. 68.082. If the department finds that a
22 person has violated or is violating s. 68.082, the department
23 may bring a civil action under the Florida False Claims Act
24 against the person. The Department of Financial Services
25 Banking and Finance may bring a civil action under this
26 section if the action arises from an investigation by that
27 department and the Department of Legal Affairs has not filed
28 an action under this act.
29 (3) The complaint shall be identified on its face as a
30 qui tam action and shall be filed in the circuit court of the
31 Second Judicial Circuit, in and for Leon County. Immediately
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1 upon the filing of the complaint, a copy of the complaint and
2 written disclosure of substantially all material evidence and
3 information the person possesses shall be served on the
4 Attorney General, as head of the department, and on the Chief
5 Financial Officer Comptroller, as head of the Department of
6 Financial Services Banking and Finance, by registered mail,
7 return receipt requested. The department, or the Department of
8 Financial Services Banking and Finance under the circumstances
9 specified in subsection (4), may elect to intervene and
10 proceed with the action, on behalf of the state, within 90
11 days after it receives both the complaint and the material
12 evidence and information.
13 (4) If a person brings an action under subsection (2)
14 and the action is based upon the facts underlying a pending
15 investigation by the Department of Financial Services Banking
16 and Finance, the Department of Financial Services Banking and
17 Finance, instead of the department, may take over the action
18 on behalf of the state. In order to take over the action, the
19 Department of Financial Services Banking and Finance must give
20 the department written notification within 20 days after the
21 action is filed that the Department of Financial Services
22 Banking and Finance is conducting an investigation of the
23 facts of the action and that the Department of Financial
24 Services Banking and Finance, instead of the department, will
25 take over the action filed under subsection (2). If the
26 Department of Financial Services Banking and Finance takes
27 over the action under this subsection, the word "department"
28 as used in this act means the Department of Financial Services
29 Banking and Finance, and that department, for purposes of that
30 action, shall have all rights and standing granted the
31 department under this act.
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1 Section 104. Subsections (3) and (6) of section
2 68.084, Florida Statutes, are amended to read:
3 68.084 Rights of the parties in civil actions.--
4 (3) If the department elects not to proceed with the
5 action, the person who initiated the action has the right to
6 conduct the action. If the Attorney General, as head of the
7 department, or the Chief Financial Officer Comptroller, as
8 head of the Department of Financial Services Banking and
9 Finance, so requests, it shall be served, at the requesting
10 department's expense, with copies of all pleadings and motions
11 filed in the action and copies of all deposition transcripts.
12 When a person proceeds with the action, the court, without
13 limiting the rights of the person initiating the action, may
14 nevertheless permit the department to intervene and take over
15 the action on behalf of the state at a later date upon showing
16 of good cause.
17 (6) The Department of Financial Services Banking and
18 Finance, or the department, may intervene on its own behalf as
19 a matter of right.
20 Section 105. Subsection (3) of section 68.087, Florida
21 Statutes, is amended to read:
22 68.087 Exemptions to civil actions.--
23 (3) No court shall have jurisdiction over an action
24 brought under this act based upon the public disclosure of
25 allegations or transactions in a criminal, civil, or
26 administrative hearing; in a legislative, administrative,
27 inspector general, or Auditor General, Chief Financial Officer
28 Comptroller, or Department of Financial Services Banking and
29 Finance report, hearing, audit, or investigation; or from the
30 news media, unless the action is brought by the department, or
31 unless the person bringing the action is an original source of
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1 the information. For purposes of this subsection, the term
2 "original source" means an individual who has direct and
3 independent knowledge of the information on which the
4 allegations are based and has voluntarily provided the
5 information to the department before filing an action under
6 this act based on the information.
7 Section 106. Section 68.092, Florida Statutes, is
8 amended to read:
9 68.092 Deposit of recovered moneys.--All moneys
10 recovered by the Chief Financial Officer Comptroller, as head
11 of the Department of Financial Services Banking and Finance,
12 under s. 68.086(1) in any civil action for violation of the
13 Florida False Claims Act shall be deposited in the
14 Administrative Trust Fund of the Department of Financial
15 Services Banking and Finance.
16 Section 107. Section 77.0305, Florida Statutes, is
17 amended to read:
18 77.0305 Continuing writ of garnishment against salary
19 or wages.--Notwithstanding any other provision of this
20 chapter, if salary or wages are to be garnished to satisfy a
21 judgment, the court shall issue a continuing writ of
22 garnishment to the judgment debtor's employer which provides
23 for the periodic payment of a portion of the salary or wages
24 of the judgment debtor as the salary or wages become due until
25 the judgment is satisfied or until otherwise provided by court
26 order. A debtor's status as an employee of the state or its
27 agencies or political subdivisions does not preclude a
28 judgment creditor's right to garnish the debtor's wages. For
29 the purposes of this section, the state includes the judicial
30 branch and the legislative branch as defined in s. 216.011.
31 The state, for itself and for its agencies and subdivisions,
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1 waives sovereign immunity for the express and limited purpose
2 necessary to carry out this section. The court shall allow
3 the judgment debtor's employer to collect up to $5 against the
4 salary or wages of the judgment debtor to reimburse the
5 employer for administrative costs for the first deduction from
6 the judgment debtor's salary or wages and up to $2 for each
7 deduction thereafter. The funds collected by the state under
8 this section must be deposited in the Department of Financial
9 Services Banking and Finance Administrative Trust Fund for
10 purposes of carrying out this section.
11 Section 108. Section 92.39, Florida Statutes, is
12 amended to read:
13 92.39 Evidence of individual's claim against the state
14 in suits between them.--In suits between the state and
15 individuals, no claim for a credit shall be allowed upon
16 trial, but such as shall appear to have been presented to the
17 Chief Financial Officer Comptroller for his or her the
18 Comptroller's examination, and by him or her disallowed in
19 whole or in part, unless it shall be proved to the
20 satisfaction of the court that the defendant is, at the time
21 of the trial, in possession of vouchers not before in the
22 defendant's power to procure, and that the defendant was
23 prevented from exhibiting a claim for such credit at the Chief
24 Financial Officer's Comptroller's office by unavoidable
25 accident.
26 Section 109. Subsection (4) of section 99.097, Florida
27 Statutes, is amended to read:
28 99.097 Verification of signatures on petitions.--
29 (4) The supervisor shall be paid in advance the sum of
30 10 cents for each signature checked or the actual cost of
31 checking such signature, whichever is less, by the candidate
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1 or, in the case of a petition to have an issue placed on the
2 ballot, by the person or organization submitting the petition.
3 However, if a candidate, person, or organization seeking to
4 have an issue placed upon the ballot cannot pay such charges
5 without imposing an undue burden on personal resources or upon
6 the resources otherwise available to such candidate, person,
7 or organization, such candidate, person, or organization
8 shall, upon written certification of such inability given
9 under oath to the supervisor, be entitled to have the
10 signatures verified at no charge. In the event a candidate,
11 person, or organization submitting a petition to have an issue
12 placed upon the ballot is entitled to have the signatures
13 verified at no charge, the supervisor of elections of each
14 county in which the signatures are verified at no charge shall
15 submit the total number of such signatures checked in the
16 county to the Chief Financial Officer Comptroller no later
17 than December 1 of the general election year, and the Chief
18 Financial Officer Comptroller shall cause such supervisor of
19 elections to be reimbursed from the General Revenue Fund in an
20 amount equal to 10 cents for each name checked or the actual
21 cost of checking such signatures, whichever is less. In no
22 event shall such reimbursement of costs be deemed or applied
23 as extra compensation for the supervisor. Petitions shall be
24 retained by the supervisors for a period of 1 year following
25 the election for which the petitions were circulated.
26 Section 110. Subsection (6) of section 103.091,
27 Florida Statutes, is amended to read:
28 103.091 Political parties.--
29 (6)(a)1. In addition to the members provided for in
30 subsection (1), each county executive committee shall include
31 all members of the Legislature who are residents of the county
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1 and members of their respective political party and who shall
2 be known as at-large committeemen and committeewomen.
3 2. Each state executive committee shall include, as
4 at-large committeemen and committeewomen, all members of the
5 United States Congress representing the State of Florida who
6 are members of the political party, all statewide elected
7 officials who are members of the party, and the President of
8 the Senate or the Minority Leader in the Senate, and the
9 Speaker of the House of Representatives or the Minority Leader
10 in the House of Representatives, whichever is a member of the
11 political party, and 20 members of the Legislature who are
12 members of the political party. Ten of the legislators shall
13 be appointed with the concurrence of the state chair of the
14 respective party, as follows: five to be appointed by the
15 President of the Senate; five by the Minority Leader in the
16 Senate; five by the Speaker of the House of Representatives;
17 and five by the Minority Leader in the House.
18 3. When a political party allows any member of the
19 state executive committee to have more than one vote per
20 person, other than by proxy, in a matter coming before the
21 state executive committee, the 20 members of the Legislature
22 appointed under subparagraph 2. shall not be appointed to the
23 state executive committee and the following elected officials
24 who are members of that political party shall be appointed and
25 shall have the following votes:
26 a. Governor: a number equal to 15 percent of votes
27 cast by state executive committeemen and committeewomen;
28 b. Lieutenant Governor: a number equal to 5 percent
29 of the votes cast by state executive committeemen and
30 committeewomen;
31
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1 c. Each member of the United States Senate
2 representing the state: a number equal to 10 percent of the
3 votes cast by state executive committeemen and committeewomen;
4 d. Secretary of State: a number equal to 5 percent of
5 the votes cast by state executive committeemen and
6 committeewomen;
7 d.e. Attorney General: a number equal to 5 percent of
8 the votes cast by state executive committeemen and
9 committeewomen;
10 e.f. Chief Financial Officer Comptroller: a number
11 equal to 5 percent of the votes cast by state executive
12 committeemen and committeewomen;
13 g. Treasurer: a number equal to 5 percent of the
14 votes cast by state executive committeemen and committeewomen;
15 f.h. Commissioner of Agriculture: a number equal to 5
16 percent of the votes cast by state executive committeemen and
17 committeewomen;
18 i. Commissioner of Education: a number equal to 5
19 percent of the votes cast by state executive committeemen and
20 committeewomen;
21 g.j. President of the Senate: a number equal to 10
22 percent of the votes cast by state executive committeemen and
23 committeewomen;
24 h.k. Minority leader of the Senate: a number equal to
25 10 percent of the votes cast by state executive committeemen
26 and committeewomen;
27 i.l. Speaker of the House of Representatives: a
28 number equal to 10 percent of the votes cast by state
29 executive committeemen and committeewomen;
30
31
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1 j.m. Minority leader of the House of Representatives:
2 a number equal to 10 percent of the votes cast by state
3 executive committeemen and committeewomen; and
4 k.n. Each member of the United States House of
5 Representatives representing the state: a number equal to 1
6 percent of the votes cast by state executive committeemen and
7 committeewomen.
8 4.a. The governing body of each state executive
9 committee as defined by party rule shall include as at-large
10 committeemen and committeewomen all statewide elected
11 officials who are members of such political party; up to four
12 members of the United States Congress representing the state
13 who are members of such political party and who shall be
14 appointed by the state chair on the basis of geographic
15 representation; the permanent presiding officer selected by
16 the members of each house of the Legislature who are members
17 of such political party; and the minority leader selected by
18 the members of each house of the Legislature who are members
19 of such political party.
20 b. All members of the governing body shall have one
21 vote per person.
22 Section 111. Section 107.11, Florida Statutes, is
23 amended to read:
24 107.11 Appropriation for expenses.--For the purpose of
25 defraying the expenses of preparing for, conducting, holding
26 and declaring the result of the election provided for by this
27 chapter and also for the purpose of defraying the expenses
28 allowed by this chapter for the holding of sessions of the
29 convention as herein provided, to be audited by the Chief
30 Financial Officer Comptroller, there is appropriated out of
31 the General Revenue Fund of the State of Florida a sufficient
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1 sum of money for the payment of all amounts necessary to be
2 expended under the terms of this chapter, which sums of money
3 shall be disbursed by the State of Florida pursuant to
4 warrants drawn by the Chief Financial Officer Comptroller upon
5 the Treasurer for the payment of same.
6 Section 112. Paragraph (a) of subsection (2) of
7 section 110.1127, Florida Statutes, is amended to read:
8 110.1127 Employee security checks.--
9 (2)(a) All positions within the Division of Treasury
10 of the Department of Financial Services Insurance are deemed
11 to be positions of special trust or responsibility, and a
12 person may be disqualified for employment in any such position
13 by reason of:
14 1. The conviction or prior conviction of a crime which
15 is reasonably related to the nature of the position sought or
16 held by the individual; or
17 2. The entering of a plea of nolo contendere or, when
18 a jury verdict of guilty is rendered but adjudication of guilt
19 is withheld, with respect to a crime which is reasonably
20 related to the nature of the position sought or held by the
21 individual.
22 Section 113. Subsection (1) of section 110.113,
23 Florida Statutes, is amended to read:
24 110.113 Pay periods for state officers and employees;
25 salary payments by direct deposit.--
26 (1) The normal pay period for salaries of state
27 officers and employees shall be 1 month. The Department of
28 Financial Services Banking and Finance shall issue either
29 monthly or biweekly salary payments by state warrants or by
30 direct deposit pursuant to s. 17.076 or make semimonthly
31 salary payments by direct deposit pursuant to s. 17.076, as
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1 requested by the head of each state agency and approved by the
2 Executive Office of the Governor and the Department of
3 Financial Services Banking and Finance.
4 Section 114. Subsection (1) of section 110.114,
5 Florida Statutes, is amended to read:
6 110.114 Employee wage deductions.--
7 (1) The state or any of its departments, bureaus,
8 commissions, and officers are authorized and permitted, with
9 the concurrence of the Department of Financial Services
10 Banking and Finance, to make deductions from the salary or
11 wage of any employee or employees in such amount as shall be
12 authorized and requested by such employee or employees and for
13 such purpose as shall be authorized and requested by such
14 employee or employees and shall pay such sums so deducted as
15 directed by such employee or employees. The concurrence of
16 the Department of Financial Services Banking and Finance shall
17 not be required for the deduction of a certified bargaining
18 agent's membership dues deductions pursuant to s. 447.303 or
19 any deductions authorized by a collective bargaining
20 agreement.
21 Section 115. Subsection (1) of section 110.116,
22 Florida Statutes, is amended to read:
23 110.116 Personnel information system; payroll
24 procedures.--
25 (1) The Department of Management Services shall
26 establish and maintain, in coordination with the payroll
27 system of the Department of Financial Services Banking and
28 Finance, a complete personnel information system for all
29 authorized and established positions in the state service,
30 with the exception of employees of the Legislature. The
31 specifications shall be developed in conjunction with the
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1 payroll system of the Department of Financial Services Banking
2 and Finance and in coordination with the Auditor General. The
3 Department of Financial Services Banking and Finance shall
4 determine that the position occupied by each employee has been
5 authorized and established in accordance with the provisions
6 of s. 216.251. The Department of Management Services shall
7 develop and maintain a position numbering system that will
8 identify each established position, and such information shall
9 be a part of the payroll system of the Department of Financial
10 Services Banking and Finance. With the exception of employees
11 of the Legislature, this system shall include all career
12 service positions and those positions exempted from career
13 service provisions, notwithstanding the funding source of the
14 salary payments, and information regarding persons receiving
15 payments from other sources. Necessary revisions shall be made
16 in the personnel and payroll procedures of the state to avoid
17 duplication insofar as is feasible. A list shall be organized
18 by budget entity to show the employees or vacant positions
19 within each budget entity. This list shall be available to
20 the Speaker of the House of Representatives and the President
21 of the Senate upon request.
22 Section 116. Paragraph (a) of subsection (3) and
23 paragraph (b) of subsection (6) of section 110.1227, Florida
24 Statutes, are amended to read:
25 110.1227 Florida Employee Long-Term-Care Plan Act.--
26 (3) The Department of Management Services and the
27 department shall, in consultation with public employers and
28 employees and representatives from unions and associations
29 representing state, university, local government, and other
30 public employees, establish and supervise the implementation
31 and administration of a self-funded or fully insured
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1 long-term-care plan entitled "Florida Employee Long-Term-Care
2 Plan."
3 (a) The Department of Management Services and the
4 department shall, in consultation with the Office of Insurance
5 Regulation of the Financial Services Commission Department of
6 Insurance, contract for actuarial, professional-administrator,
7 and other services for the Florida Employee Long-Term-Care
8 Plan.
9 (6) A Florida Employee Long-Term-Care Plan Board of
10 Directors is created, composed of nine members who shall serve
11 2-year terms, to be appointed after May 1, 1999, as follows:
12 (b) The Chief Financial Officer Insurance Commissioner
13 shall appoint an actuary.
14 Section 117. Paragraph (f) of subsection (5) of
15 section 110.1228, Florida Statutes, is amended to read:
16 110.1228 Participation by small counties, small
17 municipalities, and district school boards located in small
18 counties.--
19 (5) If the department determines that a small county,
20 small municipality, or district school board is eligible to
21 enroll, the small county, small municipality, or district
22 school board must agree to the following terms and conditions:
23 (f) If a small county, small municipality, or district
24 school board employer fails to make the payments required by
25 this section to fully reimburse the state, the Department of
26 Revenue or the Department of Financial Services Banking and
27 Finance shall, upon the request of the Department of
28 Management Services, deduct the amount owed by the employer
29 from any funds not pledged to bond debt service satisfaction
30 that are to be distributed by it to the small county, small
31 municipality, or district school board. The amounts so
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1 deducted shall be transferred to the Department of Management
2 Services for further distribution to the trust funds in
3 accordance with this chapter.
4 Section 118. Paragraph (f) of subsection (4) and
5 paragraphs (b) and (c) of subsection (5) of section 110.123,
6 Florida Statutes, are amended to read:
7 110.123 State group insurance program.--
8 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;
9 LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
10 (f) Pursuant to the request of each state officer,
11 full-time or part-time state employee, or retiree
12 participating in the state group insurance program, and upon
13 certification of the employing agency approved by the
14 department, the Chief Financial Officer Comptroller shall
15 deduct from the salary or retirement warrant payable to each
16 participant the amount so certified and shall handle such
17 deductions in accordance with rules established by the
18 department.
19 (5) DEPARTMENT POWERS AND DUTIES.--The department is
20 responsible for the administration of the state group
21 insurance program. The department shall initiate and
22 supervise the program as established by this section and shall
23 adopt such rules as are necessary to perform its
24 responsibilities. To implement this program, the department
25 shall, with prior approval by the Legislature:
26 (b) Prepare, in cooperation with the Office of
27 Insurance Regulation of the Financial Services Commission
28 Department of Insurance, the specifications necessary to
29 implement the program.
30 (c) Contract on a competitive proposal basis with an
31 insurance carrier or carriers, or professional administrator,
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1 determined by the Office of Insurance Regulation of the
2 Financial Services Commission Department of Insurance to be
3 fully qualified, financially sound, and capable of meeting all
4 servicing requirements. Alternatively, the department may
5 self-insure any plan or plans contained in the state group
6 insurance program subject to approval based on actuarial
7 soundness by the Office of Insurance Regulation Department of
8 Insurance. The department may contract with an insurance
9 company or professional administrator qualified and approved
10 by the Office of Insurance Regulation Department of Insurance
11 to administer such plan. Before entering into any contract,
12 the department shall advertise for competitive proposals, and
13 such contract shall be let upon the consideration of the
14 benefits provided in relationship to the cost of such
15 benefits. In determining which entity to contract with, the
16 department shall, at a minimum, consider: the entity's
17 previous experience and expertise in administering group
18 insurance programs of the type it proposes to administer; the
19 entity's ability to specifically perform its contractual
20 obligations in this state and other governmental
21 jurisdictions; the entity's anticipated administrative costs
22 and claims experience; the entity's capability to adequately
23 provide service coverage and sufficient number of experienced
24 and qualified personnel in the areas of claims processing,
25 recordkeeping, and underwriting, as determined by the
26 department; the entity's accessibility to state employees and
27 providers; the financial solvency of the entity, using
28 accepted business sector measures of financial performance.
29 The department may contract for medical services which will
30 improve the health or reduce medical costs for employees who
31 participate in the state group insurance plan.
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1
2 Final decisions concerning enrollment, the existence of
3 coverage, or covered benefits under the state group insurance
4 program shall not be delegated or deemed to have been
5 delegated by the department.
6 Section 119. Section 110.125, Florida Statutes, is
7 amended to read:
8 110.125 Administrative costs.--The administrative
9 expenses and costs of operating the personnel program
10 established by this chapter shall be paid by the various
11 agencies of the state government, and each such agency shall
12 include in its budget estimates its pro rata share of such
13 cost as determined by the Department of Management Services.
14 To establish an equitable division of the costs, the amount to
15 be paid by each agency shall be determined in such proportion
16 as the service rendered to each agency bears to the total
17 service rendered under the provisions of this chapter. The
18 amounts paid to the Department of Management Services which
19 are attributable to positions within the Senior Management
20 Service and the Selected Professional Service shall be used
21 for the administration of such services, training activities
22 for positions within those services, and the development and
23 implementation of a database of pertinent historical
24 information on exempt positions. Should any state agency
25 become more than 90 days delinquent in payment of this
26 obligation, the department shall certify to the Chief
27 Financial Officer Comptroller the amount due and the Chief
28 Financial Officer Comptroller shall transfer the amount due to
29 the department from any debtor agency funds available.
30 Section 120. Paragraph (a) of subsection (1) of
31 section 110.181, Florida Statutes, is amended to read:
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1 110.181 Florida State Employees' Charitable
2 Campaign.--
3 (1) CREATION AND ORGANIZATION OF CAMPAIGN.--
4 (a) The Department of Management Services shall
5 establish and maintain, in coordination with the payroll
6 system of the Department of Financial Services Banking and
7 Finance, an annual Florida State Employees' Charitable
8 Campaign. Except as provided in subsection (5), this annual
9 fundraising drive is the only authorized charitable
10 fundraising drive directed toward state employees within work
11 areas during work hours, and for which the state will provide
12 payroll deduction.
13 Section 121. Subsection (1) of section 110.2037,
14 Florida Statutes, is amended to read:
15 110.2037 Alternative benefits; tax-sheltered annual
16 leave and sick leave payments and special compensation
17 payments.--
18 (1) The Department of Management Services has
19 authority to adopt tax-sheltered plans under s. 401(a) of the
20 Internal Revenue Code for state employees who are eligible for
21 payment for accumulated leave. The department, upon adoption
22 of the plans, shall contract for a private vendor or vendors
23 to administer the plans. These plans shall be limited to state
24 employees who are over age 55 and who are: eligible for
25 accumulated leave and special compensation payments and
26 separating from employment with 10 years of service in
27 accordance with the Internal Revenue Code, or who are
28 participating in the Deferred Retirement Option Program on or
29 after July 1, 2001. The plans must provide benefits in a
30 manner that minimizes the tax liability of the state and
31 participants. The plans must be funded by employer
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1 contributions of payments for accumulated leave or special
2 compensation payments, or both, as specified by the
3 department. The plans must have received all necessary federal
4 and state approval as required by law, must not adversely
5 impact the qualified status of the Florida Retirement System
6 defined benefit or defined contribution plans or the pretax
7 benefits program, and must comply with the provisions of s.
8 112.65. Adoption of any plan is contingent on: the department
9 receiving appropriate favorable rulings from the Internal
10 Revenue Service; the department negotiating under the
11 provisions of chapter 447, where applicable; and the Chief
12 Financial Officer Comptroller making appropriate changes to
13 the state payroll system. The department's request for
14 proposals by vendors for such plans may require that the
15 vendors provide market-risk or volatility ratings from
16 recognized rating agencies for each of their investment
17 products. The department shall provide for a system of
18 continuous quality assurance oversight to ensure that the
19 program objectives are achieved and that the program is
20 prudently managed.
21 Section 122. Subsection (6) of section 110.205,
22 Florida Statutes, is amended to read:
23 110.205 Career service; exemptions.--
24 (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY
25 PROGRAM, DEPARTMENT OF FINANCIAL SERVICES INSURANCE.--In
26 addition to those positions exempted from this part, there is
27 hereby exempted from the Career Service System the chief
28 inspector of the boiler inspection program of the Department
29 of Financial Services Insurance. The salary range of this
30 position shall be established by the Department of Management
31
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1 Services in accordance with the classification and pay plan
2 established for the Selected Exempt Service.
3 Section 123. Paragraph (b) of subsection (5),
4 paragraph (b) of subsection (7), paragraph (b) of subsection
5 (8), and subsections (9), (11), and (13) of section 112.061,
6 Florida Statutes, are amended to read:
7 112.061 Per diem and travel expenses of public
8 officers, employees, and authorized persons.--
9 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
10 purposes of reimbursement and methods of calculating
11 fractional days of travel, the following principles are
12 prescribed:
13 (b) A traveler shall not be reimbursed on a per diem
14 basis for Class C travel, but shall receive subsistence as
15 provided in this section, which allowance for meals shall be
16 based on the following schedule:
17 1. Breakfast--When travel begins before 6 a.m. and
18 extends beyond 8 a.m.
19 2. Lunch--When travel begins before 12 noon and
20 extends beyond 2 p.m.
21 3. Dinner--When travel begins before 6 p.m. and
22 extends beyond 8 p.m., or when travel occurs during nighttime
23 hours due to special assignment.
24
25 No allowance shall be made for meals when travel is confined
26 to the city or town of the official headquarters or immediate
27 vicinity; except assignments of official business outside the
28 traveler's regular place of employment if travel expenses are
29 approved. The Chief Financial Officer Comptroller shall
30 establish a schedule for processing Class C travel subsistence
31 payments at least on a monthly basis.
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1 (7) TRANSPORTATION.--
2 (b) The Department of Financial Services Banking and
3 Finance may provide any form it deems necessary to cover
4 travel requests for traveling on official business and when
5 paid by the state.
6 (8) OTHER EXPENSES.--
7 (b) Other expenses which are not specifically
8 authorized by this section may be approved by the Department
9 of Financial Services Banking and Finance pursuant to rules
10 adopted by it. Expenses approved pursuant to this paragraph
11 shall be reported by the Department of Financial Services
12 Banking and Finance to the Auditor General annually.
13 (9) RULES AND REGULATIONS.--
14 (a) The Department of Financial Services Banking and
15 Finance shall adopt promulgate such rules and regulations,
16 including, but not limited to, the general criteria to be used
17 by a state agency to predetermine justification for attendance
18 by state officers and employees and authorized persons at
19 conventions and conferences, and prescribe such forms as are
20 may be necessary to effectuate the purposes of this section.
21 The department may also adopt rules prescribing the proper
22 disposition and use of promotional items and rebates offered
23 by common carriers and other entities in connection with
24 travel at public expense; however, before adopting such rules,
25 the department shall consult with the appropriation committees
26 of the Legislature.
27 (b) Each state agency shall adopt promulgate such
28 additional specific rules and regulations and specific
29 criteria to be used by it to predetermine justification for
30 attendance by state officers and employees and authorized
31 persons at conventions and conferences, not in conflict with
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1 the rules and regulations of the Department of Financial
2 Services Banking and Finance or with the general criteria to
3 be used by a state agency to predetermine justification for
4 attendance by state officers and employees and authorized
5 persons at conventions, as may be necessary to effectuate the
6 purposes of this section.
7 (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
8 (a) Authorization forms.--The Department of Financial
9 Services Banking and Finance shall furnish a uniform travel
10 authorization request form which shall be used by all state
11 officers and employees and authorized persons when requesting
12 approval for the performance of travel to a convention or
13 conference. The form shall include, but not be limited to,
14 provision for the name of each traveler, purpose of travel,
15 period of travel, estimated cost to the state, and a statement
16 of benefits accruing to the state by virtue of such travel. A
17 copy of the program or agenda of the convention or conference,
18 itemizing registration fees and any meals or lodging included
19 in the registration fee, shall be attached to, and filed with,
20 the copy of the travel authorization request form on file with
21 the agency. The form shall be signed by the traveler and by
22 the traveler's supervisor stating that the travel is to be
23 incurred in connection with official business of the state.
24 The head of the agency or his or her designated representative
25 shall not authorize or approve such request in the absence of
26 the appropriate signatures. A copy of the travel authorization
27 form shall be attached to, and become a part of, the support
28 of the agency's copy of the travel voucher.
29 (b) Voucher forms.--
30 1. The Department of Financial Services Banking and
31 Finance shall furnish a uniform travel voucher form which
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1 shall be used by all state officers and employees and
2 authorized persons when submitting travel expense statements
3 for approval and payment. No travel expense statement shall
4 be approved for payment by the Chief Financial Officer
5 Comptroller unless made on the form prescribed and furnished
6 by the department. The travel voucher form shall provide for,
7 among other things, the purpose of the official travel and a
8 certification or affirmation, to be signed by the traveler,
9 indicating the truth and correctness of the claim in every
10 material matter, that the travel expenses were actually
11 incurred by the traveler as necessary in the performance of
12 official duties, that per diem claimed has been appropriately
13 reduced for any meals or lodging included in the convention or
14 conference registration fees claimed by the traveler, and that
15 the voucher conforms in every respect with the requirements of
16 this section. The original copy of the executed uniform
17 travel authorization request form shall be attached to the
18 uniform travel voucher on file with the respective agency.
19 2. Statements for travel expenses incidental to the
20 rendering of medical services for and on behalf of clients of
21 the Department of Health shall be on forms approved by the
22 Department of Financial Services Banking and Finance.
23 (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever
24 an agency requires an employee to incur either Class A or
25 Class B travel on emergency notice to the traveler, such
26 traveler may request the agency to pay his or her expenses for
27 meals and lodging directly to the vendor, and the agency may
28 pay the vendor the actual expenses for meals and lodging
29 during the travel period, limited to an amount not to exceed
30 that authorized pursuant to this section. In emergency
31 situations, the agency head or his or her designee may
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1 authorize an increase in the amount paid for a specific meal,
2 provided that the total daily cost of meals does not exceed
3 the total amount authorized for meals each day. The agency
4 head or his or her designee may also grant prior approval for
5 a state agency to make direct payments of travel expenses in
6 other situations that result in cost savings to the state, and
7 such cost savings shall be documented in the voucher submitted
8 to the Chief Financial Officer Comptroller for the direct
9 payment of travel expenses. The provisions of this subsection
10 shall not be deemed to apply to any legislator or to any
11 employee of the Legislature.
12 Section 124. Subsections (2), (5), and (6) of section
13 112.08, Florida Statutes, are amended to read:
14 112.08 Group insurance for public officers, employees,
15 and certain volunteers; physical examinations.--
16 (2)(a) Every local governmental unit is authorized to
17 provide and pay out of its available funds for all or part of
18 the premium for life, health, accident, hospitalization, legal
19 expense, or annuity insurance, or all or any kinds of such
20 insurance, for the officers and employees of the local
21 governmental unit and for health, accident, hospitalization,
22 and legal expense insurance for the dependents of such
23 officers and employees upon a group insurance plan and, to
24 that end, to enter into contracts with insurance companies or
25 professional administrators to provide such insurance. Before
26 entering any contract for insurance, the local governmental
27 unit shall advertise for competitive bids; and such contract
28 shall be let upon the basis of such bids. If a contracting
29 health insurance provider becomes financially impaired as
30 determined by the Office of Insurance Regulation of the
31 Financial Services Commission Department of Insurance or
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1 otherwise fails or refuses to provide the contracted-for
2 coverage or coverages, the local government may purchase
3 insurance, enter into risk management programs, or contract
4 with third-party administrators and may make such acquisitions
5 by advertising for competitive bids or by direct negotiations
6 and contract. The local governmental unit may undertake
7 simultaneous negotiations with those companies which have
8 submitted reasonable and timely bids and are found by the
9 local governmental unit to be fully qualified and capable of
10 meeting all servicing requirements. Each local governmental
11 unit may self-insure any plan for health, accident, and
12 hospitalization coverage or enter into a risk management
13 consortium to provide such coverage, subject to approval based
14 on actuarial soundness by the Office of Insurance Regulation
15 Department of Insurance; and each shall contract with an
16 insurance company or professional administrator qualified and
17 approved by the office Department of Insurance to administer
18 such a plan.
19 (b) In order to obtain approval from the Office of
20 Insurance Regulation Department of Insurance of any
21 self-insured plan for health, accident, and hospitalization
22 coverage, each local governmental unit or consortium shall
23 submit its plan along with a certification as to the actuarial
24 soundness of the plan, which certification is prepared by an
25 actuary who is a member of the Society of Actuaries or the
26 American Academy of Actuaries. The Office of Insurance
27 Regulation Department of Insurance shall not approve the plan
28 unless it determines that the plan is designed to provide
29 sufficient revenues to pay current and future liabilities, as
30 determined according to generally accepted actuarial
31 principles. After implementation of an approved plan, each
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1 local governmental unit or consortium shall annually submit to
2 the Office of Insurance Regulation Department of Insurance a
3 report which includes a statement prepared by an actuary who
4 is a member of the Society of Actuaries or the American
5 Academy of Actuaries as to the actuarial soundness of the
6 plan. The report is due 90 days after the close of the fiscal
7 year of the plan. The report shall consist of, but is not
8 limited to:
9 1. The adequacy of contribution rates in meeting the
10 level of benefits provided and the changes, if any, needed in
11 the contribution rates to achieve or preserve a level of
12 funding deemed adequate to enable payment of the benefit
13 amounts provided under the plan and a valuation of present
14 assets, based on statement value, and prospective assets and
15 liabilities of the plan and the extent of any unfunded accrued
16 liabilities.
17 2. A plan to amortize any unfunded liabilities and a
18 description of actions taken to reduce unfunded liabilities.
19 3. A description and explanation of actuarial
20 assumptions.
21 4. A schedule illustrating the amortization of any
22 unfunded liabilities.
23 5. A comparative review illustrating the level of
24 funds available to the plan from rates, investment income, and
25 other sources realized over the period covered by the report
26 with the assumptions used.
27 6. A statement by the actuary that the report is
28 complete and accurate and that in the actuary's opinion the
29 techniques and assumptions used are reasonable and meet the
30 requirements and intent of this subsection.
31
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1 7. Other factors or statements as required by the
2 Department of Insurance in order to determine the actuarial
3 soundness of the plan.
4
5 All assumptions used in the report shall be based on
6 recognized actuarial principles acceptable to the Office of
7 Insurance Regulation Department of Insurance. The office
8 Department of Insurance shall review the report and shall
9 notify the administrator of the plan and each entity
10 participating in the plan, as identified by the administrator,
11 of any actuarial deficiencies. Each local governmental unit
12 is responsible for payment of valid claims of its employees
13 that are not paid within 60 days after receipt by the plan
14 administrator or consortium.
15 (c) Every local governmental unit is authorized to
16 expend funds for preemployment physical examinations and
17 postemployment physical examinations.
18 (5) The Department of Management Services shall
19 initiate and supervise a group insurance program providing
20 death and disability benefits for active members of the
21 Florida Highway Patrol Auxiliary, with coverage beginning July
22 1, 1978, and purchased from state funds appropriated for that
23 purpose. The Department of Management Services, in
24 cooperation with the Office of Insurance Regulation Department
25 of Insurance, shall prepare specifications necessary to
26 implement the program, and the Department of Management
27 Services shall receive bids and award the contract in
28 accordance with general law.
29 (6) The Financial Services Commission Department of
30 Insurance is authorized to adopt rules to carry out the
31 provisions of this section as they pertain to its duties.
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1 Section 125. Paragraph (h) of subsection (2) of
2 section 112.191, Florida Statutes, is amended to read:
3 112.191 Firefighters; death benefits.--
4 (2)
5 (h) The Division of the State Fire Marshal within the
6 Department of Financial Services Insurance shall adopt rules
7 necessary to implement this section.
8 Section 126. Subsection (4), paragraph (a) of
9 subsection (6), paragraphs (a), (d), (f), and (h) of
10 subsection (8), paragraph (b) of subsection (10), and
11 subsections (11) and (12) of section 112.215, Florida
12 Statutes, are amended to read:
13 112.215 Government employees; deferred compensation
14 program.--
15 (4)(a) The Chief Financial Officer Treasurer, with the
16 approval of the State Board of Administration, shall establish
17 such plan or plans of deferred compensation for state
18 employees, including all such investment vehicles or products
19 incident thereto, as may be available through, or offered by,
20 qualified companies or persons, and may approve one or more
21 such plans for implementation by and on behalf of the state
22 and its agencies and employees.
23 (b) If the Chief Financial Officer Treasurer deems it
24 advisable, he or she shall have the power, with the approval
25 of the State Board of Administration, to create a trust or
26 other special funds for the segregation of funds or assets
27 resulting from compensation deferred at the request of
28 employees of the state or its agencies and for the
29 administration of such program.
30 (c) The Chief Financial Officer Treasurer, with the
31 approval of the State Board of Administration, may delegate
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1 responsibility for administration of the plan to a person the
2 Chief Financial Officer Treasurer determines to be qualified,
3 compensate such person, and, directly or through such person
4 or pursuant to a collective bargaining agreement, contract
5 with a private corporation or institution to provide such
6 services as may be part of any such plan or as may be deemed
7 necessary or proper by the Chief Financial Officer Treasurer
8 or such person, including, but not limited to, providing
9 consolidated billing, individual and collective recordkeeping
10 and accountings, asset purchase, control, and safekeeping, and
11 direct disbursement of funds to employees or other
12 beneficiaries. The Chief Financial Officer Treasurer may
13 authorize a person, private corporation, or institution to
14 make direct disbursement of funds under the plan to an
15 employee or other beneficiary only upon the order of the
16 Comptroller to the Treasurer.
17 (d) In accordance with such approved plan, and upon
18 contract or agreement with an eligible employee, deferrals of
19 compensation may be accomplished by payroll deductions made by
20 the appropriate officer or officers of the state, with such
21 funds being thereafter held and administered in accordance
22 with the plan.
23 (6)(a) No deferred compensation plan of the state
24 shall become effective until approved by the State Board of
25 Administration and the Chief Financial Officer Treasurer is
26 satisfied by opinion from such federal agency or agencies as
27 may be deemed necessary that the compensation deferred
28 thereunder and/or the investment products purchased pursuant
29 to the plan will not be included in the employee's taxable
30 income under federal or state law until it is actually
31 received by such employee under the terms of the plan, and
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1 that such compensation will nonetheless be deemed compensation
2 at the time of deferral for the purposes of social security
3 coverage, for the purposes of the state retirement system, and
4 for any other retirement, pension, or benefit program
5 established by law.
6 (8)(a) There is hereby created a Deferred Compensation
7 Advisory Council composed of seven members.
8 1. One member shall be appointed by the Speaker of the
9 House of Representatives and the President of the Senate
10 jointly and shall be an employee of the legislative branch.
11 2. One member shall be appointed by the Chief Justice
12 of the Supreme Court and shall be an employee of the judicial
13 branch.
14 3. One member shall be appointed by the chair of the
15 Public Employees Relations Commission and shall be a nonexempt
16 public employee.
17 4. The remaining four members shall be employed by the
18 executive branch and shall be appointed as follows:
19 a. One member shall be appointed by the Chancellor of
20 the State University System and shall be an employee of the
21 university system.
22 b. One member shall be appointed by the Chief
23 Financial Officer Treasurer and shall be an employee of the
24 Chief Financial Officer Treasurer.
25 c. One member shall be appointed by the Governor and
26 shall be an employee of the executive branch.
27 d. One member shall be appointed by the Executive
28 Director of the State Board of Administration Comptroller and
29 shall be an employee of the State Board of Administration
30 Comptroller.
31
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1 (d) The council shall meet at the call of its chair,
2 at the request of a majority of its membership, or at the
3 request of the Chief Financial Officer Treasurer, but not less
4 than twice a year. The business of the council shall be
5 presented to the council in the form of an agenda. The agenda
6 shall be set by the Chief Financial Officer Treasurer and
7 shall include items of business requested by the council
8 members.
9 (f) The council shall make a report of each meeting to
10 the Chief Financial Officer Treasurer, which shall show the
11 names of the members present and shall include a record of its
12 discussions, recommendations, and actions taken. The Chief
13 Financial Officer Treasurer shall keep the records of the
14 proceedings of each meeting on file and shall make the records
15 available to any interested person or group.
16 (h) The advisory council shall provide assistance and
17 recommendations to the Chief Financial Officer Treasurer
18 relating to the provisions of the plan, the insurance or
19 investment options to be offered under the plan, and any other
20 contracts or appointments deemed necessary by the council and
21 the Chief Financial Officer Treasurer to carry out the
22 provisions of this act. The Chief Financial Officer Treasurer
23 shall inform the council of the manner in which each council
24 recommendation is being addressed. The Chief Financial
25 Officer Treasurer shall provide the council, at least
26 annually, a report on the status of the deferred compensation
27 program, including, but not limited to, information on
28 participant enrollment, amount of compensation deferred, total
29 plan assets, product provider performance, and participant
30 satisfaction with the program.
31 (10)
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1 (b)1. There is created in the State Treasury the
2 Deferred Compensation Trust Fund, through which the Chief
3 Financial Officer Treasurer as trustee shall hold moneys,
4 pensions, annuities, or other benefits accrued or accruing
5 under and pursuant to 26 U.S.C. s. 457 and the deferred
6 compensation plan provided for therein and adopted by this
7 state; and
8 a. All amounts of compensation deferred thereunder;
9 b. All property and rights purchased with such
10 amounts; and
11 c. All income attributable to such amounts, property,
12 or rights.
13 2. Notwithstanding the mandates of 26 U.S.C. s.
14 457(b)(6), all of the assets specified in subparagraph 1.
15 shall be held in trust for the exclusive benefit of
16 participants and their beneficiaries as mandated by 26 U.S.C.
17 s. 457(g)(1).
18 (11) With respect to any funds held pursuant to a
19 deferred compensation plan, any plan provider which is a bank
20 or savings association and which provides time deposit
21 accounts and certificates of deposit as an investment product
22 to the plan participants may, with the approval of the State
23 Board of Administration for providers in the state plan, or
24 with the approval of the appropriate official or body
25 designated under subsection (5) for a plan of a county,
26 municipality, other political subdivision, or constitutional
27 county officer, be exempt from the provisions of chapter 280
28 requiring it to be a qualified public depository, provided:
29 (a) The bank or savings association shall, to the
30 extent that the time deposit accounts or certificates of
31 deposit are not insured by the Federal Deposit Insurance
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1 Corporation or the Federal Savings and Loan Insurance
2 Corporation, deposit or issue pledge collateral with the Chief
3 Financial Officer Treasurer for all state funds held by it
4 under a deferred compensation plan, or with such other
5 appropriate official for all public funds held by it under a
6 deferred compensation plan of a county, municipality, other
7 political subdivision, or constitutional county officer, in an
8 amount which equals at least 150 percent of all uninsured
9 deferred compensation funds then held.
10 (b) Said collateral shall be of the kind permitted by
11 s. 280.13 and shall be pledged in the manner provided for by
12 the applicable provisions of chapter 280.
13
14 The Chief Financial Officer Treasurer shall have all the
15 applicable powers provided in ss. 280.04, 280.05, and 280.08
16 relating to the sale or other disposition of the pledged
17 collateral.
18 (12) The Chief Financial Officer Treasurer may adopt
19 any rule necessary to administer and implement this act with
20 respect to deferred compensation plans for state employees.
21 Section 127. Paragraph (h) of subsection (4) of
22 section 112.3144, Florida Statutes, is amended to read:
23 112.3144 Full and public disclosure of financial
24 interests.--
25 (4) Forms for compliance with the full and public
26 disclosure requirements of s. 8, Art. II of the State
27 Constitution shall be created by the Commission on Ethics. The
28 commission shall give notice of disclosure deadlines and
29 delinquencies and distribute forms in the following manner:
30 (h) Notwithstanding any provision of chapter 120, any
31 fine imposed under this subsection which is not waived by
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1 final order of the commission and which remains unpaid more
2 than 60 days after the notice of payment due or more than 60
3 days after the commission renders a final order on the appeal
4 must be submitted to the Department of Financial Services
5 Banking and Finance as a claim, debt, or other obligation owed
6 to the state, and the department shall assign the collection
7 of such fine to a collection agent as provided in s. 17.20.
8 Section 128. Paragraph (i) of subsection (6) of
9 section 112.3145, Florida Statutes, is amended to read:
10 112.3145 Disclosure of financial interests and clients
11 represented before agencies.--
12 (6) Forms for compliance with the disclosure
13 requirements of this section and a current list of persons
14 subject to disclosure shall be created by the commission and
15 provided to each supervisor of elections. The commission and
16 each supervisor of elections shall give notice of disclosure
17 deadlines and delinquencies and distribute forms in the
18 following manner:
19 (i) Notwithstanding any provision of chapter 120, any
20 fine imposed under this subsection which is not waived by
21 final order of the commission and which remains unpaid more
22 than 60 days after the notice of payment due or more than 60
23 days after the commission renders a final order on the appeal
24 must be submitted to the Department of Financial Services
25 Banking and Finance as a claim, debt, or other obligation owed
26 to the state, and the department shall assign the collection
27 of such a fine to a collection agent as provided in s. 17.20.
28 Section 129. Paragraph (c) of subsection (9) of
29 section 112.3189, Florida Statutes, is amended to read:
30 112.3189 Investigative procedures upon receipt of
31 whistle-blower information from certain state employees.--
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1 (9)
2 (c) The Chief Inspector General shall transmit any
3 final report under this section, any comments provided by the
4 complainant, and any appropriate comments or recommendations
5 by the Chief Inspector General to the Governor, to the Joint
6 Legislative Auditing Committee, to the investigating agency,
7 and to the Chief Financial Officer Comptroller.
8 Section 130. Paragraph (e) of subsection (3) of
9 section 112.31895, Florida Statutes, is amended to read:
10 112.31895 Investigative procedures in response to
11 prohibited personnel actions.--
12 (3) CORRECTIVE ACTION AND TERMINATION OF
13 INVESTIGATION.--
14 (e)1. The Florida Commission on Human Relations may
15 request an agency or circuit court to order a stay, on such
16 terms as the court requires, of any personnel action for 45
17 days if the Florida Commission on Human Relations determines
18 that reasonable grounds exist to believe that a prohibited
19 personnel action has occurred, is occurring, or is to be
20 taken. The Florida Commission on Human Relations may request
21 that such stay be extended for appropriate periods of time.
22 2. If, in connection with any investigation, the
23 Florida Commission on Human Relations determines that
24 reasonable grounds exist to believe that a prohibited action
25 has occurred, is occurring, or is to be taken which requires
26 corrective action, the Florida Commission on Human Relations
27 shall report the determination together with any findings or
28 recommendations to the agency head and may report that
29 determination and those findings and recommendations to the
30 Governor and the Chief Financial Officer Comptroller. The
31
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1 Florida Commission on Human Relations may include in the
2 report recommendations for corrective action to be taken.
3 3. If, after 20 days, the agency does not implement
4 the recommended action, the Florida Commission on Human
5 Relations shall terminate the investigation and notify the
6 complainant of the right to appeal under subsection (4), or
7 may petition the agency for corrective action under this
8 subsection.
9 4. If the Florida Commission on Human Relations finds,
10 in consultation with the individual subject to the prohibited
11 action, that the agency has implemented the corrective action,
12 the commission shall file such finding with the agency head,
13 together with any written comments that the individual
14 provides, and terminate the investigation.
15 Section 131. Paragraph (f) of subsection (5) of
16 section 112.3215, Florida Statutes, is amended to read:
17 112.3215 Lobbyists before the executive branch or the
18 Constitution Revision Commission; registration and reporting;
19 investigation by commission.--
20 (5)
21 (f) The commission shall provide by rule a procedure
22 by which a lobbyist who fails to timely file a report shall be
23 notified and assessed fines. The rule shall provide for the
24 following:
25 1. Upon determining that the report is late, the
26 person designated to review the timeliness of reports shall
27 immediately notify the lobbyist as to the failure to timely
28 file the report and that a fine is being assessed for each
29 late day. The fine shall be $50 per day per report for each
30 late day up to a maximum of $5,000 per late report.
31
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1 2. Upon receipt of the report, the person designated
2 to review the timeliness of reports shall determine the amount
3 of the fine due based upon the earliest of the following:
4 a. When a report is actually received by the lobbyist
5 registration and reporting office.
6 b. When the report is postmarked.
7 c. When the certificate of mailing is dated.
8 d. When the receipt from an established courier
9 company is dated.
10 3. Such fine shall be paid within 30 days after the
11 notice of payment due is transmitted by the Lobbyist
12 Registration Office, unless appeal is made to the commission.
13 The moneys shall be deposited into the Executive Branch Lobby
14 Registration Trust Fund.
15 4. A fine shall not be assessed against a lobbyist the
16 first time any reports for which the lobbyist is responsible
17 are not timely filed. However, to receive the one-time fine
18 waiver, all reports for which the lobbyist is responsible must
19 be filed within 30 days after the notice that any reports have
20 not been timely filed is transmitted by the Lobbyist
21 Registration Office. A fine shall be assessed for any
22 subsequent late-filed reports.
23 5. Any lobbyist may appeal or dispute a fine, based
24 upon unusual circumstances surrounding the failure to file on
25 the designated due date, and may request and shall be entitled
26 to a hearing before the commission, which shall have the
27 authority to waive the fine in whole or in part for good cause
28 shown. Any such request shall be made within 30 days after
29 the notice of payment due is transmitted by the Lobbyist
30 Registration Office. In such case, the lobbyist shall, within
31 the 30-day period, notify the person designated to review the
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1 timeliness of reports in writing of his or her intention to
2 bring the matter before the commission.
3 6. The person designated to review the timeliness of
4 reports shall notify the commission of the failure of a
5 lobbyist to file a report after notice or of the failure of a
6 lobbyist to pay the fine imposed.
7 7. Notwithstanding any provision of chapter 120, any
8 fine imposed under this subsection that is not waived by final
9 order of the commission and that remains unpaid more than 60
10 days after the notice of payment due or more than 60 days
11 after the commission renders a final order on the lobbyist's
12 appeal shall be collected by the Department of Financial
13 Services Banking and Finance as a claim, debt, or other
14 obligation owed to the state, and the department may assign
15 the collection of such fine to a collection agent as provided
16 in s. 17.20.
17 Section 132. Subsection (4) of section 112.63, Florida
18 Statutes, is amended to read:
19 112.63 Actuarial reports and statements of actuarial
20 impact; review.--
21 (4) Upon receipt, pursuant to subsection (2), of an
22 actuarial report, or upon receipt, pursuant to subsection (3),
23 of a statement of actuarial impact, the Department of
24 Management Services shall acknowledge such receipt, but shall
25 only review and comment on each retirement system's or plan's
26 actuarial valuations at least on a triennial basis. If the
27 department finds that the actuarial valuation is not complete,
28 accurate, or based on reasonable assumptions, or if the
29 department does not receive the actuarial report or statement
30 of actuarial impact, the department shall notify the local
31 government and request appropriate adjustment. If, after a
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1 reasonable period of time, a satisfactory adjustment is not
2 made, the affected local government or the department may
3 petition for a hearing under the provisions of ss. 120.569 and
4 120.57. If the administrative law judge recommends in favor of
5 the department, the department shall perform an actuarial
6 review or prepare the statement of actuarial impact. The cost
7 to the department of performing such actuarial review or
8 preparing such statement shall be charged to the governmental
9 entity of which the employees are covered by the retirement
10 system or plan. If payment of such costs is not received by
11 the department within 60 days after receipt by the
12 governmental entity of the request for payment, the department
13 shall certify to the Chief Financial Officer Comptroller the
14 amount due, and the Chief Financial Officer Comptroller shall
15 pay such amount to the department from any funds payable to
16 the governmental entity of which the employees are covered by
17 the retirement system or plan. If the administrative law
18 judge recommends in favor of the local retirement system and
19 the department performs an actuarial review, the cost to the
20 department of performing the actuarial review shall be paid by
21 the department.
22 Section 133. Section 116.03, Florida Statutes, is
23 amended to read:
24 116.03 Officers to report fees collected.--Each state
25 and county officer who receives all or any part of his or her
26 compensation in fees or commissions, or other remuneration,
27 shall keep a complete report of all fees and commissions, or
28 other remuneration collected, and shall make a report to the
29 Department of Financial Services Banking and Finance of all
30 such fees and commissions, or other remuneration, annually on
31 December 31 of each and every year. Such report shall be made
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1 upon forms to be prescribed from time to time by the
2 department, and shall show in detail the source, character and
3 amount of all his or her official expenses and the net amount
4 that the office has paid up to the time of making such report.
5 All officers shall make out, fill in and subscribe and
6 properly forward to the department such reports, and swear to
7 the accuracy and competency of such reports.
8 Section 134. Section 116.04, Florida Statutes, is
9 amended to read:
10 116.04 Failure of officer to make sworn report of
11 fees.--Any officer who shall fail or refuse to make,
12 subscribe, and swear, or to file with the Department of
13 Financial Services Banking and Finance a report of all fees,
14 commissions, or other remuneration collected, as required by
15 law, or if any officer shall knowingly or willfully make false
16 or incomplete reports, or in any report violate any of the
17 provisions of s. 116.03 he or she shall be guilty of a
18 misdemeanor of the first degree, punishable as provided in s.
19 775.082 or s. 775.083.
20 Section 135. Section 116.05, Florida Statutes, is
21 amended to read:
22 116.05 Examination and publication by Department of
23 Financial Services Banking and Finance.--The Department of
24 Financial Services Banking and Finance shall have examined and
25 verified any of the reports received under s. 116.03 whenever
26 in its judgment the same may be necessary, and the department
27 shall cause the matter and things in each of said reports to
28 be published one time in a newspaper published in the county
29 in which such report originated, in such form as it shall
30 direct, and the expense of such publication shall be paid by
31 the county commissioners of such county.
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1 Section 136. Section 116.06, Florida Statutes, is
2 amended to read:
3 116.06 Summary of reports; certain officers not
4 required to report fees.--A summary of all such reports shall
5 be included by the Department of Financial Services Banking
6 and Finance in its annual report to the Governor, except that
7 jurors and notaries public shall not be required to make such
8 reports as provided for in s. 116.03.
9 Section 137. Section 116.14, Florida Statutes, is
10 amended to read:
11 116.14 Receipts required from purchasers of state
12 property.--Upon the sale of any state property by the
13 superintendent and presidents of state institutions as
14 provided by law, they shall take receipt for the same from the
15 purchaser, which receipt shall be forwarded, together with the
16 proceeds of the sale, to the Chief Financial Officer State
17 Treasurer.
18 Section 138. Paragraph (c) of subsection (15) of
19 section 120.52, Florida Statutes, is amended to read:
20 120.52 Definitions.--As used in this act:
21 (15) "Rule" means each agency statement of general
22 applicability that implements, interprets, or prescribes law
23 or policy or describes the procedure or practice requirements
24 of an agency and includes any form which imposes any
25 requirement or solicits any information not specifically
26 required by statute or by an existing rule. The term also
27 includes the amendment or repeal of a rule. The term does not
28 include:
29 (c) The preparation or modification of:
30 1. Agency budgets.
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1 2. Statements, memoranda, or instructions to state
2 agencies issued by the Chief Financial Officer or Comptroller
3 as chief fiscal officer of the state and relating or
4 pertaining to claims for payment submitted by state agencies
5 to the Chief Financial Officer or Comptroller.
6 3. Contractual provisions reached as a result of
7 collective bargaining.
8 4. Memoranda issued by the Executive Office of the
9 Governor relating to information resources management.
10 Section 139. Subsections (3) and (9) of section
11 120.80, Florida Statutes, are amended to read:
12 120.80 Exceptions and special requirements;
13 agencies.--
14 (3) OFFICE OF FINANCIAL REGULATION DEPARTMENT OF
15 BANKING AND FINANCE.--
16 (a) Notwithstanding s. 120.60(1), in proceedings for
17 the issuance, denial, renewal, or amendment of a license or
18 approval of a merger pursuant to title XXXVIII:
19 1.a. The Office of Financial Regulation of the
20 Financial Services Commission Department of Banking and
21 Finance shall have published in the Florida Administrative
22 Weekly notice of the application within 21 days after receipt.
23 b. Within 21 days after publication of notice, any
24 person may request a hearing. Failure to request a hearing
25 within 21 days after notice constitutes a waiver of any right
26 to a hearing. The Office of Financial Regulation Department of
27 Banking and Finance or an applicant may request a hearing at
28 any time prior to the issuance of a final order. Hearings
29 shall be conducted pursuant to ss. 120.569 and 120.57, except
30 that the Financial Services Commission Department of Banking
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1 and Finance shall by rule provide for participation by the
2 general public.
3 2. Should a hearing be requested as provided by
4 sub-subparagraph 1.b., the applicant or licensee shall publish
5 at its own cost a notice of the hearing in a newspaper of
6 general circulation in the area affected by the application.
7 The Financial Services Commission Department of Banking and
8 Finance may by rule specify the format and size of the notice.
9 3. Notwithstanding s. 120.60(1), and except as
10 provided in subparagraph 4., every application for license for
11 a new bank, new trust company, new credit union, or new
12 savings and loan association shall be approved or denied
13 within 180 days after receipt of the original application or
14 receipt of the timely requested additional information or
15 correction of errors or omissions. Any application for such a
16 license or for acquisition of such control which is not
17 approved or denied within the 180-day period or within 30 days
18 after conclusion of a public hearing on the application,
19 whichever is later, shall be deemed approved subject to the
20 satisfactory completion of conditions required by statute as a
21 prerequisite to license and approval of insurance of accounts
22 for a new bank, a new savings and loan association, or a new
23 credit union by the appropriate insurer.
24 4. In the case of every application for license to
25 establish a new bank, trust company, or capital stock savings
26 association in which a foreign national proposes to own or
27 control 10 percent or more of any class of voting securities,
28 and in the case of every application by a foreign national for
29 approval to acquire control of a bank, trust company, or
30 capital stock savings association, the Office of Financial
31 Regulation Department of Banking and Finance shall request
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1 that a public hearing be conducted pursuant to ss. 120.569 and
2 120.57. Notice of such hearing shall be published by the
3 applicant as provided in subparagraph 2. The failure of any
4 such foreign national to appear personally at the hearing
5 shall be grounds for denial of the application.
6 Notwithstanding the provisions of s. 120.60(1) and
7 subparagraph 3., every application involving a foreign
8 national shall be approved or denied within 1 year after
9 receipt of the original application or any timely requested
10 additional information or the correction of any errors or
11 omissions, or within 30 days after the conclusion of the
12 public hearing on the application, whichever is later.
13 (b) In any application for a license or merger
14 pursuant to title XXXVIII which is referred by the agency to
15 the division for hearing, the administrative law judge shall
16 complete and submit to the agency and to all parties a written
17 report consisting of findings of fact and rulings on
18 evidentiary matters. The agency shall allow each party at
19 least 10 days in which to submit written exceptions to the
20 report.
21 (9) OFFICE OF INSURANCE REGULATION DEPARTMENT OF
22 INSURANCE.--Notwithstanding s. 120.60(1), every application
23 for a certificate of authority as required by s. 624.401 shall
24 be approved or denied within 180 days after receipt of the
25 original application. Any application for a certificate of
26 authority which is not approved or denied within the 180-day
27 period, or within 30 days after conclusion of a public hearing
28 held on the application, shall be deemed approved, subject to
29 the satisfactory completion of conditions required by statute
30 as a prerequisite to licensure.
31
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1 Section 140. Subsection (8) of section 121.051,
2 Florida Statutes, is amended to read:
3 121.051 Participation in the system.--
4 (8) DIVISION OF REHABILITATION AND LIQUIDATION
5 EMPLOYEES MEMBERSHIP.--Effective July 1, 1994, the regular
6 receivership employees of the Division of Rehabilitation and
7 Liquidation of the Department of Financial Services who are
8 assigned to established positions and are subject to
9 established rules and regulations regarding discipline, pay,
10 classification, and time and attendance are hereby declared to
11 be state employees within the meaning of this chapter and
12 shall be compulsory members in compliance with this chapter,
13 the provisions of s. 216.011(1)(dd)2., notwithstanding.
14 Employment performed before July 1, 1994, as such a
15 receivership employee may be claimed as creditable retirement
16 service upon payment by the employee or employer of
17 contributions required in s. 121.081(1), as applicable for the
18 period claimed.
19 Section 141. Paragraph (e) of subsection (1) of
20 section 121.055, Florida Statutes, is amended to read:
21 121.055 Senior Management Service Class.--There is
22 hereby established a separate class of membership within the
23 Florida Retirement System to be known as the "Senior
24 Management Service Class," which shall become effective
25 February 1, 1987.
26 (1)
27 (e) Effective January 1, 1991, participation in the
28 Senior Management Service Class shall be compulsory for the
29 number of senior managers who have policymaking authority with
30 the State Board of Administration, as determined by the
31 Governor, Chief Financial Officer Treasurer, and Attorney
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1 General Comptroller acting as the State Board of
2 Administration, unless such member elects to participate in
3 the Senior Management Service Optional Annuity Program as
4 established in subsection (6) in lieu of participation in the
5 Senior Management Service Class. Such election shall be made
6 in writing and filed with the division and the personnel
7 officer of the State Board of Administration within 90 days
8 after becoming eligible for membership in the Senior
9 Management Service Class.
10 Section 142. Paragraph (a) of subsection (2) of
11 section 121.061, Florida Statutes, is amended to read:
12 121.061 Funding.--
13 (2)(a) Should any employer other than a state employer
14 fail to make the retirement and social security contributions,
15 both member and employer contributions, required by this
16 chapter, then, upon request by the administrator, the
17 Department of Revenue or the Department of Financial Services
18 Banking and Finance, as the case may be, shall deduct the
19 amount owed by the employer from any funds to be distributed
20 by it to the county, city, special district, or consolidated
21 form of government. The amounts so deducted shall be
22 transferred to the administrator for further distribution to
23 the trust funds in accordance with this chapter.
24 Section 143. Section 121.133, Florida Statutes, is
25 amended to read:
26 121.133 Cancellation of uncashed
27 warrants.--Notwithstanding the provisions of s. 17.26 or s.
28 717.123 to the contrary, effective July 1, 1998, if any state
29 warrant issued by the Chief Financial Officer Comptroller for
30 the payment of retirement benefits from the Florida Retirement
31 System Trust Fund, or any other pension trust fund
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1 administered by the department, is not presented for payment
2 within 1 year after the last day of the month in which it was
3 originally issued, the Chief Financial Officer Comptroller
4 shall cancel the benefit warrant and credit the amount of the
5 warrant to the Florida Retirement System Trust Fund or other
6 pension trust fund administered by the department, as
7 appropriate. The department may provide for issuance of a
8 replacement warrant when deemed appropriate.
9 Section 144. Paragraph (b) of subsection (4) of
10 section 122.35, Florida Statutes, is amended to read:
11 122.35 Funding.--
12 (4) Effective October 1, 1967, the proceeds of the
13 intangible tax collections of the state remaining after the
14 payment of administrative expenses, commissions which are
15 applicable, and other costs incident to its collection shall
16 be set aside into an account designated as account B of the
17 Intangible Tax Trust Fund, which account shall also receive
18 all of the matching payments for retirement and social
19 security remitted by each officer or board as provided in
20 subsection (1). The amounts received and deposited into
21 account B of the Intangible Tax Trust Fund are appropriated
22 and shall be used for the following purposes and paid out on
23 the priority basis as shown below:
24 (b) After the retirement and social security
25 contributions of all members have been matched as provided in
26 paragraph (a), the balance remaining in account B of the
27 Intangible Tax Trust Fund shall be distributed as follows:
28 1. Each county shall receive each fiscal year ending
29 June 30 an allocation in an amount equal to 55 percent of the
30 total net intangible taxes collected and remitted to the
31
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1 Department of Revenue by the tax collector of the county
2 during the prior fiscal year.
3 a. Commencing October 1, 1967, and every October 1
4 thereafter and continuing on the first day of each subsequent
5 month through June 30 of each fiscal year each board of county
6 commissions of the several counties of the state shall receive
7 an allocation from account B of the Intangible Tax Trust Fund.
8 This allocation shall not include the school boards of the
9 several counties of the state. The amount of said monthly
10 allocation shall be equal to the average amount required to be
11 matched by the Intangible Tax Trust Fund for the corresponding
12 months during the 1966-1967 fiscal year as computed by the
13 Chief Financial Officer Comptroller, or one-twelfth of the
14 Chief Financial Officer's Comptroller's estimate of the
15 county's allocation, whichever is smaller, and an adjustment
16 to reconcile the monthly allocations with the actual amount to
17 be received pursuant to this subparagraph, shall be made not
18 later than 60 days after the end of the fiscal year.
19 b. Each county, county agency and school board shall
20 pay all matching cost for retirement and social security as
21 required by this act and s. 238.11(1), notwithstanding the
22 provisions of any other law.
23 2. The balance remaining in account B of the
24 Intangible Tax Trust Fund after the retirement and social
25 security contributions have been matched and the allocations
26 to each county have been paid as provided in this act, shall
27 be paid over to the General Revenue Fund of the state.
28 Section 145. Paragraphs (a) and (b) of subsection (11)
29 of section 125.0104, Florida Statutes, are amended to read:
30 125.0104 Tourist development tax; procedure for
31 levying; authorized uses; referendum; enforcement.--
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1 (11) INTEREST PAID ON DISTRIBUTIONS.--
2 (a) Interest shall be paid on undistributed taxes
3 collected and remitted to the Department of Revenue under this
4 section. Such interest shall be included along with the tax
5 proceeds distributed to the counties and shall be paid from
6 moneys transferred from the General Revenue Fund. The
7 department shall calculate the interest for net tax
8 distributions using the average daily rate that was earned by
9 the State Treasury for the preceding calendar quarter and paid
10 to the General Revenue Fund. This rate shall be certified by
11 the Chief Financial Officer Treasurer to the department by the
12 20th day following the close of each quarter.
13 (b) The interest applicable to taxes collected under
14 this section shall be calculated by multiplying the tax
15 amounts to be distributed times the daily rate times the
16 number of days after the third working day following the date
17 the tax is due and payable pursuant to s. 212.11 until the
18 date the department issues a voucher to request the Chief
19 Financial Officer Comptroller to issue the payment warrant.
20 The warrant shall be issued within 7 days after the request.
21 Section 146. Paragraph (b) of subsection (2) of
22 section 129.201, Florida Statutes, is amended to read:
23 129.201 Budget of supervisor of elections; manner and
24 time of preparation and presentation.--
25 (2)
26 (b) To the extent appropriate, the budget shall be
27 further itemized in conformance with the Uniform Accounting
28 System for Local Units of Government in Florida adopted
29 promulgated by rule of the Chief Financial Officer Comptroller
30 of the state.
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1 Section 147. Section 131.05, Florida Statutes, is
2 amended to read:
3 131.05 Disposition of proceeds of sale.--In the event
4 refunding bonds are issued under the provisions of this
5 chapter prior to the date of maturity or option date of the
6 obligations proposed to be refunded, the proceeds of said
7 refunding bonds shall be deposited in a bank or trust company
8 within the state, which depository shall give a surety bond,
9 or other such bonds as are authorized by law to be accepted
10 for securing county and city funds, satisfactory to the
11 Department of Financial Services Banking and Finance for the
12 full amount of money so deposited, and the funds so deposited
13 shall only be withdrawn with the approval of the department,
14 for the purpose of paying the obligations to refund which said
15 bonds were issued.
16 Section 148. Section 137.09, Florida Statutes, is
17 amended to read:
18 137.09 Justification and approval of bonds.--Each
19 surety upon every bond of any county officer shall make
20 affidavit that he or she is a resident of the county for which
21 the officer is to be commissioned, and that he or she has
22 sufficient visible property therein unencumbered and not
23 exempt from sale under legal process to make good his or her
24 bond. Every such bond shall be approved by the board of
25 county commissioners and by the Department of Financial
26 Services Banking and Finance when they and it are satisfied in
27 their judgment that the same is legal, sufficient, and proper
28 to be approved.
29 Section 149. Section 145.141, Florida Statutes, is
30 amended to read:
31
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1 145.141 Deficiency to be paid by board of county
2 commissioners.--Should any county officer have insufficient
3 revenue from the income of his or her office, after paying
4 office personnel and expenses, to pay his or her total annual
5 salary, the board of county commissioners shall pay any
6 deficiency in salary from the general revenue fund and notify
7 the Department of Financial Services Banking and Finance. The
8 deficiency shall be listed in the comptroller's annual report
9 of county finances and county fee officers.
10 Section 150. Subsections (1) and (2) of section
11 154.02, Florida Statutes, are amended to read:
12 154.02 County Health Department Trust Fund.--
13 (1) To enable counties to provide public health
14 services and maintain public health equipment and facilities,
15 each county in the state with a population exceeding 100,000,
16 according to the last state census, may levy an annual tax not
17 exceeding 0.5 mill; each county in the state with a population
18 exceeding 40,000 and not exceeding 100,000, according to the
19 last state census, may levy an annual tax not exceeding 1
20 mill; and each county in the state with a population not
21 exceeding 40,000, according to the last state census, may levy
22 an annual tax not exceeding 2 mills, on the dollar on all
23 taxable property in such county, the proceeds of which tax, if
24 so contracted with the state, shall be paid to the Chief
25 Financial Officer Treasurer. However, the board of county
26 commissioners may elect to pay in 12 equal monthly
27 installments. Such funds in the hands of the Chief Financial
28 Officer Treasurer shall be placed in the county health
29 department trust funds of the county by which such funds were
30 raised, and such funds shall be expended by the Department of
31
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1 Health solely for the purpose of carrying out the intent and
2 object of the public health contract.
3 (2) The Chief Financial Officer Treasurer shall
4 maintain a full-time County Health Department Trust Fund which
5 shall contain all state and local funds to be expended by
6 county health departments. Such funds shall be expended by
7 the Department of Health solely for the purposes of carrying
8 out the intent and purpose of this part. Federal funds may be
9 deposited in the trust fund.
10 Section 151. Subsection (1) of section 154.03, Florida
11 Statutes, is amended to read:
12 154.03 Cooperation with Department of Health and
13 United States Government.--
14 (1) The county commissioners of any county may agree
15 with the Department of Health upon the expenditure by the
16 department in such county of any funds allotted for that
17 purpose by the department or received by it for such purposes
18 from private contributions or other sources, and such funds
19 shall be paid to the Chief Financial Officer Treasurer and
20 shall form a part of the full-time county health department
21 trust fund of such county; and such funds shall be expended by
22 the department solely for the purposes of this chapter. The
23 department is further authorized to arrange and agree with the
24 United States Government, through its duly authorized
25 officials, for the allocation and expenditure by the United
26 States of funds of the United States in the study of causes of
27 disease and prevention thereof in such full-time county health
28 departments when and where established by the department under
29 this part.
30 Section 152. Section 154.05, Florida Statutes, is
31 amended to read:
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1 154.05 Cooperation and agreements between
2 counties.--Two or more counties may combine in the
3 establishment and maintenance of a single full-time county
4 health department for the counties which combine for that
5 purpose; and, pursuant to such combination or agreement, such
6 counties may cooperate with one another and the Department of
7 Health and contribute to a joint fund in carrying out the
8 purpose and intent of this chapter. The duration and nature
9 of such agreement shall be evidenced by resolutions of the
10 boards of county commissioners of such counties and shall be
11 submitted to and approved by the department. In the event of
12 any such agreement, a full-time county health department shall
13 be established and maintained by the department in and for the
14 benefit of the counties which have entered into such an
15 agreement; and, in such case, the funds raised by taxation
16 pursuant to this chapter by each such county shall be paid to
17 the Chief Financial Officer Treasurer for the account of the
18 department and shall be known as the full-time county health
19 department trust fund of the counties so cooperating. Such
20 trust funds shall be used and expended by the department for
21 the purposes specified in this chapter in each county which
22 has entered into such agreement. In case such an agreement is
23 entered into between two or more counties, the work
24 contemplated by this chapter shall be done by a single
25 full-time county health department in the counties so
26 cooperating; and the nature, extent, and location of such work
27 shall be under the control and direction of the department.
28 Section 153. Subsection (2) of section 154.06, Florida
29 Statutes, is amended to read:
30 154.06 Fees and services rendered; authority.--
31
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1 (2) All funds collected under this section shall be
2 expended solely for the purpose of providing health services
3 and facilities within the county served by the county health
4 department. Fees collected by county health departments
5 pursuant to department rules shall be deposited with the Chief
6 Financial Officer Treasurer and credited to the County Health
7 Department Trust Fund. Fees collected by the county health
8 department for public health services or personal health
9 services shall be allocated to the state and the county based
10 upon the pro rata share of funding for each such service. The
11 board of county commissioners, if it has so contracted, shall
12 provide for the transmittal of funds collected for its pro
13 rata share of personal health services or primary care
14 services rendered under the provisions of this section to the
15 State Treasury for credit to the County Health Department
16 Trust Fund, but in any event the proceeds from such fees may
17 only be used to fund county health department services.
18 Section 154. Paragraphs (d) and (e) of subsection (17)
19 of section 154.209, Florida Statutes, are amended to read:
20 154.209 Powers of authority.--The purpose of the
21 authority shall be to assist health facilities in the
22 acquisition, construction, financing, and refinancing of
23 projects in any corporated or unincorporated area within the
24 geographical limits of the local agency. For this purpose,
25 the authority is authorized and empowered:
26 (17) To issue special obligation revenue bonds for the
27 purpose of establishing and maintaining the self-insurance
28 pool and to provide reserve funds in connection therewith,
29 such bonds to be payable from funds available in the pool from
30 time to time or from assessments against participating health
31 facilities for the purpose of providing required contributions
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1 to the fund. With respect to the issuance of such bonds or
2 notes the following provisions shall apply:
3 (d) Any self-insurance pool funded pursuant to this
4 section shall maintain excess insurance which provides
5 specific and aggregate limits and a retention level determined
6 in accordance with sound actuarial principles. The Office of
7 Insurance Regulation of the Financial Services Commission
8 Department of Insurance may waive this requirement if the fund
9 demonstrates that its operation is and will be actuarially
10 sound without obtaining excess insurance.
11 (e) Prior to the issuance of any bonds pursuant to
12 this section for the purpose of acquiring liability coverage
13 contracts from the self-insurance pool, the Office of
14 Insurance Regulation Department of Insurance shall certify
15 that excess liability coverage for the health facility is
16 reasonably unobtainable in the amounts provided by such pool
17 or that the liability coverage obtained through acquiring
18 contracts from the self-insurance pool, after taking into
19 account costs of issuance of bonds and any other
20 administrative fees, is less expensive to the health facility
21 than similar commercial coverage then reasonably available.
22 Section 155. Section 154.314, Florida Statutes, is
23 amended to read:
24 154.314 Certification of the State of Florida.--
25 (1) In the event payment for the costs of services
26 rendered by a participating hospital or a regional referral
27 hospital is not received from the responsible county within 90
28 days of receipt of a statement for services rendered to a
29 qualified indigent who is a certified resident of the county,
30 or if the payment is disputed and said payment is not received
31 from the county determined to be responsible within 60 days of
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1 the date of exhaustion of all administrative and legal
2 remedies, the hospital shall certify to the Chief Financial
3 Officer Comptroller the amount owed by the county.
4 (2) The Chief Financial Officer Comptroller shall have
5 no longer than 45 days from the date of receiving the
6 hospital's certified notice to forward the amount delinquent
7 to the appropriate hospital from any funds due to the county
8 under any revenue-sharing or tax-sharing fund established by
9 the state, except as otherwise provided by the State
10 Constitution. The Chief Financial Officer Comptroller shall
11 provide the Governor and the fiscal committees in the House of
12 Representatives and the Senate with a quarterly accounting of
13 the amounts certified by hospitals as owed by counties and the
14 amount paid to hospitals out of any revenue or tax sharing
15 funds due to the county.
16 Section 156. Paragraph (e) of subsection (7) of
17 section 163.01, Florida Statutes, is amended to read:
18 163.01 Florida Interlocal Cooperation Act of 1969.--
19 (7)
20 (e)1. Notwithstanding the provisions of paragraph (c),
21 any separate legal entity, created pursuant to the provisions
22 of this section and controlled by counties or municipalities
23 of this state, the membership of which consists or is to
24 consist only of public agencies of this state, may, for the
25 purpose of financing acquisition of liability coverage
26 contracts from one or more local government liability pools to
27 provide liability coverage for counties, municipalities, or
28 other public agencies of this state, exercise all powers in
29 connection with the authorization, issuance, and sale of
30 bonds. All of the privileges, benefits, powers, and terms of
31 s. 125.01 relating to counties and s. 166.021 relating to
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1 municipalities shall be fully applicable to such entity and
2 such entity shall be considered a unit of local government for
3 all of the privileges, benefits, powers, and terms of part I
4 of chapter 159. Bonds issued by such entity shall be deemed
5 issued on behalf of counties, municipalities, or public
6 agencies which enter into loan agreements with such entity as
7 provided in this paragraph. Proceeds of bonds issued by such
8 entity may be loaned to counties, municipalities, or other
9 public agencies of this state, whether or not such counties,
10 municipalities, or other public agencies are also members of
11 the entity issuing the bonds, and such counties,
12 municipalities, or other public agencies may in turn deposit
13 such loan proceeds with a separate local government liability
14 pool for purposes of acquiring liability coverage contracts.
15 2. Counties or municipalities of this state are
16 authorized pursuant to this section, in addition to the
17 authority provided by s. 125.01, part II of chapter 166, and
18 other applicable law, to issue bonds for the purpose of
19 acquiring liability coverage contracts from a local government
20 liability pool. Any individual county or municipality may, by
21 entering into interlocal agreements with other counties,
22 municipalities, or public agencies of this state, issue bonds
23 on behalf of itself and other counties, municipalities, or
24 other public agencies, for purposes of acquiring a liability
25 coverage contract or contracts from a local government
26 liability pool. Counties, municipalities, or other public
27 agencies are also authorized to enter into loan agreements
28 with any entity created pursuant to subparagraph 1., or with
29 any county or municipality issuing bonds pursuant to this
30 subparagraph, for the purpose of obtaining bond proceeds with
31 which to acquire liability coverage contracts from a local
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1 government liability pool. No county, municipality, or other
2 public agency shall at any time have more than one loan
3 agreement outstanding for the purpose of obtaining bond
4 proceeds with which to acquire liability coverage contracts
5 from a local government liability pool. Obligations of any
6 county, municipality, or other public agency of this state
7 pursuant to a loan agreement as described above may be
8 validated as provided in chapter 75. Prior to the issuance of
9 any bonds pursuant to subparagraph 1. or this subparagraph for
10 the purpose of acquiring liability coverage contracts from a
11 local government liability pool, the reciprocal insurer or the
12 manager of any self-insurance program shall demonstrate to the
13 satisfaction of the Office of Insurance Regulation of the
14 Financial Services Commission Department of Insurance that
15 excess liability coverage for counties, municipalities, or
16 other public agencies is reasonably unobtainable in the
17 amounts provided by such pool or that the liability coverage
18 obtained through acquiring contracts from a local government
19 liability pool, after taking into account costs of issuance of
20 bonds and any other administrative fees, is less expensive to
21 counties, municipalities, or special districts than similar
22 commercial coverage then reasonably available.
23 3. Any entity created pursuant to this section or any
24 county or municipality may also issue bond anticipation notes,
25 as provided by s. 215.431, in connection with the
26 authorization, issuance, and sale of such bonds. In addition,
27 the governing body of such legal entity or the governing body
28 of such county or municipality may also authorize bonds to be
29 issued and sold from time to time and may delegate, to such
30 officer, official, or agent of such legal entity as the
31 governing body of such legal entity may select, the power to
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1 determine the time; manner of sale, public or private;
2 maturities; rate or rates of interest, which may be fixed or
3 may vary at such time or times and in accordance with a
4 specified formula or method of determination; and other terms
5 and conditions as may be deemed appropriate by the officer,
6 official, or agent so designated by the governing body of such
7 legal entity. However, the amounts and maturities of such
8 bonds and the interest rate or rates of such bonds shall be
9 within the limits prescribed by the governing body of such
10 legal entity and its resolution delegating to such officer,
11 official, or agent the power to authorize the issuance and
12 sale of such bonds. Any series of bonds issued pursuant to
13 this paragraph shall mature no later than 7 years following
14 the date of issuance thereof.
15 4. Bonds issued pursuant to subparagraph 1. may be
16 validated as provided in chapter 75. The complaint in any
17 action to validate such bonds shall be filed only in the
18 Circuit Court for Leon County. The notice required to be
19 published by s. 75.06 shall be published in Leon County and in
20 each county which is an owner of the entity issuing the bonds,
21 or in which a member of the entity is located, and the
22 complaint and order of the circuit court shall be served only
23 on the State Attorney of the Second Judicial Circuit and on
24 the state attorney of each circuit in each county or
25 municipality which is an owner of the entity issuing the bonds
26 or in which a member of the entity is located.
27 5. Bonds issued pursuant to subparagraph 2. may be
28 validated as provided in chapter 75. The complaint in any
29 action to validate such bonds shall be filed in the circuit
30 court of the county or municipality which will issue the
31 bonds. The notice required to be published by s. 75.06 shall
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1 be published only in the county where the complaint is filed,
2 and the complaint and order of the circuit court shall be
3 served only on the state attorney of the circuit in the county
4 or municipality which will issue the bonds.
5 6. The participation by any county, municipality, or
6 other public agency of this state in a local government
7 liability pool shall not be deemed a waiver of immunity to the
8 extent of liability coverage, nor shall any contract entered
9 regarding such a local government liability pool be required
10 to contain any provision for waiver.
11 Section 157. Subsections (4), (5), (6), (7), (8), and
12 (9) of section 163.055, Florida Statutes, are amended to read:
13 163.055 Local Government Financial Technical
14 Assistance Program.--
15 (4) The Chief Financial Officer Comptroller shall
16 enter into contracts with program providers who shall:
17 (a) Be a public agency or private, nonprofit
18 corporation, association, or entity.
19 (b) Use existing resources, services, and information
20 that are available from state or local agencies, universities,
21 or the private sector.
22 (c) Seek and accept funding from any public or private
23 source.
24 (d) Annually submit information to assist the
25 Legislative Committee on Intergovernmental Relations in
26 preparing a performance review that will include an analysis
27 of the effectiveness of the program.
28 (e) Assist municipalities and independent special
29 districts in developing alternative revenue sources.
30 (f) Provide for an annual independent financial audit
31 of the program, if the program receives funding.
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1 (g) Provide assistance to municipalities and special
2 districts in the areas of financial management, accounting,
3 investing, budgeting, and debt issuance.
4 (h) Develop a needs assessment to determine where
5 assistance should be targeted, and to establish a priority
6 system to deliver assistance to those jurisdictions most in
7 need through the most economical means available.
8 (i) Provide financial emergency assistance upon
9 direction from the Executive Office of the Governor pursuant
10 to s. 218.503.
11 (5)(a) The Chief Financial Officer Comptroller shall
12 issue a request for proposals to provide assistance to
13 municipalities and special districts. At the request of the
14 Chief Financial Officer Comptroller, the Legislative Committee
15 on Intergovernmental Relations shall assist in the preparation
16 of the request for proposals.
17 (b) The Chief Financial Officer Comptroller shall
18 review each contract proposal submitted.
19 (c) The Legislative Committee on Intergovernmental
20 Relations shall review each contract proposal and submit to
21 the Chief Financial Officer Comptroller, in writing, advisory
22 comments and recommendations, citing with specificity the
23 reasons for its recommendations.
24 (d) The Chief Financial Officer Comptroller and the
25 Legislative Committee on Intergovernmental Relations shall
26 consider the following factors in reviewing contract
27 proposals:
28 1. The demonstrated capacity of the provider to
29 conduct needs assessments and implement the program as
30 proposed.
31
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1 2. The number of municipalities and special districts
2 to be served under the proposal.
3 3. The cost of the program as specified in a proposed
4 budget.
5 4. The short-term and long-term benefits of the
6 assistance to municipalities and special districts.
7 5. The form and extent to which existing resources,
8 services, and information that are available from state and
9 local agencies, universities, and the private sector will be
10 used by the provider under the contract.
11 (6) A decision of the Chief Financial Officer
12 Comptroller to award a contract under this section is final
13 and shall be in writing with a copy provided to the
14 Legislative Committee on Intergovernmental Relations.
15 (7) The Chief Financial Officer Comptroller may enter
16 into contracts and agreements with other state and local
17 agencies and with any person, association, corporation, or
18 entity other than the program providers, for the purpose of
19 administering this section.
20 (8) The Chief Financial Officer Comptroller shall
21 provide fiscal oversight to ensure that funds expended for the
22 program are used in accordance with the contracts entered into
23 pursuant to subsection (4).
24 (9) The Legislative Committee on Intergovernmental
25 Relations shall annually conduct a performance review of the
26 program. The findings of the review shall be presented in a
27 report submitted to the Governor, the President of the Senate,
28 the Speaker of the House of Representatives, and the Chief
29 Financial Officer Comptroller by January 15 of each year.
30 Section 158. Subsection (6) of section 163.3167,
31 Florida Statutes, is amended to read:
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1 163.3167 Scope of act.--
2 (6) When a regional planning agency is required to
3 prepare or amend a comprehensive plan, or element or portion
4 thereof, pursuant to subsections (3) and (4), the regional
5 planning agency and the local government may agree to a method
6 of compensating the regional planning agency for any
7 verifiable, direct costs incurred. If an agreement is not
8 reached within 6 months after the date the regional planning
9 agency assumes planning responsibilities for the local
10 government pursuant to subsections (3) and (4) or by the time
11 the plan or element, or portion thereof, is completed,
12 whichever is earlier, the regional planning agency shall file
13 invoices for verifiable, direct costs involved with the
14 governing body. Upon the failure of the local government to
15 pay such invoices within 90 days, the regional planning agency
16 may, upon filing proper vouchers with the Chief Financial
17 Officer State Comptroller, request payment by the Chief
18 Financial Officer State Comptroller from unencumbered revenue
19 or other tax sharing funds due such local government from the
20 state for work actually performed, and the Chief Financial
21 Officer State Comptroller shall pay such vouchers; however,
22 the amount of such payment shall not exceed 50 percent of such
23 funds due such local government in any one year.
24 Section 159. Section 166.111, Florida Statutes, is
25 amended to read:
26 166.111 Authority to borrow.--
27 (1) The governing body of every municipality may
28 borrow money, contract loans, and issue bonds as defined in s.
29 166.101 from time to time to finance the undertaking of any
30 capital or other project for the purposes permitted by the
31 State Constitution and may pledge the funds, credit, property,
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1 and taxing power of the municipality for the payment of such
2 debts and bonds.
3 (2)(a) The Legislature finds:
4 1. The widespread and massive damage to persons and
5 property caused by the August 24, 1992, storm known as
6 Hurricane Andrew has generated insurance claims of such a
7 nature as to render numerous insurers operating within this
8 state insolvent, and therefore unable to satisfy covered
9 claims.
10 2. The inability of insureds within this state to
11 receive payment of covered claims or to receive such payment
12 on a timely basis creates financial and other hardships for
13 such insureds and places undue burdens on the state, the
14 affected units of local government, and the community at
15 large.
16 3. In addition, the failure of insurers to pay covered
17 claims or to pay such claims on a timely basis due to the
18 insolvency of such insurers can undermine the public's
19 confidence in insurers operating within this state, thereby
20 adversely affecting the stability of the insurance industry in
21 this state.
22 4. The state has previously taken action to address
23 these problems by adopting the Florida Insurance Guaranty
24 Association Act, which, among other things, provides a
25 mechanism for the payment of covered claims under certain
26 insurance policies to avoid excessive delay in payment and to
27 avoid financial loss to claimants or policyholders because of
28 the insolvency of an insurer.
29 5. In the wake of the unprecedented destruction caused
30 by Hurricane Andrew, the resultant covered claims, and the
31 number of insurers rendered insolvent thereby, it is evident
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1 that alternative programs must be developed to allow the
2 Florida Insurance Guaranty Association to more expeditiously
3 and effectively provide for the payment of covered claims.
4 6. It is therefore determined to be in the best
5 interests of, and necessary for, the protection of the public
6 health, safety, and general welfare of the residents of this
7 state, and for the protection and preservation of the economic
8 stability of insurers operating in this state, and it is
9 hereby declared to be an essential public purpose, to permit
10 certain municipalities to take such actions as will provide
11 relief to claimants and policyholders having covered claims
12 against insolvent insurers operating in this state, by
13 expediting the handling and payment of covered claims.
14 7. To achieve the foregoing purposes, it is proper to
15 authorize municipalities of this state substantially affected
16 by Hurricane Andrew to issue bonds to assist the Florida
17 Insurance Guaranty Association in expediting the handling and
18 payment of covered claims against insolvent insurers operating
19 in this state.
20 8. In order to avoid the needless and indiscriminate
21 proliferation, duplication, and fragmentation of such
22 assistance programs, it is proper to authorize a municipality
23 severely affected by Hurricane Andrew to provide for the
24 payment of covered claims beyond its territorial limits in the
25 implementation of such programs.
26 (b) The governing body of any municipality the
27 residents of which have been substantially affected by the
28 August 24, 1992, storm known as Hurricane Andrew, or any
29 county as defined in s. 125.011(1), may issue no more than
30 $500 million, in aggregate principal amount, of bonds as
31 defined in s. 166.101 from time to time to fund an assistance
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1 program, in conjunction with the Florida Insurance Guaranty
2 Association, for the purpose of paying to claimants or
3 policyholders covered claims, as such term is defined in s.
4 631.54(3), arising through the insolvency of an insurer
5 occurring on or before March 31, 1993, which insolvency is
6 determined by the Florida Insurance Guaranty Association to
7 have been a result of Hurricane Andrew, regardless of whether
8 such claimants or policyholders are residents of such
9 municipality or the property to which such claim relates is
10 located within or outside of the territorial jurisdiction of
11 such municipality. A municipality issuing bonds for this
12 purpose shall enter into such contracts with the Florida
13 Insurance Guaranty Association or any entity acting on behalf
14 of the Florida Insurance Guaranty Association as are necessary
15 to implement the assistance program. Any bonds issued by a
16 municipality under this subsection shall be payable from and
17 secured by moneys received by or on behalf of the municipality
18 from assessments levied under s. 631.57(3)(e), and assigned
19 and pledged under s. 631.57(3)(e) to or on behalf of the
20 municipality for the benefit of the holders of such bonds in
21 connection with such assistance program. The funds, credit,
22 property, and taxing power of the municipality shall not be
23 pledged for the payment of such bonds.
24 (c) The governing body of the municipality issuing
25 bonds authorized by paragraph (b) shall require all firms,
26 including, but not limited to, the financial advisers, legal
27 counsel, and underwriters, providing professional services in
28 the issuance of such bonds to include minority firms in the
29 provision of such services. To meet such participation
30 requirement, the minority firm must have full-time employees
31 located in this state and a permanent place of business
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1 located in this state, and must be a firm which is at least 51
2 percent owned by minority persons as defined by s. 288.703(3),
3 or any combination thereof, and whose management and daily
4 operations are controlled by such persons. Minority firms must
5 be offered participation in not less than 20 percent of the
6 respective contracts for professional services.
7 Section 160. Paragraph (a) of subsection (8) of
8 section 175.032, Florida Statutes, is amended to read:
9 175.032 Definitions.--For any municipality, special
10 fire control district, chapter plan, local law municipality,
11 local law special fire control district, or local law plan
12 under this chapter, the following words and phrases have the
13 following meanings:
14 (8)(a) "Firefighter" means any person employed solely
15 by a constituted fire department of any municipality or
16 special fire control district who is certified as a
17 firefighter as a condition of employment in accordance with
18 the provisions of s. 633.35 and whose duty it is to extinguish
19 fires, to protect life, or to protect property. However, for
20 purposes of this chapter only, "firefighter" also includes
21 public safety officers who are responsible for performing both
22 police and fire services, who are certified as police officers
23 or firefighters, and who are certified by their employers to
24 the Chief Financial Officer Insurance Commissioner and
25 Treasurer as participating in this chapter prior to October 1,
26 1979. Effective October 1, 1979, public safety officers who
27 have not been certified as participating in this chapter shall
28 be considered police officers for retirement purposes and
29 shall be eligible to participate in chapter 185. Any plan may
30 provide that the fire chief shall have an option to
31 participate, or not, in that plan.
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1 Section 161. Subsection (1) of section 175.101,
2 Florida Statutes, is amended to read:
3 175.101 State excise tax on property insurance
4 premiums authorized; procedure.--For any municipality, special
5 fire control district, chapter plan, local law municipality,
6 local law special fire control district, or local law plan
7 under this chapter:
8 (1) Each municipality or special fire control district
9 in this state described and classified in s. 175.041, having a
10 lawfully established firefighters' pension trust fund or
11 municipal fund or special fire control district fund, by
12 whatever name known, providing pension benefits to
13 firefighters as provided under this chapter, may assess and
14 impose on every insurance company, corporation, or other
15 insurer now engaged in or carrying on, or who shall
16 hereinafter engage in or carry on, the business of property
17 insurance as shown by the records of the Office of Insurance
18 Regulation of the Financial Services Commission Department of
19 Insurance an excise tax in addition to any lawful license or
20 excise tax now levied by each of the municipalities or special
21 fire control districts, respectively, amounting to 1.85
22 percent of the gross amount of receipts of premiums from
23 policyholders on all premiums collected on property insurance
24 policies covering property within the corporate limits of such
25 municipalities or within the legally defined boundaries of
26 special fire control districts, respectively. Whenever the
27 boundaries of a special fire control district that has
28 lawfully established a firefighters' pension trust fund
29 encompass a portion of the corporate territory of a
30 municipality that has also lawfully established a
31 firefighters' pension trust fund, that portion of the tax
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1 receipts attributable to insurance policies covering property
2 situated both within the municipality and the special fire
3 control district shall be given to the fire service provider.
4 The agent shall identify the fire service provider on the
5 property owner's application for insurance. Remaining
6 revenues collected pursuant to this chapter shall be
7 distributed to the municipality or special fire control
8 district according to the location of the insured property.
9
10 This section also applies to any municipality consisting of a
11 single consolidated government which is made up of a former
12 county and one or more municipalities, consolidated pursuant
13 to the authority in s. 3 or s. 6(e), Art. VIII of the State
14 Constitution, and to property insurance policies covering
15 property within the boundaries of the consolidated government,
16 regardless of whether the properties are located within one or
17 more separately incorporated areas within the consolidated
18 government, provided the properties are being provided fire
19 protection services by the consolidated government.
20 Section 162. Subsection (2) of section 175.121,
21 Florida Statutes, is amended to read:
22 175.121 Department of Revenue and Division of
23 Retirement to keep accounts of deposits; disbursements.--For
24 any municipality or special fire control district having a
25 chapter or local law plan established pursuant to this
26 chapter:
27 (2) The Chief Financial Officer Comptroller shall, on
28 or before July 1 of each year, and at such other times as
29 authorized by the division, draw his or her warrants on the
30 full net amount of money then on deposit in the Police and
31 Firefighters' Premium Tax Trust Fund pursuant to this chapter,
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1 specifying the municipalities and special fire control
2 districts to which the moneys must be paid and the net amount
3 collected for and to be paid to each municipality or special
4 fire control district, respectively, subject to the limitation
5 on disbursement under s. 175.122. The sum payable to each
6 municipality or special fire control district is appropriated
7 annually out of the Police and Firefighters' Premium Tax Trust
8 Fund. The warrants of the Chief Financial Officer Comptroller
9 shall be payable to the respective municipalities and special
10 fire control districts entitled to receive them and shall be
11 remitted annually by the division to the respective
12 municipalities and special fire control districts. In lieu
13 thereof, the municipality or special fire control district may
14 provide authorization to the division for the direct payment
15 of the premium tax to the board of trustees. In order for a
16 municipality or special fire control district and its pension
17 fund to participate in the distribution of premium tax moneys
18 under this chapter, all the provisions shall be complied with
19 annually, including state acceptance pursuant to part VII of
20 chapter 112.
21 Section 163. Section 175.151, Florida Statutes, is
22 amended to read:
23 175.151 Penalty for failure of insurers to comply with
24 this act.--If Should any insurance company, corporation or
25 other insurer fails fail to comply with the provisions of this
26 act, on or before March 1 of each year as herein provided, the
27 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 business thereafter
2 in this state unless such insurance company, corporation, or
3 other insurer shall be granted a new certificate of authority
4 to transact any business in this state, in compliance with
5 provisions of law authorizing such certificate of authority to
6 be issued. The division is responsible for notifying the
7 Office of Insurance Regulation Department of Insurance
8 regarding any such failure to comply.
9 Section 164. Subsection (1) of section 185.08, Florida
10 Statutes, is amended to read:
11 185.08 State excise tax on casualty insurance premiums
12 authorized; procedure.--For any municipality, chapter plan,
13 local law municipality, or local law plan under this chapter:
14 (1) Each incorporated municipality in this state
15 described and classified in s. 185.03, as well as each other
16 city or town of this state which on July 31, 1953, had a
17 lawfully established municipal police officers' retirement
18 trust fund or city fund, by whatever name known, providing
19 pension or relief benefits to police officers as provided
20 under this chapter, may assess and impose on every insurance
21 company, corporation, or other insurer now engaged in or
22 carrying on, or who shall hereafter engage in or carry on, the
23 business of casualty insurance as shown by records of the
24 Office of Insurance Regulation of the Financial Services
25 Commission Department of Insurance, an excise tax in addition
26 to any lawful license or excise tax now levied by each of the
27 said municipalities, respectively, amounting to .85 percent of
28 the gross amount of receipts of premiums from policyholders on
29 all premiums collected on casualty insurance policies covering
30 property within the corporate limits of such municipalities,
31 respectively.
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1 Section 165. Subsection (2) of section 185.10, Florida
2 Statutes, is amended to read:
3 185.10 Department of Revenue and Division of
4 Retirement to keep accounts of deposits; disbursements.--For
5 any municipality having a chapter plan or local law plan under
6 this chapter:
7 (2) The Chief Financial Officer Comptroller shall, on
8 or before July 1 of each year, and at such other times as
9 authorized by the division, draw his or her warrants on the
10 full net amount of money then on deposit pursuant to this
11 chapter in the Police and Firefighters' Premium Tax Trust
12 Fund, specifying the municipalities to which the moneys must
13 be paid and the net amount collected for and to be paid to
14 each municipality, respectively. The sum payable to each
15 municipality is appropriated annually out of the Police and
16 Firefighters' Premium Tax Trust Fund. The warrants of the
17 Chief Financial Officer Comptroller shall be payable to the
18 respective municipalities entitled to receive them and shall
19 be remitted annually by the division to the respective
20 municipalities. In lieu thereof, the municipality may provide
21 authorization to the division for the direct payment of the
22 premium tax to the board of trustees. In order for a
23 municipality and its retirement fund to participate in the
24 distribution of premium tax moneys under this chapter, all the
25 provisions shall be complied with annually, including state
26 acceptance pursuant to part VII of chapter 112.
27 Section 166. Section 185.13, Florida Statutes, is
28 amended to read:
29 185.13 Failure of insurer to comply with chapter;
30 penalty.--If Should any insurance company, corporation or
31 other insurer fails fail to comply with the provisions of this
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1 chapter, on or before March 1 in each year as herein provided,
2 the certificate of authority issued to said insurance company,
3 corporation or other insurer to transact business in this
4 state may be canceled and revoked by the Office of Insurance
5 Regulation of the Financial Services Commission Department of
6 Insurance, and it is unlawful for any such insurance company,
7 corporation or other insurer to transact any business
8 thereafter in this state unless such insurance company,
9 corporation or other insurer shall be granted a new
10 certificate of authority to transact business in this state,
11 in compliance with provisions of law authorizing such
12 certificate of authority to be issued. The division shall be
13 responsible for notifying the Office of Insurance Regulation
14 Department of Insurance regarding any such failure to comply.
15 Section 167. Subsections (2), (3), and (5) of section
16 189.4035, Florida Statutes, are amended to read:
17 189.4035 Preparation of official list of special
18 districts.--
19 (2) The official list shall be produced by the
20 department after the department has notified each special
21 district that is currently reporting to the department, the
22 Department of Financial Services Banking and Finance pursuant
23 to s. 218.32, or the Auditor General pursuant to s. 218.39.
24 Upon notification, each special district shall submit, within
25 60 days, its determination of its status. The determination
26 submitted by a special district shall be consistent with the
27 status reported in the most recent local government audit of
28 district activities submitted to the Auditor General pursuant
29 to s. 218.39.
30 (3) The Department of Financial Services Banking and
31 Finance shall provide the department with a list of dependent
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1 special districts reporting pursuant to s. 218.32 for
2 inclusion on the official list of special districts.
3 (5) The official list of special districts shall be
4 distributed by the department on October 1 of each year to the
5 President of the Senate, the Speaker of the House of
6 Representatives, the Auditor General, the Department of
7 Revenue, the Department of Financial Services Banking and
8 Finance, the Department of Management Services, the State
9 Board of Administration, counties, municipalities, county
10 property appraisers, tax collectors, and supervisors of
11 elections and to all interested parties who request the list.
12 Section 168. Subsection (1) of section 189.412,
13 Florida Statutes, is amended to read:
14 189.412 Special District Information Program; duties
15 and responsibilities.--The Special District Information
16 Program of the Department of Community Affairs is created and
17 has the following special duties:
18 (1) The collection and maintenance of special district
19 compliance status reports from the Auditor General, the
20 Department of Financial Services Banking and Finance, the
21 Division of Bond Finance of the State Board of Administration,
22 the Department of Management Services, the Department of
23 Revenue, and the Commission on Ethics for the reporting
24 required in ss. 112.3144, 112.3145, 112.3148, 112.3149,
25 112.63, 200.068, 218.32, 218.38, 218.39, and 280.17 and
26 chapter 121 and from state agencies administering programs
27 that distribute money to special districts. The special
28 district compliance status reports must consist of a list of
29 special districts used in that state agency and a list of
30 which special districts did not comply with the reporting
31 statutorily required by that agency.
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1 Section 169. Section 189.427, Florida Statutes, is
2 amended to read:
3 189.427 Fee schedule; Operating Trust Fund.--The
4 Department of Community Affairs, by rule, shall establish a
5 schedule of fees to pay one-half of the costs incurred by the
6 department in administering this act, except that the fee may
7 not exceed $175 per district per year. The fees collected
8 under this section shall be deposited in the Operating Trust
9 Fund, which shall be administered by the Department of
10 Community Affairs. Any fee rule must consider factors such as
11 the dependent and independent status of the district and
12 district revenues for the most recent fiscal year as reported
13 to the Department of Financial Services Banking and Finance.
14 The department may assess fines of not more than $25, with an
15 aggregate total not to exceed $50, as penalties against
16 special districts that fail to remit required fees to the
17 department. It is the intent of the Legislature that general
18 revenue funds will be made available to the department to pay
19 one-half of the cost of administering this act.
20 Section 170. Subsection (3) of section 190.007,
21 Florida Statutes, is amended to read:
22 190.007 Board of supervisors; general duties.--
23 (3) The board is authorized to select as a depository
24 for its funds any qualified public depository as defined in s.
25 280.02 which meets all the requirements of chapter 280 and has
26 been designated by the Chief Financial Officer Treasurer as a
27 qualified public depository, upon such terms and conditions as
28 to the payment of interest by such depository upon the funds
29 so deposited as the board may deem just and reasonable.
30 Section 171. Subsection (16) of section 191.006,
31 Florida Statutes, is amended to read:
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1 191.006 General powers.--The district shall have, and
2 the board may exercise by majority vote, the following powers:
3 (16) To select as a depository for its funds any
4 qualified public depository as defined in s. 280.02 which
5 meets all the requirements of chapter 280 and has been
6 designated by the Chief Financial Officer State Treasurer as a
7 qualified public depository, upon such terms and conditions as
8 to the payment of interest upon the funds deposited as the
9 board deems just and reasonable.
10 Section 172. Subsection (4) of section 192.091,
11 Florida Statutes, is amended to read:
12 192.091 Commissions of property appraisers and tax
13 collectors.--
14 (4) The commissions for collecting taxes assessed for
15 or levied by the state shall be audited, and allowed, by the
16 Comptroller and shall be paid by the Chief Financial Officer
17 Treasurer as other Comptroller's warrants are paid; and
18 commissions for collecting the county taxes shall be audited
19 and paid by the boards of county commissioners of the several
20 counties of this state. The commissions for collecting all
21 special school district taxes shall be audited by the school
22 board of each respective district and taken out of the funds
23 of the respective special school district under its control
24 and allowed and paid to the tax collectors for collecting such
25 taxes; and the commissions for collecting all other district
26 taxes, whether special or not, shall be audited and paid by
27 the governing board or commission having charge of the
28 financial obligations of such district. All commissions for
29 collecting special tax district taxes shall be paid at the
30 time and in the manner now, or as may hereafter be, provided
31 for the payment of the commissions for the collection of
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1 county taxes. All amounts paid as compensation to any tax
2 collector under the provisions of this or any other law shall
3 be a part of the general income or compensation of such
4 officer for the year in which received, and nothing contained
5 in this section shall be held or construed to affect or
6 increase the maximum salary as now provided by law for any
7 such officer.
8 Section 173. Subsection (3) of section 192.102,
9 Florida Statutes, is amended to read:
10 192.102 Payment of property appraisers' and
11 collectors' commissions.--
12 (3) The Chief Financial Officer Comptroller of the
13 state shall issue to each of the county property appraisers
14 and collectors of taxes, on the first Monday of January,
15 April, July, and October, on demand of such county property
16 appraisers and collectors of taxes after approval by the
17 Department of Revenue, and shall pay, his or her warrant,
18 which shall be paid by the Treasurer of the state, for an
19 amount equal to one-fourth of four-fifths of the total amount
20 of commissions received by such county property appraisers and
21 collectors of taxes or their predecessors in office from the
22 state during and for the preceding year, and the balance of
23 the commissions earned by such county property appraiser and
24 collector of taxes, respectively, during each year, over and
25 above the amount of such installment payments herein provided
26 for, shall be payable when a report of errors and double
27 assessments is approved by the county commissioners and a copy
28 thereof filed with the Department of Revenue.
29 Section 174. Subsection (1) of section 193.092,
30 Florida Statutes, is amended to read:
31 193.092 Assessment of property for back taxes.--
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1 (1) When it shall appear that any ad valorem tax might
2 have been lawfully assessed or collected upon any property in
3 the state, but that such tax was not lawfully assessed or
4 levied, and has not been collected for any year within a
5 period of 3 years next preceding the year in which it is
6 ascertained that such tax has not been assessed, or levied, or
7 collected, then the officers authorized shall make the
8 assessment of taxes upon such property in addition to the
9 assessment of such property for the current year, and shall
10 assess the same separately for such property as may have
11 escaped taxation at and upon the basis of valuation applied to
12 such property for the year or years in which it escaped
13 taxation, noting distinctly the year when such property
14 escaped taxation and such assessment shall have the same force
15 and effect as it would have had if it had been made in the
16 year in which the property shall have escaped taxation, and
17 taxes shall be levied and collected thereon in like manner and
18 together with taxes for the current year in which the
19 assessment is made. But no property shall be assessed for
20 more than 3 years' arrears of taxation, and all property so
21 escaping taxation shall be subject to such taxation to be
22 assessed in whomsoever's hands or possession the same may be
23 found, except that property acquired by a bona fide purchaser
24 who was without knowledge of the escaped taxation shall not be
25 subject to assessment for taxes for any time prior to the time
26 of such purchase, but it is the duty of the property appraiser
27 making such assessment to serve upon the previous owner a
28 notice of intent to record in the public records of the county
29 a notice of tax lien against any property owned by that person
30 in the county. Any property owned by such previous owner which
31 is situated in this state is subject to the lien of such
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1 assessment in the same manner as a recorded judgment. Before
2 any such lien may be recorded, the owner so notified must be
3 given 30 days to pay the taxes, penalties, and interest. Once
4 recorded, such lien may be recorded in any county in this
5 state and shall constitute a lien on any property of such
6 person in such county in the same manner as a recorded
7 judgment, and may be enforced by the tax collector using all
8 remedies pertaining to same; provided, that the county
9 property appraiser shall not assess any lot or parcel of land
10 certified or sold to the state for any previous years unless
11 such lot or parcel of lands so certified or sold shall be
12 included in the list furnished by the Chief Financial Officer
13 Comptroller to the county property appraiser as provided by
14 law; provided, if real or personal property be assessed for
15 taxes, and because of litigation delay ensues and the
16 assessment be held invalid the taxing authorities, may
17 reassess such property within the time herein provided after
18 the termination of such litigation; provided further, that
19 personal property acquired in good faith by purchase shall not
20 be subject to assessment for taxes for any time prior to the
21 time of such purchase, but the individual or corporation
22 liable for any such assessment shall continue personally
23 liable for same. As used in this subsection, the term "bona
24 fide purchaser" means a purchaser for value, in good faith,
25 before certification of such assessment of back taxes to the
26 tax collector for collection.
27 Section 175. Section 195.101, Florida Statutes, is
28 amended to read:
29 195.101 Withholding of state funds.--
30 (1) The Department of Revenue is hereby directed to
31 determine each year whether the several counties of this state
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1 are assessing the real and tangible personal property within
2 their jurisdiction in accordance with law. If the Department
3 of Revenue determines that any county is assessing property at
4 less than that prescribed by law, the Chief Financial Officer
5 Comptroller shall withhold from such county a portion of any
6 state funds to which the county may be entitled equal to the
7 difference of the amount assessed and the amount required to
8 be assessed by law.
9 (2) The Department of Revenue is hereby directed to
10 determine each year whether the several municipalities of this
11 state are assessing the real and tangible personal property
12 within their jurisdiction in accordance with law. If the
13 Department of Revenue determines that any municipality is
14 assessing property at less than that prescribed by law, the
15 Chief Financial Officer Comptroller shall withhold from such
16 municipality a portion of any state funds to which that
17 municipality may be entitled equal to the difference of the
18 amount assessed and the amount required to be assessed by law.
19 Section 176. Subsection (1) of section 198.29, Florida
20 Statutes, is amended to read:
21 198.29 Refunds of excess tax paid.--
22 (1) Whenever it appears, upon the examination of any
23 return made under this chapter or upon proof submitted to the
24 department by the personal representative, that an amount of
25 estate tax has been paid in excess of the tax legally due
26 under this chapter, the amount of such overpayment, together
27 with any overpayment of interest thereon shall be refunded to
28 the personal representative and paid by upon the warrant of
29 the Chief Financial Officer Comptroller, drawn upon the
30 Treasurer who shall honor and pay the same; such refund shall
31 be made by the department as a matter of course regardless of
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1 whether or not the personal representative has filed a written
2 claim therefor, except that upon request of the department,
3 the personal representative shall file with the department a
4 conformed copy of any written claim for refund of federal
5 estate tax which has theretofore been filed with the United
6 States.
7 Section 177. Paragraph (a) of subsection (7) of
8 section 199.232, Florida Statutes, is amended to read:
9 199.232 Powers of department.--
10 (7)(a) If it appears, upon examination of an
11 intangible tax return made under this chapter or upon proof
12 submitted to the department by the taxpayer, that an amount of
13 intangible personal property tax has been paid in excess of
14 the amount due, the department shall refund the amount of the
15 overpayment to the taxpayer by a warrant of the Chief
16 Financial Officer Comptroller, drawn upon the Treasurer. The
17 department shall refund the overpayment without regard to
18 whether the taxpayer has filed a written claim for a refund;
19 however, the department may request that the taxpayer file a
20 statement affirming that the taxpayer made the overpayment.
21 Section 178. Paragraph (a) of subsection (1) of
22 section 203.01, Florida Statutes, is amended to read:
23 203.01 Tax on gross receipts for utility and
24 communications services.--
25 (1)(a)1. Every person that receives payment for any
26 utility service shall report by the last day of each month to
27 the Department of Revenue, under oath of the secretary or some
28 other officer of such person, the total amount of gross
29 receipts derived from business done within this state, or
30 between points within this state, for the preceding month and,
31 at the same time, shall pay into the State Treasury an amount
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1 equal to a percentage of such gross receipts at the rate set
2 forth in paragraph (b). Such collections shall be certified
3 by the Chief Financial Officer Comptroller upon the request of
4 the State Board of Education.
5 2. A tax is levied on communications services as
6 defined in s. 202.11(3). Such tax shall be applied to the same
7 services and transactions as are subject to taxation under
8 chapter 202, and to communications services that are subject
9 to the exemption provided in s. 202.125(1). Such tax shall be
10 applied to the sales price of communications services when
11 sold at retail and to the actual cost of operating substitute
12 communications systems, as such terms are defined in s.
13 202.11, shall be due and payable at the same time as the taxes
14 imposed pursuant to chapter 202, and shall be administered and
15 collected pursuant to the provisions of chapter 202.
16 Section 179. Subsection (1) of section 206.46, Florida
17 Statutes, is amended to read:
18 206.46 State Transportation Trust Fund.--
19 (1) All moneys in the State Transportation Trust Fund,
20 which is hereby created, shall be used for transportation
21 purposes, as provided by law, under the direction of the
22 Department of Transportation, which department may from time
23 to time make requisition on the Chief Financial Officer
24 Comptroller for such funds. Moneys from such fund shall be
25 drawn by the Chief Financial Officer Comptroller by warrant
26 upon the State Treasury pursuant to vouchers and shall be paid
27 in like manner as other state warrants are paid out of the
28 appropriated fund against which the warrants are drawn. All
29 sums of money necessary to provide for the payment of the
30 warrants by the Chief Financial Officer Comptroller drawn upon
31
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1 such fund are appropriated annually out of the fund for the
2 purpose of making such payments from time to time.
3 Section 180. Subsection (4) of section 210.16, Florida
4 Statutes, is amended to read:
5 210.16 Revocation or suspension of permit.--
6 (4) In lieu of the suspension or revocation of
7 permits, the division may impose civil penalties against
8 holders of permits for violations of this part or rules and
9 regulations relating thereto. No civil penalty so imposed
10 shall exceed $1,000 for each offense, and all amounts
11 collected shall be deposited with the Chief Financial Officer
12 State Treasurer to the credit of the General Revenue Fund. If
13 the holder of the permit fails to pay the civil penalty, his
14 or her permit shall be suspended for such period of time as
15 the division may specify.
16 Section 181. Subsection (2) of section 210.20, Florida
17 Statutes, is amended to read:
18 210.20 Employees and assistants; distribution of
19 funds.--
20 (2) As collections are received by the division from
21 such cigarette taxes, it shall pay the same into a trust fund
22 in the State Treasury designated "Cigarette Tax Collection
23 Trust Fund" which shall be paid and distributed as follows:
24 (a) The division shall from month to month certify to
25 the Chief Financial Officer Comptroller the amount derived
26 from the cigarette tax imposed by s. 210.02, less the service
27 charges provided for in s. 215.20 and less 0.9 percent of the
28 amount derived from the cigarette tax imposed by s. 210.02,
29 which shall be deposited into the Alcoholic Beverage and
30 Tobacco Trust Fund, specifying the amounts to be transferred
31 from the Cigarette Tax Collection Trust Fund and credited on
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1 the basis of 2.9 percent of the net collections to the Revenue
2 Sharing Trust Fund for Counties and 29.3 percent of the net
3 collections for the funding of indigent health care to the
4 Public Medical Assistance Trust Fund.
5 (b)1. Beginning January 1, 1999, and continuing for 10
6 years thereafter, the division shall from month to month
7 certify to the Chief Financial Officer Comptroller the amount
8 derived from the cigarette tax imposed by s. 210.02, less the
9 service charges provided for in s. 215.20 and less 0.9 percent
10 of the amount derived from the cigarette tax imposed by s.
11 210.02, which shall be deposited into the Alcoholic Beverage
12 and Tobacco Trust Fund, specifying an amount equal to 2.59
13 percent of the net collections, and that amount shall be paid
14 to the Board of Directors of the H. Lee Moffitt Cancer Center
15 and Research Institute, established under s. 1004.43, by
16 warrant drawn by the Chief Financial Officer Comptroller upon
17 the State Treasury. These funds are hereby appropriated
18 monthly out of the Cigarette Tax Collection Trust Fund, to be
19 used for the purpose of constructing, furnishing, and
20 equipping a cancer research facility at the University of
21 South Florida adjacent to the H. Lee Moffitt Cancer Center and
22 Research Institute. In fiscal years 1999-2000 and thereafter
23 with the exception of fiscal year 2008-2009, the appropriation
24 to the H. Lee Moffitt Cancer Center and Research Institute
25 authorized by this subparagraph shall not be less than the
26 amount that would have been paid to the H. Lee Moffitt Cancer
27 Center and Research Institute for fiscal year 1998-1999 had
28 payments been made for the entire fiscal year rather than for
29 a 6-month period thereof.
30 2. Beginning July 1, 2002, and continuing through June
31 30, 2004, the division shall, in addition to the distribution
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1 authorized in subparagraph 1., from month to month certify to
2 the Chief Financial Officer Comptroller the amount derived
3 from the cigarette tax imposed by s. 210.02, less the service
4 charges provided for in s. 215.20 and less 0.9 percent of the
5 amount derived from the cigarette tax imposed by s. 210.02,
6 which shall be deposited into the Alcoholic Beverage and
7 Tobacco Trust Fund, specifying an amount equal to 0.2632
8 percent of the net collections, and that amount shall be paid
9 to the Board of Directors of the H. Lee Moffitt Cancer Center
10 and Research Institute, established under s. 1004.43, by
11 warrant drawn by the Chief Financial Officer Comptroller.
12 Beginning July 1, 2004, and continuing through June 30, 2016,
13 the division shall, in addition to the distribution authorized
14 in subparagraph 1., from month to month certify to the Chief
15 Financial Officer Comptroller the amount derived from the
16 cigarette tax imposed by s. 210.02, less the service charges
17 provided for in s. 215.20 and less 0.9 percent of the amount
18 derived from the cigarette tax imposed by s. 210.02, which
19 shall be deposited into the Alcoholic Beverage and Tobacco
20 Trust Fund, specifying an amount equal to 1.47 percent of the
21 net collections, and that amount shall be paid to the Board of
22 Directors of the H. Lee Moffitt Cancer Center and Research
23 Institute, established under s. 1004.43, by warrant drawn by
24 the Chief Financial Officer Comptroller. These funds are
25 appropriated monthly out of the Cigarette Tax Collection Trust
26 Fund, to be used for the purpose of constructing, furnishing,
27 and equipping a cancer research facility at the University of
28 South Florida adjacent to the H. Lee Moffitt Cancer Center and
29 Research Institute. In fiscal years 2004-2005 and thereafter,
30 the appropriation to the H. Lee Moffitt Cancer Center and
31 Research Institute authorized by this subparagraph shall not
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1 be less than the amount that would have been paid to the H.
2 Lee Moffitt Cancer Center and Research Institute in fiscal
3 year 2001-2002, had this subparagraph been in effect.
4 Section 182. Subsection (4) of section 210.50, Florida
5 Statutes, is amended to read:
6 210.50 Revocation or suspension of license.--
7 (4) In lieu of the suspension or revocation of
8 licenses, the division may impose civil penalties against
9 holders of licenses for violations of this part or rules
10 relating thereto. No civil penalty so imposed shall exceed
11 $1,000 for each offense, and all amounts collected shall be
12 deposited with the Chief Financial Officer State Treasurer to
13 the credit of the General Revenue Fund. If the holder of the
14 license fails to pay the civil penalty, his or her license
15 shall be suspended for such period of time as the division may
16 specify.
17 Section 183. Subsection (1) of section 211.06, Florida
18 Statutes, is amended to read:
19 211.06 Oil and Gas Tax Trust Fund; distribution of tax
20 proceeds.--All taxes, interest, and penalties imposed under
21 this part shall be collected by the department and placed in a
22 special fund designated the "Oil and Gas Tax Trust Fund."
23 (1) There is hereby annually appropriated a sufficient
24 amount from the Oil and Gas Tax Trust Fund for the Chief
25 Financial Officer Comptroller to refund any overpayments that
26 which have been properly approved.
27 Section 184. Subsection (3) of section 211.31, Florida
28 Statutes, is amended to read:
29 211.31 Levy of tax on severance of certain solid
30 minerals; rate, basis, and distribution of tax.--
31
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1 (3) Interest earned on funds within any trust fund
2 created under this part shall be invested and reinvested to
3 the credit of such trust fund in accordance with s. 17.61 s.
4 18.125.
5 Section 185. Paragraph (d) of subsection (1) of
6 section 211.32, Florida Statutes, is amended to read:
7 211.32 Tax on solid minerals; Land Reclamation Trust
8 Fund; refund for restoration and reclamation.--
9 (1)
10 (d) The Chief Financial Officer Comptroller shall,
11 upon written verification of compliance with paragraph (a),
12 paragraph (b), or paragraph (c) by the Department of
13 Environmental Protection, and upon verification of the cost of
14 the restoration and reclamation program or, if paragraph (c)
15 is elected, the fair market value of the land, grant refunds,
16 to be paid from the Land Reclamation Trust Fund, of the taxes
17 paid under this part, in an amount equal to 100 percent of the
18 costs incurred in complying with paragraph (a) or paragraph
19 (b), or 100 percent of the fair market value of the land
20 transferred in complying with paragraph (c), subject to the
21 following limitations:
22 1. A taxpayer shall not be entitled to refunds in
23 excess of the amount of taxes paid by the taxpayer under this
24 part which are deposited in the Land Reclamation Trust Fund.
25 2. A taxpayer shall not be entitled to the payment of
26 a refund for costs incurred in connection with a particular
27 restoration and reclamation program unless and until the
28 taxpayer is accomplishing the program in reasonable compliance
29 with the criteria established by the Department of
30 Environmental Protection.
31
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1 Section 186. Paragraph (m) of subsection (5) of
2 section 212.08, Florida Statutes, is amended to read:
3 212.08 Sales, rental, use, consumption, distribution,
4 and storage tax; specified exemptions.--The sale at retail,
5 the rental, the use, the consumption, the distribution, and
6 the storage to be used or consumed in this state of the
7 following are hereby specifically exempt from the tax imposed
8 by this chapter.
9 (5) EXEMPTIONS; ACCOUNT OF USE.--
10 (m) Educational materials purchased by certain child
11 care facilities.--Educational materials, such as glue, paper,
12 paints, crayons, unique craft items, scissors, books, and
13 educational toys, purchased by a child care facility that
14 meets the standards delineated in s. 402.305, is licensed
15 under s. 402.308, holds a current Gold Seal Quality Care
16 designation pursuant to s. 402.281, and provides basic health
17 insurance to all employees are exempt from the taxes imposed
18 by this chapter. For purposes of this paragraph, the term
19 "basic health insurance" shall be defined and promulgated in
20 rules developed jointly by the Department of Children and
21 Family Services, the Agency for Health Care Administration,
22 and the Financial Services Commission Department of Insurance.
23 Section 187. Paragraph (c) of subsection (6) of
24 section 212.12, Florida Statutes, is amended to read:
25 212.12 Dealer's credit for collecting tax; penalties
26 for noncompliance; powers of Department of Revenue in dealing
27 with delinquents; brackets applicable to taxable transactions;
28 records required.--
29 (6)
30 (c)1. If the records of a dealer are adequate but
31 voluminous in nature and substance, the department may sample
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1 such records, except for fixed assets, and project the audit
2 findings derived therefrom over the entire audit period to
3 determine the proportion that taxable retail sales bear to
4 total retail sales or the proportion that taxable purchases
5 bear to total purchases. In order to conduct such a sample,
6 the department must first make a good faith effort to reach an
7 agreement with the dealer, which agreement provides for the
8 means and methods to be used in the sampling process. In the
9 event that no agreement is reached, the dealer is entitled to
10 a review by the executive director.
11 2. For the purposes of sampling pursuant to
12 subparagraph 1., the department shall project any deficiencies
13 and overpayments derived therefrom over the entire audit
14 period. In determining the dealer's compliance, the department
15 shall reduce any tax deficiency as derived from the sample by
16 the amount of any overpayment derived from the sample. In the
17 event the department determines from the sample results that
18 the dealer has a net tax overpayment, the department shall
19 provide the findings of this overpayment to the Chief
20 Financial Officer Comptroller for repayment of funds paid into
21 the State Treasury through error pursuant to s. 215.26.
22 3.a. A taxpayer is entitled, both in connection with
23 an audit and in connection with an application for refund
24 filed independently of any audit, to establish the amount of
25 any refund or deficiency through statistical sampling when the
26 taxpayer's records, other than those regarding fixed assets,
27 are adequate but voluminous. Alternatively, a taxpayer is
28 entitled to establish any refund or deficiency through any
29 other sampling method agreed upon by the taxpayer and the
30 department when the taxpayer's records, other than those
31 regarding fixed assets, are adequate but voluminous. Whether
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1 done through statistical sampling or any other sampling method
2 agreed upon by the taxpayer and the department, the completed
3 sample must reflect both overpayments and underpayments of
4 taxes due. The sample shall be conducted through:
5 (I) A taxpayer request to perform the sampling through
6 the certified audit program pursuant to s. 213.285;
7 (II) Attestation by a certified public accountant as
8 to the adequacy of the sampling method utilized and the
9 results reached using such sampling method; or
10 (III) A sampling method that has been submitted by the
11 taxpayer and approved by the department before a refund claim
12 is submitted. This sub-sub-subparagraph does not prohibit a
13 taxpayer from filing a refund claim prior to approval by the
14 department of the sampling method; however, a refund claim
15 submitted before the sampling method has been approved by the
16 department cannot be a complete refund application pursuant to
17 s. 213.255 until the sampling method has been approved by the
18 department.
19 b. The department shall prescribe by rule the
20 procedures to be followed under each method of sampling. Such
21 procedures shall follow generally accepted auditing procedures
22 for sampling. The rule shall also set forth other criteria
23 regarding the use of sampling, including, but not limited to,
24 training requirements that must be met before a sampling
25 method may be utilized and the steps necessary for the
26 department and the taxpayer to reach agreement on a sampling
27 method submitted by the taxpayer for approval by the
28 department.
29 Section 188. Subsection (1) of section 212.20, Florida
30 Statutes, is amended to read:
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1 212.20 Funds collected, disposition; additional powers
2 of department; operational expense; refund of taxes
3 adjudicated unconstitutionally collected.--
4 (1) The department shall pay over to the Chief
5 Financial Officer Treasurer of the state all funds received
6 and collected by it under the provisions of this chapter, to
7 be credited to the account of the General Revenue Fund of the
8 state.
9 Section 189. Subsections (4) and (6), paragraph (e) of
10 subsection (7) and subsection (13) of section 213.053, Florida
11 Statutes, are amended to read:
12 213.053 Confidentiality and information sharing.--
13 (4) Nothing contained in this section shall prevent
14 the department from publishing statistics so classified as to
15 prevent the identification of particular accounts, reports,
16 declarations, or returns or prevent the department from
17 disclosing to the Chief Financial Officer Comptroller the
18 names and addresses of those taxpayers who have claimed an
19 exemption pursuant to s. 199.185(1)(i) or a deduction pursuant
20 to s. 220.63(5).
21 (6) Any information received by the Department of
22 Revenue in connection with the administration of taxes,
23 including, but not limited to, information contained in
24 returns, reports, accounts, or declarations filed by persons
25 subject to tax, shall be made available by the department to
26 the Auditor General or his or her authorized agent, the
27 director of the Office of Program Policy Analysis and
28 Government Accountability or his or her authorized agent, the
29 Chief Financial Officer Comptroller or his or her authorized
30 agent, the Director of the Office of Insurance Regulation of
31 the Financial Services Commission Insurance Commissioner or
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1 his or her authorized agent, the Treasurer or his or her
2 authorized agent, or a property appraiser or tax collector or
3 their authorized agents pursuant to s. 195.084(1), in the
4 performance of their official duties, or to designated
5 employees of the Department of Education solely for
6 determination of each school district's price level index
7 pursuant to s. 1011.62(2); however, no information shall be
8 disclosed to the Auditor General or his or her authorized
9 agent, the director of the Office of Program Policy Analysis
10 and Government Accountability or his or her authorized agent,
11 the Chief Financial Officer Comptroller or his or her
12 authorized agent, the Director of the Office of Insurance
13 Regulation Insurance Commissioner or his or her authorized
14 agent, the Treasurer or his or her authorized agent, or to a
15 property appraiser or tax collector or their authorized
16 agents, or to designated employees of the Department of
17 Education if such disclosure is prohibited by federal law. The
18 Auditor General or his or her authorized agent, the director
19 of the Office of Program Policy Analysis and Government
20 Accountability or his or her authorized agent, the Chief
21 Financial Officer Comptroller or his or her authorized agent,
22 the Director of the Office of Insurance Regulation Treasurer
23 or his or her authorized agent, and the property appraiser or
24 tax collector and their authorized agents, or designated
25 employees of the Department of Education shall be subject to
26 the same requirements of confidentiality and the same
27 penalties for violation of the requirements as the department.
28 For the purpose of this subsection, "designated employees of
29 the Department of Education" means only those employees
30 directly responsible for calculation of price level indices
31 pursuant to s. 1011.62(2). It does not include the supervisors
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1 of such employees or any other employees or elected officials
2 within the Department of Education.
3 (7) Notwithstanding any other provision of this
4 section, the department may provide:
5 (e) Names, addresses, taxpayer identification numbers,
6 and outstanding tax liabilities to the Department of the
7 Lottery and the Office of Financial Regulation of the
8 Financial Services Commission Department of Banking and
9 Finance in the conduct of their official duties.
10
11 Disclosure of information under this subsection shall be
12 pursuant to a written agreement between the executive director
13 and the agency. Such agencies, governmental or
14 nongovernmental, shall be bound by the same requirements of
15 confidentiality as the Department of Revenue. Breach of
16 confidentiality is a misdemeanor of the first degree,
17 punishable as provided by s. 775.082 or s. 775.083.
18 (13) Notwithstanding the provisions of s. 896.102(2),
19 the department may allow full access to the information and
20 documents required to be filed with it under s. 896.102(1) to
21 federal, state, and local law enforcement and prosecutorial
22 agencies, and to the Office of Financial Regulation of the
23 Financial Services Commission Department of Banking and
24 Finance, and any of those agencies may use the information and
25 documents in any civil or criminal investigation and in any
26 court proceedings.
27 Section 190. Section 213.054, Florida Statutes, is
28 amended to read:
29 213.054 Persons claiming tax exemptions or deductions;
30 annual report.--The Department of Revenue shall be responsible
31 for monitoring the utilization of tax exemptions and tax
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1 deductions authorized pursuant to chapter 81-179, Laws of
2 Florida. On or before September 1 of each year, the
3 department shall report to the Chief Financial Officer
4 Comptroller the names and addresses of all persons who have
5 claimed an exemption pursuant to s. 199.185(1)(i) or a
6 deduction pursuant to s. 220.63(5).
7 Section 191. Subsection (6) of section 213.255,
8 Florida Statutes, is amended to read:
9 213.255 Interest.--Interest shall be paid on
10 overpayments of taxes, payment of taxes not due, or taxes paid
11 in error, subject to the following conditions:
12 (6) Interest shall be paid until a date determined by
13 the department which shall be no more than 7 days prior to the
14 date of the issuance of the refund warrant by the Chief
15 Financial Officer Comptroller.
16 Section 192. Subsection (9) of section 213.67, Florida
17 Statutes, is amended to read:
18 213.67 Garnishment.--
19 (9) The department shall provide notice to the Chief
20 Financial Officer Comptroller, in electronic or other form
21 specified by the Chief Financial Officer Comptroller, listing
22 the taxpayers for which tax warrants are outstanding. Pursuant
23 to subsection (1), the Chief Financial Officer Comptroller
24 shall, upon notice from the department, withhold all payments
25 to any person or business, as defined in s. 212.02, which
26 provides commodities or services to the state, leases real
27 property to the state, or constructs a public building or
28 public work for the state. The department may levy upon the
29 withheld payments in accordance with subsection (3). The
30 provisions of s. 215.422 do not apply from the date the notice
31 is filed with the Chief Financial Officer Comptroller until
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1 the date the department notifies the Chief Financial Officer
2 Comptroller of its consent to make payment to the person or 60
3 days after receipt of the department's notice in accordance
4 with subsection (1), whichever occurs earlier.
5 Section 193. Subsection (4) of section 213.75, Florida
6 Statutes, is amended to read:
7 213.75 Application of payments.--
8 (4) Any surplus proceeds remaining after the
9 application of subsection (3) shall, upon application and
10 satisfactory proof thereof, be refunded by the Chief Financial
11 Officer Comptroller to the person or persons legally entitled
12 thereto pursuant to s. 215.26.
13 Section 194. Section 215.02, Florida Statutes, is
14 amended to read:
15 215.02 Manner of paying money into the
16 Treasury.--Whenever any officer of this state or other person
17 desires to pay any money into the Treasury of the state on
18 account of his or her indebtedness to the state, the person
19 shall first go to into the Department of Financial Services
20 Banking and Finance, and there ascertain from the department's
21 books the amount of his or her indebtedness to the state, and
22 thereupon the department shall give that person a memorandum
23 or certificate of the amount of such indebtedness, and on what
24 account. Second, the person shall take said certificate with
25 him or her to the Department of Insurance and deliver the same
26 and pay over to the Chief Financial Officer Insurance
27 Commissioner and Treasurer the amount ascertained called for
28 in said certificate. Third, The Chief Financial Officer
29 Insurance Commissioner and Treasurer shall receive the money,
30 make a proper entry thereof, file the certificate of the
31 Department of Banking and Finance, and give a certificate to
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1 the party paying over the money, acknowledging the receipt of
2 the money, and on what account; which certificate thus
3 received, the party shall return to the Department of Banking
4 and Finance, on receipt of which the department shall give the
5 party a receipt for the amount, and enter a credit on the
6 party's account in his or her books for the amount thus paid
7 by him or her to the Insurance Commissioner and Treasurer, and
8 file the certificate received from the Insurance Commissioner
9 and Treasurer.
10 Section 195. Section 215.03, Florida Statutes, is
11 amended to read:
12 215.03 Party to be reimbursed on reversal of judgment
13 for state.--Whenever upon appeal in civil cases, any judgment
14 in favor of the state has been or shall be reversed and set
15 aside, which may have been paid in part by the appellant, the
16 Chief Financial Officer Comptroller shall issue his or her
17 warrant upon the Treasurer to reimburse the appellant for all
18 sums paid in discharge of such judgment and cost, provided the
19 appellant shall adduce satisfactory evidence to the Chief
20 Financial Officer Comptroller of the sums paid as aforesaid.
21 Section 196. Section 215.04, Florida Statutes, is
22 amended to read:
23 215.04 Department of Financial Services Banking and
24 Finance to report delinquents.--The Department of Financial
25 Services Banking and Finance shall report to the state
26 attorney of the proper circuit the name of any delinquent
27 officer whose delinquency concerns the department, so soon as
28 such delinquency shall occur; and the state attorney shall
29 proceed forthwith against such delinquent.
30 Section 197. Section 215.05, Florida Statutes, is
31 amended to read:
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1 215.05 Department of Financial Services Banking and
2 Finance to certify accounts of delinquents.--When any revenue
3 officer or other person accountable for public money shall
4 neglect or refuse to pay into the treasury the sum or balance
5 reported to be due to the state, upon the adjustment of that
6 person's account, the Department of Financial Services Banking
7 and Finance shall immediately hand over to the state attorney
8 of the proper circuit the statement of the sum or balance
9 certified under its seal of office, so due; and the state
10 attorney shall institute suit for the recovery of the same,
11 adding to the sum or balance stated to be due on such account
12 the commissions of the delinquent, which shall be forfeited in
13 every instance where suit is commenced and judgment is
14 obtained thereon, and an interest of 8 percent per annum from
15 the time of the delinquent's receiving the money until it
16 shall be paid into the State Treasury.
17 Section 198. Section 215.11, Florida Statutes, is
18 amended to read:
19 215.11 Defaulting officers; Department of Financial
20 Services Banking and Finance to report to clerk.--The
21 Department of Financial Services Banking and Finance shall,
22 within 90 days after the expiration of the term of office of
23 any tax collector, sheriff, clerk of the circuit or county
24 court, treasurer, or any other officer of any county who has
25 the collection, custody, and control of any state funds, who
26 shall be in arrears in his or her accounts with the state,
27 make up and forward to the clerk of the circuit court of such
28 county a statement of his or her accounts with the state.
29 Section 199. Paragraphs (d), (n), and (o) of
30 subsection (4) of section 215.20, Florida Statutes, are
31 amended, and paragraphs (p) through (y) of that subsection are
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1 renumbered as paragraphs (o) through (x), respectively, to
2 read:
3 215.20 Certain income and certain trust funds to
4 contribute to the General Revenue Fund.--
5 (4) The income of a revenue nature deposited in the
6 following described trust funds, by whatever name designated,
7 is that from which the appropriations authorized by subsection
8 (3) shall be made:
9 (d) Within the Office of Financial Regulation of the
10 Financial Services Commission Department of Banking and
11 Finance:
12 1. The Administrative Trust Fund.
13 2. The Anti-Fraud Trust Fund.
14 3. The Financial Institutions' Regulatory Trust Fund.
15 4. The Mortgage Brokerage Guaranty Fund.
16 5. The Regulatory Trust Fund.
17 (n) Within the Department of Financial Services
18 Insurance:
19 1. The Agents and Solicitors County Tax Trust Fund.
20 2. The Insurance Commissioner's Regulatory Trust Fund.
21 (o) Within the Department of Labor and Employment
22 Security or, if such department is terminated, within the
23 agency or department to which the named trust fund has been
24 transferred:
25 3.1. The Special Disability Trust Fund.
26 4.2. The Special Employment Security Administration
27 Trust Fund.
28 5.3. The Workers' Compensation Administration Trust
29 Fund.
30 (o)(p) Within the Department of Legal Affairs, the
31 Crimes Compensation Trust Fund.
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1 (p)(q) Within the Department of Management Services:
2 1. The Administrative Trust Fund.
3 2. The Architects Incidental Trust Fund.
4 3. The Bureau of Aircraft Trust Fund.
5 4. The Florida Facilities Pool Working Capital Trust
6 Fund.
7 5. The Grants and Donations Trust Fund.
8 6. The Motor Vehicle Operating Trust Fund.
9 7. The Police and Firefighters' Premium Tax Trust
10 Fund.
11 8. The Public Employees Relations Commission Trust
12 Fund.
13 9. The State Personnel System Trust Fund.
14 10. The Supervision Trust Fund.
15 11. The Working Capital Trust Fund.
16 (q)(r) Within the Department of Revenue:
17 1. The Additional Court Cost Clearing Trust Fund.
18 2. The Administrative Trust Fund.
19 3. The Apalachicola Bay Oyster Surcharge Clearing
20 Trust Fund.
21 4. The Certification Program Trust Fund.
22 5. The Fuel Tax Collection Trust Fund.
23 6. The Land Reclamation Trust Fund.
24 7. The Local Alternative Fuel User Fee Clearing Trust
25 Fund.
26 8. The Local Option Fuel Tax Trust Fund.
27 9. The Motor Vehicle Rental Surcharge Clearing Trust
28 Fund.
29 10. The Motor Vehicle Warranty Trust Fund.
30 11. The Oil and Gas Tax Trust Fund.
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1 12. The Secondhand Dealer and Secondary Metals
2 Recycler Clearing Trust Fund.
3 13. The Severance Tax Solid Mineral Trust Fund.
4 14. The State Alternative Fuel User Fee Clearing Trust
5 Fund.
6 15. All taxes levied on motor fuels other than
7 gasoline levied pursuant to the provisions of s. 206.87(1)(a).
8 (r)(s) Within the Department of State:
9 1. The Division of Licensing Trust Fund.
10 2. The Records Management Trust Fund.
11 3. The trust funds administered by the Division of
12 Historical Resources.
13 (s)(t) Within the Department of Transportation, all
14 income derived from outdoor advertising and overweight
15 violations which is deposited in the State Transportation
16 Trust Fund.
17 (t)(u) Within the Department of Veterans' Affairs:
18 1. The Grants and Donations Trust Fund.
19 2. The Operations and Maintenance Trust Fund.
20 3. The State Homes for Veterans Trust Fund.
21 (u)(v) Within the Division of Administrative Hearings,
22 the Administrative Trust Fund.
23 (v)(w) Within the Fish and Wildlife Conservation
24 Commission:
25 1. The Conservation and Recreation Lands Program Trust
26 Fund.
27 2. The Florida Panther Research and Management Trust
28 Fund.
29 3. The Land Acquisition Trust Fund.
30
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1 4. The Marine Resources Conservation Trust Fund, with
2 the exception of those fees collected for recreational
3 saltwater fishing licenses as provided in s. 372.57.
4 (w)(x) Within the Florida Public Service Commission,
5 the Florida Public Service Regulatory Trust Fund.
6 (x)(y) Within the Justice Administrative Commission,
7 the Indigent Criminal Defense Trust Fund.
8
9 The enumeration of the foregoing moneys or trust funds shall
10 not prohibit the applicability thereto of s. 215.24 should the
11 Governor determine that for the reasons mentioned in s. 215.24
12 the money or trust funds should be exempt herefrom, as it is
13 the purpose of this law to exempt income from its force and
14 effect when, by the operation of this law, federal matching
15 funds or contributions or private grants to any trust fund
16 would be lost to the state.
17 Section 200. Effective July 1, 2003, paragraph (cc) of
18 subsection (4) of section 215.20, Florida Statutes, is amended
19 to read:
20 215.20 Certain income and certain trust funds to
21 contribute to the General Revenue Fund.--
22 (4) The income of a revenue nature deposited in the
23 following described trust funds, by whatever name designated,
24 is that from which the deductions authorized by subsection (3)
25 shall be made:
26 (cc) The Insurance Commissioner's Regulatory Trust
27 Fund created by s. 624.523.
28
29 The enumeration of the foregoing moneys or trust funds shall
30 not prohibit the applicability thereto of s. 215.24 should the
31 Governor determine that for the reasons mentioned in s. 215.24
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1 the money or trust funds should be exempt herefrom, as it is
2 the purpose of this law to exempt income from its force and
3 effect when, by the operation of this law, federal matching
4 funds or contributions or private grants to any trust fund
5 would be lost to the state.
6 Section 201. Paragraphs (e) and (g) of subsection (1)
7 of section 215.22, Florida Statutes, are amended to read:
8 215.22 Certain income and certain trust funds
9 exempt.--
10 (1) The following income of a revenue nature or the
11 following trust funds shall be exempt from the appropriation
12 required by s. 215.20(1):
13 (e) State, agency, or political subdivision
14 investments by the Chief Financial Officer Treasurer.
15 (g) Self-insurance programs administered by the Chief
16 Financial Officer Treasurer.
17 Section 202. Effective July 1, 2003, paragraphs (e)
18 and (g) of subsection (1) of section 215.22, Florida Statutes,
19 are amended to read:
20 215.22 Certain income and certain trust funds
21 exempt.--
22 (1) The following income of a revenue nature or the
23 following trust funds shall be exempt from the deduction
24 required by s. 215.20(1):
25 (e) State, agency, or political subdivision
26 investments by the Chief Financial Officer Treasurer.
27 (g) Self-insurance programs administered by the Chief
28 Financial Officer Treasurer.
29 Section 203. Section 215.23, Florida Statutes, is
30 amended to read:
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1 215.23 When contributions to be made.--The deductions
2 required by s. 215.20 shall be paid into the appropriate fund
3 by the Department of Banking and Finance or by the Chief
4 Financial Officer State Treasurer, as the case may be, for
5 quarterly periods ending March 31, June 30, September 30, and
6 December 31 of each year, and when so paid shall thereupon
7 become a part of that fund to be accounted for and disbursed
8 as provided by law.
9 Section 204. Section 215.24, Florida Statutes, is
10 amended to read:
11 215.24 Exemptions where federal contributions or
12 private grants.--
13 (1) Should any state fund be the recipient of federal
14 contributions or private grants, either by the matching of
15 state funds or by a general donation to state funds, and the
16 payment of moneys into the General Revenue Fund under s.
17 215.20 should cause such fund to lose federal or private
18 assistance, the Governor shall certify to the Chief Financial
19 Officer Department of Banking and Finance and to the State
20 Treasurer that said income is for that reason exempt from the
21 force and effect of s. 215.20.
22 (2) Should it be determined by the Governor that by
23 reason of payments already made into the General Revenue Fund
24 by any fund under this law, such fund is subject to the loss
25 of federal or private assistance, then the Governor shall
26 certify to the Chief Financial Officer Department of Banking
27 and Finance and to the State Treasurer that the income from
28 such assistance is exempt from the provisions of this law, and
29 the Chief Financial Officer Department of Banking and Finance
30 or the State Treasurer, as the case may be, shall thereupon
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1 refund and pay over to such fund any amount previously paid
2 into the General Revenue Fund from such income.
3 Section 205. Section 215.25, Florida Statutes, is
4 amended to read:
5 215.25 Manner of contributions; rules and
6 regulations.--The Chief Financial Officer is Department of
7 Banking and Finance and the State Treasurer are hereby
8 authorized to ascertain and determine the manner in which the
9 required amounts shall be deducted and paid and to adopt and
10 effectuate such rules and procedure as may be necessary for
11 carrying out the provisions of this law. Such rules and
12 procedure shall be approved by the Executive Office of the
13 Governor.
14 Section 206. Subsections (1), (2), and (5) of section
15 215.26, Florida Statutes, are amended to read:
16 215.26 Repayment of funds paid into State Treasury
17 through error.--
18 (1) The Chief Financial Officer Comptroller of the
19 state may refund to the person who paid same, or his or her
20 heirs, personal representatives, or assigns, any moneys paid
21 into the State Treasury which constitute:
22 (a) An overpayment of any tax, license, or account
23 due;
24 (b) A payment where no tax, license, or account is
25 due; and
26 (c) Any payment made into the State Treasury in error;
27
28 and if any such payment has been credited to an appropriation,
29 such appropriation shall at the time of making any such
30 refund, be charged therewith. There are appropriated from the
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1 proper respective funds from time to time such sums as may be
2 necessary for such refunds.
3 (2) Application for refunds as provided by this
4 section must be filed with the Chief Financial Officer
5 Comptroller, except as otherwise provided in this subsection,
6 within 3 years after the right to the refund has accrued or
7 else the right is barred. Except as provided in chapter 198
8 and s. 220.23, an application for a refund of a tax enumerated
9 in s. 72.011, which tax was paid after September 30, 1994, and
10 before July 1, 1999, must be filed with the Chief Financial
11 Officer Comptroller within 5 years after the date the tax is
12 paid, and within 3 years after the date the tax was paid for
13 taxes paid on or after July 1, 1999. The Chief Financial
14 Officer Comptroller may delegate the authority to accept an
15 application for refund to any state agency, or the judicial
16 branch, vested by law with the responsibility for the
17 collection of any tax, license, or account due. The
18 application for refund must be on a form approved by the Chief
19 Financial Officer Comptroller and must be supplemented with
20 additional proof the Chief Financial Officer Comptroller deems
21 necessary to establish the claim; provided, the claim is not
22 otherwise barred under the laws of this state. Upon receipt of
23 an application for refund, the judicial branch or the state
24 agency to which the funds were paid shall make a determination
25 of the amount due. If an application for refund is denied, in
26 whole or in part, the judicial branch or such state agency
27 shall notify the applicant stating the reasons therefor. Upon
28 approval of an application for refund, the judicial branch or
29 such state agency shall furnish the Chief Financial Officer
30 Comptroller with a properly executed voucher authorizing
31 payment.
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1 (5) When a taxpayer has pursued administrative
2 remedies before the Department of Revenue pursuant to s.
3 213.21 and has failed to comply with the time limitations and
4 conditions provided in ss. 72.011 and 120.80(14)(b), a claim
5 of refund under subsection (1) shall be denied by the Chief
6 Financial Officer Comptroller. However, the Chief Financial
7 Officer Comptroller may entertain a claim for refund under
8 this subsection when the taxpayer demonstrates that his or her
9 failure to pursue remedies under chapter 72 was not due to
10 neglect or for the purpose of delaying payment of lawfully
11 imposed taxes and can demonstrate reasonable cause for such
12 failure.
13 Section 207. Section 215.29, Florida Statutes, is
14 amended to read:
15 215.29 Classification of Chief Financial Officer's
16 Comptroller's warrants; report.--All disbursements made by the
17 state upon Chief Financial Officer's Comptroller's warrants
18 shall be classified according to officers, offices, bureaus,
19 divisions, boards, commissions, institutions, other agencies
20 and undertakings, or the judicial branch, and shall be further
21 classified according to personal services, contractual
22 services, commodities, current charges, current obligations,
23 capital outlays, debt payments, or investments or such
24 additional classifications as may be prescribed or authorized
25 by law. Such detail classifications shall be printed in the
26 Chief Financial Officer's Comptroller's annual reports.
27 Section 208. Section 215.31, Florida Statutes, is
28 amended to read:
29 215.31 State funds; deposit in State
30 Treasury.--Revenue, including licenses, fees, imposts, or
31 exactions collected or received under the authority of the
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1 laws of the state by each and every state official, office,
2 employee, bureau, division, board, commission, institution,
3 agency, or undertaking of the state or the judicial branch
4 shall be promptly deposited in the State Treasury, and
5 immediately credited to the appropriate fund as herein
6 provided, properly accounted for by the Department of
7 Financial Services Banking and Finance as to source and no
8 money shall be paid from the State Treasury except as
9 appropriated and provided by the annual General Appropriations
10 Act, or as otherwise provided by law.
11 Section 209. Section 215.32, Florida Statutes, is
12 amended to read:
13 215.32 State funds; segregation.--
14 (1) All moneys received by the state shall be
15 deposited in the State Treasury unless specifically provided
16 otherwise by law and shall be deposited in and accounted for
17 by the Chief Financial Officer Treasurer and the Department of
18 Banking and Finance within the following funds, which funds
19 are hereby created and established:
20 (a) General Revenue Fund.
21 (b) Trust funds.
22 (c) Working Capital Fund.
23 (d) Budget Stabilization Fund.
24 (2) The source and use of each of these funds shall be
25 as follows:
26 (a) The General Revenue Fund shall consist of all
27 moneys received by the state from every source whatsoever,
28 except as provided in paragraphs (b) and (c). Such moneys
29 shall be expended pursuant to General Revenue Fund
30 appropriations acts or transferred as provided in paragraph
31 (c). Annually, at least 5 percent of the estimated increase
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1 in General Revenue Fund receipts for the upcoming fiscal year
2 over the current year General Revenue Fund effective
3 appropriations shall be appropriated for state-level capital
4 outlay, including infrastructure improvement and general
5 renovation, maintenance, and repairs.
6 (b)1. The trust funds shall consist of moneys received
7 by the state which under law or under trust agreement are
8 segregated for a purpose authorized by law. The state agency
9 or branch of state government receiving or collecting such
10 moneys shall be responsible for their proper expenditure as
11 provided by law. Upon the request of the state agency or
12 branch of state government responsible for the administration
13 of the trust fund, the Chief Financial Officer Comptroller may
14 establish accounts within the trust fund at a level considered
15 necessary for proper accountability. Once an account is
16 established within a trust fund, the Chief Financial Officer
17 Comptroller may authorize payment from that account only upon
18 determining that there is sufficient cash and releases at the
19 level of the account.
20 2. In order to maintain a minimum number of trust
21 funds in the State Treasury, each state agency or the judicial
22 branch may consolidate, if permitted under the terms and
23 conditions of their receipt, the trust funds administered by
24 it; provided, however, the agency or judicial branch employs
25 effectively a uniform system of accounts sufficient to
26 preserve the integrity of such trust funds; and provided,
27 further, that consolidation of trust funds is approved by the
28 Governor or the Chief Justice.
29 3. All such moneys are hereby appropriated to be
30 expended in accordance with the law or trust agreement under
31 which they were received, subject always to the provisions of
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1 chapter 216 relating to the appropriation of funds and to the
2 applicable laws relating to the deposit or expenditure of
3 moneys in the State Treasury.
4 4.a. Notwithstanding any provision of law restricting
5 the use of trust funds to specific purposes, unappropriated
6 cash balances from selected trust funds may be authorized by
7 the Legislature for transfer to the Budget Stabilization Fund
8 and Working Capital Fund in the General Appropriations Act.
9 b. This subparagraph does not apply to trust funds
10 required by federal programs or mandates; trust funds
11 established for bond covenants, indentures, or resolutions
12 whose revenues are legally pledged by the state or public body
13 to meet debt service or other financial requirements of any
14 debt obligations of the state or any public body; the State
15 Transportation Trust Fund; the trust fund containing the net
16 annual proceeds from the Florida Education Lotteries; the
17 Florida Retirement System Trust Fund; trust funds under the
18 management of the Board of Regents, where such trust funds are
19 for auxiliary enterprises, self-insurance, and contracts,
20 grants, and donations, as those terms are defined by general
21 law; trust funds that serve as clearing funds or accounts for
22 the Chief Financial Officer Comptroller or state agencies;
23 trust funds that account for assets held by the state in a
24 trustee capacity as an agent or fiduciary for individuals,
25 private organizations, or other governmental units; and other
26 trust funds authorized by the State Constitution.
27 (c)1. The Budget Stabilization Fund shall consist of
28 amounts equal to at least 5 percent of net revenue collections
29 for the General Revenue Fund during the last completed fiscal
30 year. The Budget Stabilization Fund's principal balance shall
31 not exceed an amount equal to 10 percent of the last completed
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1 fiscal year's net revenue collections for the General Revenue
2 Fund. As used in this paragraph, the term "last completed
3 fiscal year" means the most recently completed fiscal year
4 prior to the regular legislative session at which the
5 Legislature considers the General Appropriations Act for the
6 year in which the transfer to the Budget Stabilization Fund
7 must be made under this paragraph.
8 2. By September 15 of each year, the Governor shall
9 authorize the Chief Financial Officer Comptroller to transfer,
10 and the Chief Financial Officer Comptroller shall transfer
11 pursuant to appropriations made by law, to the Budget
12 Stabilization Fund the amount of money needed for the balance
13 of that fund to equal the amount specified in subparagraph 1.,
14 less any amounts expended and not restored. The moneys needed
15 for this transfer may be appropriated by the Legislature from
16 any funds.
17 3. Unless otherwise provided in this subparagraph, an
18 expenditure from the Budget Stabilization Fund must be
19 restored pursuant to a restoration schedule that provides for
20 making five equal annual transfers from the General Revenue
21 Fund, beginning in the fiscal year following that in which the
22 expenditure was made. For any Budget Stabilization Fund
23 expenditure, the Legislature may establish by law a different
24 restoration schedule and such change may be made at any time
25 during the restoration period. Moneys are hereby appropriated
26 for transfers pursuant to this subparagraph.
27 4. The Budget Stabilization Fund and the Working
28 Capital Fund may be used as revolving funds for transfers as
29 provided in s. 17.61 s. 18.125; however, any interest earned
30 must be deposited in the General Revenue Fund.
31
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1 5. The Chief Financial Officer Comptroller and the
2 Department of Management Services shall transfer funds to
3 water management districts to pay eligible water management
4 district employees for all benefits due under s. 373.6065, as
5 long as funds remain available for the program described under
6 s. 100.152.
7 (d) The Working Capital Fund shall consist of moneys
8 in the General Revenue Fund which are in excess of the amount
9 needed to meet General Revenue Fund appropriations for the
10 current fiscal year. Each year, no later than the publishing
11 date of the annual financial statements for the state by the
12 Chief Financial Officer Comptroller under s. 216.102, funds
13 shall be transferred between the Working Capital Fund and the
14 General Revenue Fund to establish the balance of the Working
15 Capital Fund for that fiscal year at the amount determined
16 pursuant to this paragraph.
17 Section 210. Subsections (2) and (3) of section
18 215.3206, Florida Statutes, are amended to read:
19 215.3206 Trust funds; termination or re-creation.--
20 (2) If the trust fund is terminated and not
21 immediately re-created, all cash balances and income of the
22 trust fund shall be deposited into the General Revenue Fund.
23 The agency or Chief Justice shall pay any outstanding debts of
24 the trust fund as soon as practicable, and the Chief Financial
25 Officer Comptroller shall close out and remove the trust fund
26 from the various state accounting systems, using generally
27 accepted accounting practices concerning warrants outstanding,
28 assets, and liabilities. No appropriation or budget amendment
29 shall be construed to authorize any encumbrance of funds from
30 a trust fund after the date on which the trust fund is
31 terminated or is judicially determined to be invalid.
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1 (3) On or before September 1 of each year, the Chief
2 Financial Officer Comptroller shall submit to the Executive
3 Office of the Governor, the President of the Senate, and the
4 Speaker of the House of Representatives a list of trust funds
5 that are scheduled to terminate within 12 months after that
6 date and also, beginning September 1, 1996, a list of all
7 trust funds that are exempt from automatic termination
8 pursuant to the provisions of s. 19(f)(3), Art. III of the
9 State Constitution, listing revenues of the trust funds by
10 major revenue category for each of the last 4 fiscal years.
11 Section 211. Paragraph (a) of subsection (2) of
12 section 215.3208, Florida Statutes, is amended to read:
13 215.3208 Trust funds; legislative review.--
14 (2)(a) When the Legislature terminates a trust fund,
15 the agency or branch of state government that administers the
16 trust fund shall pay any outstanding debts or obligations of
17 the trust fund as soon as practicable, and the Chief Financial
18 Officer Comptroller shall close out and remove the trust fund
19 from the various state accounting systems, using generally
20 accepted accounting principles concerning assets, liabilities,
21 and warrants outstanding.
22 Section 212. Subsections (2), (3), and (4) of section
23 215.322, Florida Statutes, are amended to read:
24 215.322 Acceptance of credit cards, charge cards, or
25 debit cards by state agencies, units of local government, and
26 the judicial branch.--
27 (2) A state agency as defined in s. 216.011, or the
28 judicial branch, may accept credit cards, charge cards, or
29 debit cards in payment for goods and services with the prior
30 approval of the Chief Financial Officer Treasurer. When the
31 Internet or other related electronic methods are to be used as
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1 the collection medium, the State Technology Office shall
2 review and recommend to the Chief Financial Officer Treasurer
3 whether to approve the request with regard to the process or
4 procedure to be used.
5 (3) The Chief Financial Officer Treasurer shall adopt
6 rules governing the establishment and acceptance of credit
7 cards, charge cards, or debit cards by state agencies or the
8 judicial branch, including, but not limited to, the following:
9 (a) Utilization of a standardized contract between the
10 financial institution or other appropriate intermediaries and
11 the agency or judicial branch which shall be developed by the
12 Chief Financial Officer Treasurer or approval by the Chief
13 Financial Officer Treasurer of a substitute agreement.
14 (b) Procedures which permit an agency or officer
15 accepting payment by credit card, charge card, or debit card
16 to impose a convenience fee upon the person making the
17 payment. However, the total amount of such convenience fees
18 shall not exceed the total cost to the state agency. A
19 convenience fee is not refundable to the payor.
20 Notwithstanding the foregoing, this section shall not be
21 construed to permit surcharges on any other credit card
22 purchase in violation of s. 501.0117.
23 (c) All service fees payable pursuant to this section
24 when practicable shall be invoiced and paid by state warrant
25 or such other manner that is satisfactory to the Chief
26 Financial Officer Comptroller in accordance with the time
27 periods specified in s. 215.422.
28 (d) Submission of information to the Chief Financial
29 Officer Treasurer concerning the acceptance of credit cards,
30 charge cards, or debit cards by all state agencies or the
31 judicial branch.
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1 (e) A methodology for agencies to use when completing
2 the cost-benefit analysis referred to in subsection (1). The
3 methodology must consider all quantifiable cost reductions,
4 other benefits to the agency, and potential impact on general
5 revenue. The methodology must also consider nonquantifiable
6 benefits such as the convenience to individuals and businesses
7 that would benefit from the ability to pay for state goods and
8 services through the use of credit cards, charge cards, and
9 debit cards.
10 (4) The Chief Financial Officer may Treasurer is
11 authorized to establish contracts with one or more financial
12 institutions, credit card companies, or other entities which
13 may lawfully provide such services, in a manner consistent
14 with chapter 287, for processing credit card, charge card, or
15 debit card collections for deposit into the State Treasury or
16 another qualified public depository. Any state agency, or the
17 judicial branch, which accepts payment by credit card, charge
18 card, or debit card shall use at least one of the contractors
19 established by the Chief Financial Officer Treasurer unless
20 the state agency or judicial branch obtains authorization from
21 the Chief Financial Officer Treasurer to use another
22 contractor which is more advantageous to such state agency or
23 the judicial branch. Such contracts may authorize a unit of
24 local government to use the services upon the same terms and
25 conditions for deposit of credit card, charge card, or debit
26 card transactions into its qualified public depositories.
27 Section 213. Subsections (1) and (2) of section
28 215.34, Florida Statutes, are amended to read:
29 215.34 State funds; noncollectible items; procedure.--
30 (1) Any check, draft, or other order for the payment
31 of money in payment of any licenses, fees, taxes, commissions,
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1 or charges of any sort authorized to be made under the laws of
2 the state and deposited in the State Treasury as provided
3 herein, which may be returned for any reason by the bank or
4 other payor upon which same shall have been drawn shall be
5 forthwith returned by the Chief Financial Officer State
6 Treasurer for collection to the state officer, the state
7 agency, or the entity of the judicial branch making the
8 deposit. In such case, the Chief Financial Officer may
9 Treasurer is hereby authorized to issue a debit memorandum
10 charging an account of the agency, officer, or entity of the
11 judicial branch which originally received the payment. The
12 original of the debit memorandum shall state the reason for
13 the return of the check, draft, or other order and shall
14 accompany the item being returned to the officer, agency, or
15 entity of the judicial branch being charged, and a copy of the
16 debit memorandum shall be sent to the Comptroller. The
17 officer, agency, or entity of the judicial branch receiving
18 the charged-back item shall prepare a journal transfer which
19 shall debit the charge against the fund or account to which
20 the same shall have been originally credited. Such procedure
21 for handling noncollectible items shall not be construed as
22 paying funds out of the State Treasury without an
23 appropriation, but shall be considered as an administrative
24 procedure for the efficient handling of state records and
25 accounts.
26 (2) Whenever a check, draft, or other order for the
27 payment of money is returned by the Chief Financial Officer
28 State Treasurer, or by a qualified public depository as
29 defined in s. 280.02, to a state officer, a state agency, or
30 the judicial branch for collection, the officer, agency, or
31 judicial branch shall add to the amount due a service fee of
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1 $15 or 5 percent of the face amount of the check, draft, or
2 order, whichever is greater. An agency or the judicial branch
3 may adopt a rule which prescribes a lesser maximum service
4 fee, which shall be added to the amount due for the dishonored
5 check, draft, or other order tendered for a particular
6 service, license, tax, fee, or other charge, but in no event
7 shall the fee be less than $15. The service fee shall be in
8 addition to all other penalties imposed by law, except that
9 when other charges or penalties are imposed by an agency
10 related to a noncollectible item, the amount of the service
11 fee shall not exceed $150. Proceeds from this fee shall be
12 deposited in the same fund as the collected item. Nothing in
13 this section shall be construed as authorization to deposit
14 moneys outside the State Treasury unless specifically
15 authorized by law.
16 Section 214. Section 215.35, Florida Statutes, is
17 amended to read:
18 215.35 State funds; warrants and their issuance.--All
19 warrants issued by the Chief Financial Officer Comptroller
20 shall be numbered in chronological order commencing with
21 number one in each fiscal year and each warrant shall refer to
22 the Chief Financial Officer's Comptroller's voucher by the
23 number thereof, which voucher shall also be numbered as above
24 set forth. Each warrant shall state the name of the payee
25 thereof and the amount allowed, and said warrant shall be
26 stated in words at length. No warrant shall issue until same
27 has been authorized by an appropriation made by law but such
28 warrant need not state or set forth such authorization. The
29 Chief Financial Officer Comptroller shall register and
30 maintain a record of each warrant in his or her office. The
31 record shall show the funds, accounts, purposes, and
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1 departments involved in the issuance of each warrant. In
2 those instances where the expenditure of funds of regulatory
3 boards or commissions has been provided for by laws other than
4 the annual appropriations bill, warrants shall be issued upon
5 requisition to the Chief Financial Officer State Comptroller
6 by the governing body of such board or commission.
7 Section 215. Section 215.405, Florida Statutes, is
8 amended to read:
9 215.405 State agencies and the judicial branch
10 authorized to collect costs of fingerprinting.--Any state
11 agency, or the judicial branch, exercising regulatory
12 authority and authorized to take fingerprints of persons
13 within or seeking to come within such agency's or the judicial
14 branch's regulatory power may collect from the person or
15 entity on whose behalf the fingerprints were submitted the
16 actual costs of processing such fingerprints including, but
17 not limited to, any charges imposed by the Department of Law
18 Enforcement or any agency or branch of the United States
19 Government. This provision shall constitute express authority
20 for state agencies and the judicial branch to collect the
21 actual costs of processing the fingerprints either prior to or
22 subsequent to the actual processing and shall supersede any
23 other law to the contrary. To administer the provisions of
24 this section, a state agency, or the judicial branch, electing
25 to collect the cost of fingerprinting is empowered to
26 promulgate and adopt rules to establish the amounts and the
27 methods of payment needed to collect such costs. Collections
28 made under these provisions shall be deposited with the Chief
29 Financial Officer Treasurer to an appropriate trust fund
30 account to be designated by the Executive Office of the
31 Governor.
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1 Section 216. Section 215.42, Florida Statutes, is
2 amended to read:
3 215.42 Purchases from appropriations, proof of
4 delivery.--The Chief Financial Officer State Comptroller may
5 require proof, as he or she deems necessary, of delivery and
6 receipt of purchases before honoring any voucher for payment
7 from appropriations made in the General Appropriations Act or
8 otherwise provided by law.
9 Section 217. Section 215.422, Florida Statutes, is
10 amended to read:
11 215.422 Warrants, vouchers, and invoices; processing
12 time limits; dispute resolution; agency or judicial branch
13 compliance.--
14 (1) The voucher authorizing payment of an invoice
15 submitted to an agency of the state or the judicial branch,
16 required by law to be filed with the Chief Financial Officer
17 Comptroller, shall be filed with the Chief Financial Officer
18 Comptroller not later than 20 days after receipt of the
19 invoice and receipt, inspection, and approval of the goods or
20 services, except that in the case of a bona fide dispute the
21 voucher shall contain a statement of the dispute and authorize
22 payment only in the amount not disputed. The Chief Financial
23 Officer Comptroller may establish dollar thresholds and other
24 criteria for all invoices and may delegate to a state agency
25 or the judicial branch responsibility for maintaining the
26 official vouchers and documents for invoices which do not
27 exceed the thresholds or which meet the established criteria.
28 Such records shall be maintained in accordance with the
29 requirements established by the Secretary of State. The
30 electronic payment request transmission to the Chief Financial
31 Officer Comptroller shall constitute filing of a voucher for
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1 payment of invoices for which the Chief Financial Officer
2 Comptroller has delegated to an agency custody of official
3 records. Approval and inspection of goods or services shall
4 take no longer than 5 working days unless the bid
5 specifications, purchase order, or contract specifies
6 otherwise. If a voucher filed within the 20-day period is
7 returned by the Department of Financial Services Banking and
8 Finance because of an error, it shall nevertheless be deemed
9 timely filed. The 20-day filing requirement may be waived in
10 whole or in part by the Department of Financial Services
11 Banking and Finance on a showing of exceptional circumstances
12 in accordance with rules and regulations of the department.
13 For the purposes of determining the receipt of invoice date,
14 the agency or the judicial branch is deemed to receive an
15 invoice on the date on which a proper invoice is first
16 received at the place designated by the agency or the judicial
17 branch. The agency or the judicial branch is deemed to
18 receive an invoice on the date of the invoice if the agency or
19 the judicial branch has failed to annotate the invoice with
20 the date of receipt at the time the agency or the judicial
21 branch actually received the invoice or failed at the time the
22 order is placed or contract made to designate a specific
23 location to which the invoice must be delivered.
24 (2) The warrant in payment of an invoice submitted to
25 an agency of the state or the judicial branch shall be issued
26 not later than 10 days after filing of the voucher authorizing
27 payment. However, this requirement may be waived in whole or
28 in part by the Department of Financial Services Banking and
29 Finance on a showing of exceptional circumstances in
30 accordance with rules and regulations of the department. If
31 the 10-day period contains fewer than 6 working days, the
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1 Department of Financial Services Banking and Finance shall be
2 deemed in compliance with this subsection if the warrant is
3 issued within 6 working days without regard to the actual
4 number of calendar days. For purposes of this section, a
5 payment is deemed to be issued on the first working day that
6 payment is available for delivery or mailing to the vendor.
7 (3)(a) Each agency of the state or the judicial branch
8 which is required by law to file vouchers with the Chief
9 Financial Officer Comptroller shall keep a record of the date
10 of receipt of the invoice; dates of receipt, inspection, and
11 approval of the goods or services; date of filing of the
12 voucher; and date of issuance of the warrant in payment
13 thereof. If the voucher is not filed or the warrant is not
14 issued within the time required, an explanation in writing by
15 the agency head or the Chief Justice shall be submitted to the
16 Department of Financial Services Banking and Finance in a
17 manner prescribed by it. Agencies and the judicial branch
18 shall continue to deliver or mail state payments promptly.
19 (b) If a warrant in payment of an invoice is not
20 issued within 40 days after receipt of the invoice and
21 receipt, inspection, and approval of the goods and services,
22 the agency or judicial branch shall pay to the vendor, in
23 addition to the amount of the invoice, interest at a rate as
24 established pursuant to s. 55.03(1) on the unpaid balance from
25 the expiration of such 40-day period until such time as the
26 warrant is issued to the vendor. Such interest shall be added
27 to the invoice at the time of submission to the Chief
28 Financial Officer Comptroller for payment whenever possible.
29 If addition of the interest penalty is not possible, the
30 agency or judicial branch shall pay the interest penalty
31 payment within 15 days after issuing the warrant. The
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1 provisions of this paragraph apply only to undisputed amounts
2 for which payment has been authorized. Disputes shall be
3 resolved in accordance with rules developed and adopted by the
4 Chief Justice for the judicial branch, and rules adopted by
5 the Department of Financial Services Banking and Finance or in
6 a formal administrative proceeding before an administrative
7 law judge of the Division of Administrative Hearings for state
8 agencies, provided that, for the purposes of ss. 120.569 and
9 120.57(1), no party to a dispute involving less than $1,000 in
10 interest penalties shall be deemed to be substantially
11 affected by the dispute or to have a substantial interest in
12 the decision resolving the dispute. In the case of an error on
13 the part of the vendor, the 40-day period shall begin to run
14 upon receipt by the agency or the judicial branch of a
15 corrected invoice or other remedy of the error. The provisions
16 of this paragraph do not apply when the filing requirement
17 under subsection (1) or subsection (2) has been waived in
18 whole by the Department of Financial Services Banking and
19 Finance. The various state agencies and the judicial branch
20 shall be responsible for initiating the penalty payments
21 required by this subsection and shall use this subsection as
22 authority to make such payments. The budget request submitted
23 to the Legislature shall specifically disclose the amount of
24 any interest paid by any agency or the judicial branch
25 pursuant to this subsection. The temporary unavailability of
26 funds to make a timely payment due for goods or services does
27 not relieve an agency or the judicial branch from the
28 obligation to pay interest penalties under this section.
29 (c) An agency or the judicial branch may make partial
30 payments to a contractor upon partial delivery of goods or
31 services or upon partial completion of construction when a
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1 request for such partial payment is made by the contractor and
2 approved by the agency. Provisions of this section and rules
3 of the Department of Financial Services Banking and Finance
4 shall apply to partial payments in the same manner as they
5 apply to full payments.
6 (4) If the terms of the invoice provide a discount for
7 payment in less than 30 days, agencies of the state and the
8 judicial branch shall preferentially process it and use all
9 diligence to obtain the saving by compliance with the invoice
10 terms.
11 (5) All purchasing agreements between a state agency
12 or the judicial branch and a vendor, applicable to this
13 section, shall include a statement of the vendor's rights and
14 the state's responsibilities under this section. The vendor's
15 rights shall include being provided with the telephone number
16 of the vendor ombudsman within the Department of Financial
17 Services Banking and Finance, which information shall also be
18 placed on all agency or judicial branch purchase orders.
19 (6) The Department of Financial Services Banking and
20 Finance shall monitor each agency's and the judicial branch's
21 compliance with the time limits and interest penalty
22 provisions of this section. The department shall provide a
23 report to an agency or to the judicial branch if the
24 department determines that the agency or the judicial branch
25 has failed to maintain an acceptable rate of compliance with
26 the time limits and interest penalty provisions of this
27 section. The department shall establish criteria for
28 determining acceptable rates of compliance. The report shall
29 also include a list of late vouchers or payments, the amount
30 of interest owed or paid, and any corrective actions
31 recommended. The department shall perform monitoring
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1 responsibilities, pursuant to this section, using the
2 Management Services and Purchasing Subsystem or the Florida
3 Accounting Information Resource Subsystem provided in s.
4 215.94. Each agency and the judicial branch shall be
5 responsible for the accuracy of information entered into the
6 Management Services and Purchasing Subsystem and the Florida
7 Accounting Information Resource Subsystem for use in this
8 monitoring.
9 (7) There is created a vendor ombudsman within the
10 Department of Financial Services Banking and Finance who shall
11 be responsible for the following functions:
12 (a) Performing the duties of the department pursuant
13 to subsection (6).
14 (b) Reviewing requests for waivers due to exceptional
15 circumstances.
16 (c) Disseminating information relative to the prompt
17 payment policies of this state and assisting vendors in
18 receiving their payments in a timely manner.
19 (d) Performing such other duties as determined by the
20 department.
21 (8) The Department of Financial Services Banking and
22 Finance is authorized and directed to adopt and promulgate
23 rules and regulations to implement this section and for
24 resolution of disputes involving amounts of less than $1,000
25 in interest penalties for state agencies. No agency or the
26 judicial branch shall adopt any rule or policy that is
27 inconsistent with this section or the Department of Financial
28 Services' Banking and Finance's rules or policies.
29 (9) Each agency and the judicial branch shall include
30 in the official position description of every officer or
31 employee who is responsible for the approval or processing of
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1 vendors' invoices or distribution of warrants to vendors that
2 the requirements of this section are mandatory.
3 (10) Persistent failure to comply with this section by
4 any agency of the state or the judicial branch shall
5 constitute good cause for discharge of employees duly found
6 responsible, or predominantly responsible, for failure to
7 comply.
8 (11) Travel and other reimbursements to state officers
9 and employees must be the same as payments to vendors under
10 this section, except payment of Class C travel subsistence.
11 Class C travel subsistence shall be paid in accordance with
12 the schedule established by the Chief Financial Officer
13 Comptroller pursuant to s. 112.061(5)(b). This section does
14 not apply to payments made to state agencies, the judicial
15 branch, or the legislative branch.
16 (12) In the event that a state agency or the judicial
17 branch contracts with a third party, uses a revolving fund, or
18 pays from a local bank account to process and pay invoices for
19 goods or services, all requirements for financial obligations
20 and time processing set forth in this section shall be
21 applicable and the state agency or the judicial branch shall
22 be responsible for paying vendors the interest assessed for
23 untimely payment. The state agency or the judicial branch may,
24 through its contract with a third party, require the third
25 party to pay interest from the third party's funds.
26 (13) Notwithstanding the provisions of subsections (3)
27 and (12), in order to alleviate any hardship that may be
28 caused to a health care provider as a result of delay in
29 receiving reimbursement for services, any payment or payments
30 for hospital, medical, or other health care services which are
31 to be reimbursed by a state agency or the judicial branch,
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1 either directly or indirectly, shall be made to the health
2 care provider not more than 35 days from the date eligibility
3 for payment of such claim is determined. If payment is not
4 issued to a health care provider within 35 days after the date
5 eligibility for payment of the claim is determined, the state
6 agency or the judicial branch shall pay the health care
7 provider interest at a rate of 1 percent per month calculated
8 on a calendar day basis on the unpaid balance from the
9 expiration of such 35-day period until such time as payment is
10 made to the health care provider, unless a waiver in whole has
11 been granted by the Department of Financial Services Banking
12 and Finance pursuant to subsection (1) or subsection (2).
13 (14) The Chief Financial Officer Comptroller may adopt
14 rules to authorize advance payments for goods and services,
15 including, but not limited to, maintenance agreements and
16 subscriptions. Such rules shall provide objective criteria
17 for determining when it is in the best interest of the state
18 to make payments in advance and shall also provide for
19 adequate protection to ensure that such goods or services will
20 be provided.
21 (15) Nothing contained in this section shall be
22 construed to be an appropriation. Any interest which becomes
23 due and owing pursuant to this section shall only be payable
24 from the appropriation charged for such goods or services.
25 (16) Notwithstanding the provisions of s. 24.120(3),
26 applicable to warrants issued for payment of invoices
27 submitted by the Department of the Lottery, the Chief
28 Financial Officer Comptroller may, by written agreement with
29 the Department of the Lottery, establish a shorter time
30 requirement than the 10 days provided in subsection (2) for
31 warrants issued for payment. Pursuant to such written
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1 agreement, the Department of the Lottery shall reimburse the
2 Chief Financial Officer Comptroller for costs associated with
3 processing invoices under the agreement.
4 Section 218. Section 215.50, Florida Statutes, is
5 amended to read:
6 215.50 Custody of securities purchased; income.--
7 (1) All securities purchased or held may, with the
8 approval of the board, be in the custody of the Chief
9 Financial Officer Treasurer or the Chief Financial Officer
10 Treasurer as treasurer ex officio of the board, or be
11 deposited with a bank or trust company to be held in
12 safekeeping by such bank or trust company for the collection
13 of principal and interest or of the proceeds of the sale
14 thereof.
15 (2) It shall be the duty of the board or of the Chief
16 Financial Officer Treasurer, as custodian of the securities of
17 the board, to collect the interest or other income on, and the
18 principal of, such securities in their custody as the sums
19 become due and payable and to pay the same, when so collected,
20 into the investment account of the fund to which the
21 investments belong.
22 (3) The Chief Financial Officer Treasurer, as
23 custodian of securities owned by the Florida Retirement System
24 Trust Fund and the Florida Survivor Benefit Trust Fund, shall
25 collect the interest, dividends, prepayments, maturities,
26 proceeds from sales, and other income accruing from such
27 assets. As such income is collected by the Chief Financial
28 Officer Treasurer, it shall be deposited directly into a
29 commercial bank to the credit of the State Board of
30 Administration. Such bank accounts as may be required for
31 this purpose shall offer satisfactory collateral security as
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1 provided by chapter 280. In the event funds so deposited
2 according to the provisions of this section are required for
3 the purpose of paying benefits or other operational needs, the
4 State Board of Administration shall remit to the Florida
5 Retirement System Trust Fund in the State Treasury such
6 amounts as may be requested by the Department of Management
7 Services.
8 (4) Securities that the board selects to use for
9 options operations under s. 215.45 or for lending under s.
10 215.47(16) shall be registered by the Chief Financial Officer
11 Treasurer in the name of a third-party nominee in order to
12 facilitate such operations.
13 Section 219. Section 215.551, Florida Statutes, is
14 amended to read:
15 215.551 Federal Use of State Lands Trust Fund; county
16 distribution.--
17 (1) The Chief Financial Officer Comptroller may make
18 distribution of the Federal Use of State Lands Trust Fund,
19 when so requested by the counties in interest, of such amounts
20 as may be accumulated in that fund.
21 (2) The Chief Financial Officer Comptroller shall
22 ascertain, from the records of the General Land Office or
23 other departments in Washington, D.C., the number of acres of
24 land situated in the several counties in which the
25 Apalachicola, Choctawhatchee, Ocala, and Osceola Forest
26 Reserves are located, the number of acres of land of such
27 forest reserve embraced in each of the counties in each of the
28 reserves, and, also, the amount of money received by the
29 United States Government from each of the reserves,
30 respectively. The Chief Financial Officer Comptroller shall
31 apportion the money on hand to each county in each reserve,
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1 respectively and separately; such distribution shall be based
2 upon the number of acres of land embraced in the Apalachicola
3 Forest, Choctawhatchee Forest, Ocala Forest, and Osceola
4 Forest, respectively, in each county and shall be further
5 based upon the amount collected by the United States from each
6 of such forests, so that such distribution, when made, will
7 include for each county the amount due each county, based upon
8 the receipts for the particular forest and the acreage in the
9 particular county in which such forest is located. The Chief
10 Financial Officer Comptroller shall issue two warrants on the
11 Treasurer in each case, the sum of which shall be the amount
12 due each of such counties from the fund. One warrant shall be
13 payable to the county for the county general road fund, and
14 one warrant, of equal amount, shall be payable to such
15 county's district school board for the district school fund.
16 (3) In the event that actual figures of receipts from
17 different reserves cannot be obtained by counties, so as to
18 fully comply with subsections (1) and (2), the Chief Financial
19 Officer Comptroller may adjust the matter according to the
20 United States statutes, or as may appear to him or her to be
21 just and fair, and with the approval of all counties in
22 interest.
23 (4) The moneys that may be received and credited to
24 the Federal Use of State Lands Trust Fund are appropriated for
25 the payment of the warrants of the Chief Financial Officer
26 Comptroller drawn on the Treasurer in pursuance of this
27 section.
28 Section 220. Section 215.552, Florida Statutes, is
29 amended to read:
30 215.552 Federal Use of State Lands Trust Fund; land
31 within military installations; county distribution.--The Chief
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1 Financial Officer Comptroller shall distribute moneys from the
2 Federal Use of State Lands Trust Fund when so requested by the
3 counties so affected. The Chief Financial Officer Comptroller
4 shall apportion the money on hand equal to the percentage of
5 land in each county within each military installation, and the
6 amount so apportioned to each county shall be applied by such
7 counties equally divided between the district school fund and
8 the general road fund of such counties.
9 Section 221. Paragraph (c) of subsection (2),
10 paragraph (d) of subsection (4), and paragraphs (a), (b), and
11 (c) of subsection (6) of section 215.555, Florida Statutes,
12 are amended to read:
13 215.555 Florida Hurricane Catastrophe Fund.--
14 (2) DEFINITIONS.--As used in this section:
15 (c) "Covered policy" means any insurance policy
16 covering residential property in this state, including, but
17 not limited to, any homeowner's, mobile home owner's, farm
18 owner's, condominium association, condominium unit owner's,
19 tenant's, or apartment building policy, or any other policy
20 covering a residential structure or its contents issued by any
21 authorized insurer, including the Citizens Property Insurance
22 Corporation and any joint underwriting association or similar
23 entity created pursuant to law. The term "covered policy"
24 includes any collateral protection insurance policy covering
25 personal residences which protects both the borrower's and the
26 lender's financial interests, in an amount at least equal to
27 the coverage for the dwelling in place under the lapsed
28 homeowner's policy, if such policy can be accurately reported
29 as required in subsection (5). Additionally, covered policies
30 include policies covering the peril of wind removed from the
31 Florida Residential Property and Casualty Joint Underwriting
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1 Association or from the Citizens Property Insurance
2 Corporation, created pursuant to s. 627.351(6), or from the
3 Florida Windstorm Underwriting Association, created pursuant
4 to s. 627.351(2), by an authorized insurer under the terms and
5 conditions of an executed assumption agreement between the
6 authorized insurer and either such association. Each
7 assumption agreement between the either association and such
8 authorized insurer must be approved by the Florida Department
9 of Insurance or the Office of Insurance Regulation prior to
10 the effective date of the assumption, and the Department of
11 Insurance or the Office of Insurance Regulation must provide
12 written notification to the board within 15 working days after
13 such approval. "Covered policy" does not include any policy
14 that excludes wind coverage or hurricane coverage or any
15 reinsurance agreement and does not include any policy
16 otherwise meeting this definition which is issued by a surplus
17 lines insurer or a reinsurer.
18 (4) REIMBURSEMENT CONTRACTS.--
19 (d)1. For purposes of determining potential liability
20 and to aid in the sound administration of the fund, the
21 contract shall require each insurer to report such insurer's
22 losses from each covered event on an interim basis, as
23 directed by the board. The contract shall require the insurer
24 to report to the board no later than December 31 of each year,
25 and quarterly thereafter, its reimbursable losses from covered
26 events for the year. The contract shall require the board to
27 determine and pay, as soon as practicable after receiving
28 these reports of reimbursable losses, the initial amount of
29 reimbursement due and adjustments to this amount based on
30 later loss information. The adjustments to reimbursement
31 amounts shall require the board to pay, or the insurer to
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1 return, amounts reflecting the most recent calculation of
2 losses.
3 2. In determining reimbursements pursuant to this
4 subsection, the contract shall provide that the board shall:
5 a. First reimburse insurers writing covered policies,
6 which insurers are in full compliance with this section and
7 have petitioned the Office of Insurance Regulation Department
8 of Insurance and qualified as limited apportionment companies
9 under s. 627.351(2)(b)3. The amount of such reimbursement
10 shall be the lesser of $10 million or an amount equal to 10
11 times the insurer's reimbursement premium for the current
12 year. The amount of reimbursement paid under this
13 sub-subparagraph may not exceed the full amount of
14 reimbursement promised in the reimbursement contract. This
15 sub-subparagraph does not apply with respect to any contract
16 year in which the year-end projected cash balance of the fund,
17 exclusive of any bonding capacity of the fund, exceeds $2
18 billion. Only one member of any insurer group may receive
19 reimbursement under this sub-subparagraph.
20 b. Next pay to each insurer such insurer's projected
21 payout, which is the amount of reimbursement it is owed, up to
22 an amount equal to the insurer's share of the actual premium
23 paid for that contract year, multiplied by the actual
24 claims-paying capacity available for that contract year;
25 provided, entities created pursuant to s. 627.351 shall be
26 further reimbursed in accordance with sub-subparagraph c.
27 c. Thereafter, establish, based on reimbursable
28 losses, the prorated reimbursement level at the highest level
29 for which any remaining fund balance or bond proceeds are
30 sufficient to reimburse entities created pursuant to s.
31
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1 627.351 for losses exceeding the amounts payable pursuant to
2 sub-subparagraph b. for the current contract year.
3 (6) REVENUE BONDS.--
4 (a) General provisions.--
5 1. Upon the occurrence of a hurricane and a
6 determination that the moneys in the fund are or will be
7 insufficient to pay reimbursement at the levels promised in
8 the reimbursement contracts, the board may take the necessary
9 steps under paragraph (b) or paragraph (c) for the issuance of
10 revenue bonds for the benefit of the fund. The proceeds of
11 such revenue bonds may be used to make reimbursement payments
12 under reimbursement contracts; to refinance or replace
13 previously existing borrowings or financial arrangements; to
14 pay interest on bonds; to fund reserves for the bonds; to pay
15 expenses incident to the issuance or sale of any bond issued
16 under this section, including costs of validating, printing,
17 and delivering the bonds, costs of printing the official
18 statement, costs of publishing notices of sale of the bonds,
19 and related administrative expenses; or for such other
20 purposes related to the financial obligations of the fund as
21 the board may determine. The term of the bonds may not exceed
22 30 years. The board may pledge or authorize the corporation to
23 pledge all or a portion of all revenues under subsection (5)
24 and under subparagraph 3. to secure such revenue bonds and the
25 board may execute such agreements between the board and the
26 issuer of any revenue bonds and providers of other financing
27 arrangements under paragraph (7)(b) as the board deems
28 necessary to evidence, secure, preserve, and protect such
29 pledge. If reimbursement premiums received under subsection
30 (5) or earnings on such premiums are used to pay debt service
31 on revenue bonds, such premiums and earnings shall be used
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1 only after the use of the moneys derived from assessments
2 under subparagraph 3. The funds, credit, property, or taxing
3 power of the state or political subdivisions of the state
4 shall not be pledged for the payment of such bonds. The board
5 may also enter into agreements under paragraph (b) or
6 paragraph (c) for the purpose of issuing revenue bonds in the
7 absence of a hurricane upon a determination that such action
8 would maximize the ability of the fund to meet future
9 obligations.
10 2. The Legislature finds and declares that the
11 issuance of bonds under this subsection is for the public
12 purpose of paying the proceeds of the bonds to insurers,
13 thereby enabling insurers to pay the claims of policyholders
14 to assure that policyholders are able to pay the cost of
15 construction, reconstruction, repair, restoration, and other
16 costs associated with damage to property of policyholders of
17 covered policies after the occurrence of a hurricane. Revenue
18 bonds may not be issued under this subsection until validated
19 under chapter 75. The validation of at least the first
20 obligations incurred pursuant to this subsection shall be
21 appealed to the Supreme Court, to be handled on an expedited
22 basis.
23 3. If the board determines that the amount of revenue
24 produced under subsection (5) is insufficient to fund the
25 obligations, costs, and expenses of the fund and the
26 corporation, including repayment of revenue bonds, the board
27 shall direct the Office of Insurance Regulation Department of
28 Insurance to levy an emergency assessment on each insurer
29 writing property and casualty business in this state. Pursuant
30 to the emergency assessment, each such insurer shall pay to
31 the corporation by July 1 of each year an amount set by the
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1 board not exceeding 2 percent of its gross direct written
2 premium for the prior year from all property and casualty
3 business in this state except for workers' compensation,
4 except that, if the Governor has declared a state of emergency
5 under s. 252.36 due to the occurrence of a covered event, the
6 amount of the assessment for the contract year may be
7 increased to an amount not exceeding 4 percent of such
8 premium. Any assessment authority not used for the contract
9 year may be used for a subsequent contract year. If, for a
10 subsequent contract year, the board determines that the amount
11 of revenue produced under subsection (5) is insufficient to
12 fund the obligations, costs, and expenses of the fund and the
13 corporation, including repayment of revenue bonds for that
14 contract year, the board shall direct the Office of Insurance
15 Regulation Department of Insurance to levy an emergency
16 assessment up to an amount not exceeding the amount of unused
17 assessment authority from a previous contract year or years,
18 plus an additional 2 percent if the Governor has declared a
19 state of emergency under s. 252.36 due to the occurrence of a
20 covered event. Any assessment authority not used for the
21 contract year may be used for a subsequent contract year. As
22 used in this subsection, the term "property and casualty
23 business" includes all lines of business identified on Form 2,
24 Exhibit of Premiums and Losses, in the annual statement
25 required by s. 624.424 and any rules adopted under such
26 section, except for those lines identified as accident and
27 health insurance. The annual assessments under this
28 subparagraph shall continue as long as the revenue bonds
29 issued with respect to which the assessment was imposed are
30 outstanding, unless adequate provision has been made for the
31 payment of such bonds pursuant to the documents authorizing
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1 issuance of the bonds. An insurer shall not at any time be
2 subject to aggregate annual assessments under this
3 subparagraph of more than 2 percent of premium, except that in
4 the case of a declared emergency, an insurer shall not at any
5 time be subject to aggregate annual assessments under this
6 subparagraph of more than 6 percent of premium; provided, no
7 more than 4 percent may be assessed for any one contract year.
8 Any rate filing or portion of a rate filing reflecting a rate
9 change attributable entirely to the assessment levied under
10 this subparagraph shall be deemed approved when made, subject
11 to the authority of the Office of Insurance Regulation
12 Department of Insurance to require actuarial justification as
13 to the adequacy of any rate at any time. If the rate filing
14 reflects only a rate change attributable to the assessment
15 under this paragraph, the filing may consist of a
16 certification so stating. The assessments otherwise payable to
17 the corporation pursuant to this subparagraph shall be paid
18 instead to the fund unless and until the Office of Insurance
19 Regulation Department of Insurance has received from the
20 corporation and the fund a notice, which shall be conclusive
21 and upon which the Office of Insurance Regulation Department
22 of Insurance may rely without further inquiry, that the
23 corporation has issued bonds and the fund has no agreements in
24 effect with local governments pursuant to paragraph (b). On
25 or after the date of such notice and until such date as the
26 corporation has no bonds outstanding, the fund shall have no
27 right, title, or interest in or to the assessments, except as
28 provided in the fund's agreements with the corporation.
29 (b) Revenue bond issuance through counties or
30 municipalities.--
31
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1 1. If the board elects to enter into agreements with
2 local governments for the issuance of revenue bonds for the
3 benefit of the fund, the board shall enter into such contracts
4 with one or more local governments, including agreements
5 providing for the pledge of revenues, as are necessary to
6 effect such issuance. The governing body of a county or
7 municipality is authorized to issue bonds as defined in s.
8 125.013 or s. 166.101 from time to time to fund an assistance
9 program, in conjunction with the Florida Hurricane Catastrophe
10 Fund, for the purposes set forth in this section or for the
11 purpose of paying the costs of construction, reconstruction,
12 repair, restoration, and other costs associated with damage to
13 properties of policyholders of covered policies due to the
14 occurrence of a hurricane by assuring that policyholders
15 located in this state are able to recover claims under
16 property insurance policies after a covered event.
17 2. In order to avoid needless and indiscriminate
18 proliferation, duplication, and fragmentation of such
19 assistance programs, any local government may provide for the
20 payment of fund reimbursements, regardless of whether or not
21 the losses for which reimbursement is made occurred within or
22 outside of the territorial jurisdiction of the local
23 government.
24 3. The state hereby covenants with holders of bonds
25 issued under this paragraph that the state will not repeal or
26 abrogate the power of the board to direct the Office of
27 Insurance Regulation Department of Insurance to levy the
28 assessments and to collect the proceeds of the revenues
29 pledged to the payment of such bonds as long as any such bonds
30 remain outstanding unless adequate provision has been made for
31
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1 the payment of such bonds pursuant to the documents
2 authorizing the issuance of such bonds.
3 4. There shall be no liability on the part of, and no
4 cause of action shall arise against any members or employees
5 of the governing body of a local government for any actions
6 taken by them in the performance of their duties under this
7 paragraph.
8 (c) Florida Hurricane Catastrophe Fund Finance
9 Corporation.--
10 1. In addition to the findings and declarations in
11 subsection (1), the Legislature also finds and declares that:
12 a. The public benefits corporation created under this
13 paragraph will provide a mechanism necessary for the
14 cost-effective and efficient issuance of bonds. This mechanism
15 will eliminate unnecessary costs in the bond issuance process,
16 thereby increasing the amounts available to pay reimbursement
17 for losses to property sustained as a result of hurricane
18 damage.
19 b. The purpose of such bonds is to fund reimbursements
20 through the Florida Hurricane Catastrophe Fund to pay for the
21 costs of construction, reconstruction, repair, restoration,
22 and other costs associated with damage to properties of
23 policyholders of covered policies due to the occurrence of a
24 hurricane.
25 c. The efficacy of the financing mechanism will be
26 enhanced by the corporation's ownership of the assessments, by
27 the insulation of the assessments from possible bankruptcy
28 proceedings, and by covenants of the state with the
29 corporation's bondholders.
30
31
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1 2.a. There is created a public benefits corporation,
2 which is an instrumentality of the state, to be known as the
3 Florida Hurricane Catastrophe Fund Finance Corporation.
4 b. The corporation shall operate under a five-member
5 board of directors consisting of the Governor or a designee,
6 the Chief Financial Officer Comptroller or a designee, the
7 Attorney General Treasurer or a designee, the director of the
8 Division of Bond Finance of the State Board of Administration,
9 and the senior employee of the State Board of Administration
10 responsible for operations chief operating officer of the
11 Florida Hurricane Catastrophe Fund.
12 c. The corporation has all of the powers of
13 corporations under chapter 607 and under chapter 617, subject
14 only to the provisions of this subsection.
15 d. The corporation may issue bonds and engage in such
16 other financial transactions as are necessary to provide
17 sufficient funds to achieve the purposes of this section.
18 e. The corporation may invest in any of the
19 investments authorized under s. 215.47.
20 f. There shall be no liability on the part of, and no
21 cause of action shall arise against, any board members or
22 employees of the corporation for any actions taken by them in
23 the performance of their duties under this paragraph.
24 3.a. In actions under chapter 75 to validate any bonds
25 issued by the corporation, the notice required by s. 75.06
26 shall be published only in Leon County and in two newspapers
27 of general circulation in the state, and the complaint and
28 order of the court shall be served only on the State Attorney
29 of the Second Judicial Circuit.
30 b. The state hereby covenants with holders of bonds of
31 the corporation that the state will not repeal or abrogate the
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1 power of the board to direct the Office of Insurance
2 Regulation Department of Insurance to levy the assessments and
3 to collect the proceeds of the revenues pledged to the payment
4 of such bonds as long as any such bonds remain outstanding
5 unless adequate provision has been made for the payment of
6 such bonds pursuant to the documents authorizing the issuance
7 of such bonds.
8 4. The bonds of the corporation are not a debt of the
9 state or of any political subdivision, and neither the state
10 nor any political subdivision is liable on such bonds. The
11 corporation does not have the power to pledge the credit, the
12 revenues, or the taxing power of the state or of any political
13 subdivision. The credit, revenues, or taxing power of the
14 state or of any political subdivision shall not be deemed to
15 be pledged to the payment of any bonds of the corporation.
16 5.a. The property, revenues, and other assets of the
17 corporation; the transactions and operations of the
18 corporation and the income from such transactions and
19 operations; and all bonds issued under this paragraph and
20 interest on such bonds are exempt from taxation by the state
21 and any political subdivision, including the intangibles tax
22 under chapter 199 and the income tax under chapter 220. This
23 exemption does not apply to any tax imposed by chapter 220 on
24 interest, income, or profits on debt obligations owned by
25 corporations other than the Florida Hurricane Catastrophe Fund
26 Finance Corporation.
27 b. All bonds of the corporation shall be and
28 constitute legal investments without limitation for all public
29 bodies of this state; for all banks, trust companies, savings
30 banks, savings associations, savings and loan associations,
31 and investment companies; for all administrators, executors,
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1 trustees, and other fiduciaries; for all insurance companies
2 and associations and other persons carrying on an insurance
3 business; and for all other persons who are now or may
4 hereafter be authorized to invest in bonds or other
5 obligations of the state and shall be and constitute eligible
6 securities to be deposited as collateral for the security of
7 any state, county, municipal, or other public funds. This
8 sub-subparagraph shall be considered as additional and
9 supplemental authority and shall not be limited without
10 specific reference to this sub-subparagraph.
11 6. The corporation and its corporate existence shall
12 continue until terminated by law; however, no such law shall
13 take effect as long as the corporation has bonds outstanding
14 unless adequate provision has been made for the payment of
15 such bonds pursuant to the documents authorizing the issuance
16 of such bonds. Upon termination of the existence of the
17 corporation, all of its rights and properties in excess of its
18 obligations shall pass to and be vested in the state.
19 Section 222. Subsection (5) of section 215.559,
20 Florida Statutes, is amended to read:
21 215.559 Hurricane Loss Mitigation Program.--
22 (5) Except for the program set forth in subsection
23 (3), the Department of Community Affairs shall develop the
24 programs set forth in this section in consultation with an
25 advisory council consisting of a representative designated by
26 the Chief Financial Officer Department of Insurance, a
27 representative designated by the Florida Home Builders
28 Association, a representative designated by the Florida
29 Insurance Council, a representative designated by the
30 Federation of Manufactured Home Owners, a representative
31 designated by the Florida Association of Counties, and a
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1 representative designated by the Florida Manufactured Housing
2 Association.
3 Section 223. Paragraph (c) of subsection (1),
4 paragraph (b) of subsection (2), and paragraph (a) of
5 subsection (3) of section 215.56005, Florida Statutes, are
6 amended to read:
7 215.56005 Tobacco Settlement Financing Corporation.--
8 (1) DEFINITIONS.--As used in this section:
9 (c) "Department" means the Department of Financial
10 Services Banking and Finance or its successor.
11 (2) CORPORATION CREATION AND AUTHORITY.--
12 (b) The corporation shall be governed by a board of
13 directors consisting of the Governor, the Chief Financial
14 Officer or the Chief Financial Officer's designee Treasurer,
15 the Comptroller, the Attorney General, two directors appointed
16 from the membership of the Senate by the President of the
17 Senate, and two directors appointed from the membership of the
18 House of Representatives by the Speaker of the House of
19 Representatives. On January 7, 2003, the board shall include
20 the Chief Financial Officer or the Chief Financial Officer's
21 designee, in place of the Treasurer and the Comptroller or
22 their designees. The executive director of the State Board of
23 Administration shall be the chief executive officer of the
24 corporation and shall direct and supervise the administrative
25 affairs and operation of the corporation. The corporation
26 shall also have such other officers as may be determined by
27 the board of directors.
28 (3) POWERS OF THE DEPARTMENT.--
29 (a) The department is authorized, on behalf of the
30 state, to do all things necessary or desirable to assist the
31 corporation in the execution of the corporation's
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1 responsibilities, including, but not limited to, processing
2 budget amendments against the Department of Financial Services
3 Banking and Finance Tobacco Settlement Clearing Trust Fund,
4 subject to the requirements of s. 216.177, for the costs and
5 expenses of administration of the corporation in an amount not
6 to exceed $500,000; entering into one or more purchase
7 agreements to sell to the corporation any or all of the
8 state's right, title, and interest in and to the tobacco
9 settlement agreement; executing any administrative agreements
10 with the corporation to fund the administration, operation,
11 and expenses of the corporation from moneys appropriated for
12 such purpose; and executing and delivering any and all other
13 documents and agreements necessary or desirable in connection
14 with the sale of any or all of the state's right, title, and
15 interest in and to the tobacco settlement agreement to the
16 corporation or the issuance of the bonds by the corporation.
17 The department's authority to sell any or all of the state's
18 right, title, and interest in and to the tobacco settlement
19 agreement is subject to approval by the Legislature in a
20 regular, extended, or special session.
21 Section 224. Subsection (3) and paragraph (a) of
22 subsection (5) of section 215.5601, Florida Statutes, are
23 amended to read:
24 215.5601 Lawton Chiles Endowment Fund.--
25 (3) LAWTON CHILES ENDOWMENT FUND; CREATION;
26 PRINCIPAL.--
27 (a) There is created the Lawton Chiles Endowment Fund,
28 to be administered by the State Board of Administration. The
29 endowment shall serve as a clearing trust fund, not subject to
30 termination under s. 19(f), Art. III of the State
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1 Constitution. The endowment fund shall be exempt from the
2 service charges imposed by s. 215.20.
3 (b) The endowment shall receive moneys from the sale
4 of the state's right, title, and interest in and to the
5 tobacco settlement agreement as defined in s. 215.56005,
6 including the right to receive payments under such agreement,
7 and from accounts transferred from the Department of Financial
8 Services Banking and Finance Tobacco Settlement Clearing Trust
9 Fund established under s. 17.41. Amounts to be transferred
10 from the Department of Financial Services Banking and Finance
11 Tobacco Settlement Clearing Trust Fund to the endowment shall
12 be in the following amounts for the following fiscal years:
13 1. For fiscal year 1999-2000, $1.1 billion;
14 2. For fiscal year 2000-2001, $200 million;
15 3. For fiscal year 2001-2002, $200 million;
16 4. For fiscal year 2002-2003, $200 million; and
17 (c) Amounts to be transferred under subparagraphs
18 (b)2., 3., and 4. may be reduced by an amount equal to the
19 lesser of $200 million or the amount the endowment receives in
20 that fiscal year from the sale of the state's right, title,
21 and interest in and to the tobacco settlement agreement.
22 (d) For fiscal year 2001-2002, $150 million of the
23 existing principal in the endowment shall be reserved and
24 accounted for within the endowment, the income from which
25 shall be used solely for the funding for biomedical research
26 activities as provided in s. 215.5602. The income from the
27 remaining principal shall be used solely as the source of
28 funding for health and human services programs for children
29 and elders as provided in subsection (5). The separate account
30 for biomedical research shall be dissolved and the entire
31 principal in the endowment shall be used exclusively for
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1 health and human services programs when cures have been found
2 for tobacco-related cancer, heart, and lung disease.
3 (5) AVAILABILITY OF FUNDS; USES.--
4 (a) Funds from the endowment which are available for
5 legislative appropriation shall be transferred by the board to
6 the Department of Financial Services Banking and Finance
7 Tobacco Settlement Clearing Trust Fund, created in s. 17.41,
8 and disbursed in accordance with the legislative
9 appropriation.
10 1. Appropriations by the Legislature to the Department
11 of Health from endowment earnings from the principal set aside
12 for biomedical research shall be from a category called the
13 Florida Biomedical Research Program and shall be deposited
14 into the Biomedical Research Trust Fund in the Department of
15 Health established in s. 20.435.
16 2. Appropriations by the Legislature to the Department
17 of Children and Family Services, the Department of Health, or
18 the Department of Elderly Affairs for health and human
19 services programs shall be from a category called the Lawton
20 Chiles Endowment Fund Programs and shall be deposited into
21 each department's respective Tobacco Settlement Trust Fund as
22 appropriated.
23 Section 225. Section 215.58, Florida Statutes, is
24 amended to read:
25 215.58 Definitions relating to State Bond Act.--The
26 following words or terms when used in this act shall have the
27 following meanings:
28 (1) "Governor" means shall mean the Governor of the
29 state or any Acting Governor or other person then exercising
30 the duties of the office of Governor.
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1 (2) "Treasurer" shall mean the Insurance Commissioner
2 and Treasurer.
3 (3) "Comptroller" shall mean the State Comptroller.
4 (2)(4) "State" means shall mean the State of Florida.
5 (3)(5) "Division" means shall mean the Division of
6 Bond Finance.
7 (4)(6) "Board" means shall mean the governing board of
8 the said division, which shall be composed of the Governor and
9 Cabinet.
10 (5)(7) "Director" means shall mean the chief
11 administrator of the division, who shall act on behalf of the
12 division when authorized by the board, as provided by this
13 act.
14 (6)(8) "State agency" means shall mean any board,
15 commission, authority, or other state agency heretofore or
16 hereafter created by the constitution or statutes of the
17 state.
18 (7)(9) "Bonds" means shall mean state bonds, or any
19 revenue bonds, certificates or other obligations heretofore or
20 hereafter authorized to be issued by said division or by any
21 state agency.
22 (8)(10) "State bonds" means shall mean bonds pledging
23 the full faith and credit of the State of Florida.
24 (9)(11) "Legislature" means shall mean the State
25 Legislature.
26 (10)(12) "Constitution" means shall mean the existing
27 constitution of the state, or any constitution hereafter
28 adopted by the people of the state, together with all
29 amendments thereof.
30
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1 (11)(13) "Original issue discount" means the amount by
2 which the par value of a bond exceeds its public offering
3 price at the time it is originally offered to an investor.
4 (12)(14) "Governmental agency" means shall mean:
5 (a) The state or any department, commission, agency,
6 or other instrumentality thereof.
7 (b) Any county or municipality or any department,
8 commission, agency, or other instrumentality thereof.
9 (c) Any school board or special district, authority,
10 or governmental entity.
11 Section 226. Subsections (2), (3), (4), (5), and (8)
12 of section 215.684, Florida Statutes, are amended to read:
13 215.684 Limitation on engaging services of securities
14 broker or bond underwriter convicted of fraud.--
15 (2) Upon notification under chapter 517 that a person
16 or firm has been convicted or has pleaded as provided in
17 subsection (1), the Chief Financial Officer Comptroller shall
18 issue a notice of intent to take action to disqualify such
19 person or firm, which notice must state that:
20 (a) Such person or firm is considered a disqualified
21 securities broker or bond underwriter;
22 (b) A state agency may not enter into a contract with
23 such person or firm as a securities broker or bond underwriter
24 for any new business for a period of 2 years;
25 (c) The substantial rights of such person or firm as a
26 securities broker or bond underwriter are being affected and
27 the person or firm has the rights accorded pursuant to ss.
28 120.569 and 120.57; and
29 (d) Such person or firm may petition to mitigate the
30 duration of his or her disqualification, based on the criteria
31 established in subsection (3) and may request that such
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1 mitigation be considered as part of any hearing under ss.
2 120.569 and 120.57.
3 (3) The Chief Financial Officer Comptroller shall
4 decide, based on the following criteria, whether or not to
5 mitigate the duration of the disqualification:
6 (a) The nature and details of the crime;
7 (b) The degree of culpability of the person or firm
8 proposed to be requalified;
9 (c) Prompt or voluntary payment of any damages or
10 penalty as a result of the conviction and disassociation from
11 any other person or firm involved in the crimes of fraud;
12 (d) Cooperation with state or federal investigation or
13 prosecution of the crime of fraud;
14 (e) Prior or future self-policing by the person or
15 firm to prevent crimes of fraud; and
16 (f) Reinstatement or clemency in any jurisdiction in
17 relation to the crime at issue in the proceeding.
18 (4) If the Chief Financial Officer Comptroller in his
19 or her sole discretion decides to mitigate the duration of the
20 disqualification based on the foregoing, the duration of
21 disqualification shall be for any period the Chief Financial
22 Officer Comptroller specifies up to 2 years from the date of
23 the person's or firm's conviction or plea. If the Chief
24 Financial Officer Comptroller refuses to mitigate the duration
25 of the disqualification, such person or firm may again file
26 for mitigation no sooner than 9 months after denial by the
27 Chief Financial Officer Comptroller.
28 (5) Notwithstanding subsection (4), a firm or person
29 at any time may petition the Chief Financial Officer
30 Comptroller for termination of the disqualification based upon
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1 a reversal of the conviction of the firm or person by an
2 appellate court or a pardon.
3 (8) Except when otherwise provided by law for crimes
4 of fraud with respect to the transaction of business with any
5 public entity or with an agency or political subdivision of
6 any other state or with the United States, this act
7 constitutes the sole authorization for determining when a
8 person or firm convicted or having pleaded guilty or nolo
9 contendere to the crime of fraud may not be engaged to provide
10 services as a securities broker or bond underwriter with the
11 state. Nothing in this act shall be construed to affect the
12 authority granted the Chief Financial Officer Comptroller
13 under chapter 517 to revoke or suspend the license of such
14 securities dealer or bond underwriter.
15 Section 227. Subsection (4) of section 215.70, Florida
16 Statutes, is amended to read:
17 215.70 State Board of Administration to act in case of
18 defaults.--
19 (4) Whenever it becomes necessary for state funds to
20 be appropriated for the payment of principal or interest on
21 bonds which have been issued by the Division of Bond Finance
22 on behalf of any local government or authority and for which
23 the full faith and credit of the state has been pledged, any
24 state shared revenues otherwise earmarked for the local
25 government or authority shall be used by the Chief Financial
26 Officer Comptroller to reimburse the state, until the local
27 government or authority has reimbursed the state in full.
28 Section 228. Subsection (4) of section 215.91, Florida
29 Statutes, is amended to read:
30 215.91 Florida Financial Management Information
31 System; board; council.--
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1 (4) The council shall provide ongoing counsel to the
2 board and act to resolve problems among or between the
3 functional owner subsystems. The board, through the
4 coordinating council, shall direct and manage the development,
5 implementation, and operation of the information subsystems
6 that together are the Florida Financial Management Information
7 System. The coordinating council shall approve the
8 information subsystems' designs prior to the development,
9 implementation, and operation of the subsystems and shall
10 approve subsequent proposed design modifications to the
11 information subsystems subject to the guidelines issued by the
12 council. The coordinating council shall ensure that the
13 information subsystems' operations support the exchange of
14 unified and coordinated data between information subsystems.
15 The coordinating council shall establish the common data codes
16 for financial management, and it shall require and ensure the
17 use of common data codes by the information subsystems that
18 together constitute the Florida Financial Management
19 Information System. The Chief Financial Officer Comptroller
20 shall adopt a chart of accounts consistent with the common
21 financial management data codes established by the
22 coordinating council. The board, through the coordinating
23 council, shall establish the financial management policies and
24 procedures for the executive branch of state government. The
25 coordinating council shall notify in writing the chairs of the
26 legislative fiscal committees and the Chief Justice of the
27 Supreme Court regarding the adoption of, or modification to, a
28 proposed financial management policy or procedure. The notice
29 shall solicit comments from the chairs of the legislative
30 fiscal committees and the Chief Justice of the Supreme Court
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1 at least 14 consecutive days before the final action by the
2 coordinating council.
3 Section 229. Subsection (5) of section