Amendment
Bill No. 1841
Amendment No. 652713
CHAMBER ACTION
Senate House
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1The Conference Committee on HB 1841 offered the following:
2
3     Conference Committee Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 216.222, Florida Statutes, is amended
6to read:
7     216.222  Budget Stabilization Fund; criteria for
8withdrawing moneys.--
9     (1)  Moneys in the Budget Stabilization Fund may be
10transferred to the General Revenue Fund for:
11     (1)(a)1.  Offsetting a deficit in the General Revenue Fund.
12A deficit is deemed to occur when the official estimate of funds
13available in the General Revenue Fund for a fiscal year falls
14below the total amount appropriated from the General Revenue
15Fund for that fiscal year. Such a transfer must be made pursuant
16to s. 216.221, or pursuant to an appropriation by law.
17     2.(b)  Notwithstanding the requirements of s. 216.221, if,
18after consultation with the Revenue Estimating Conference, the
19Chief Financial Officer believes that a deficit will occur in
20the General Revenue Fund and if:
21     a.1.  Fewer than 30 but more than 4 days are left in the
22fiscal year, the Legislature is not in session, and neither the
23Legislature nor the Legislative Budget Commission is scheduled
24to meet before the end of the fiscal year, or
25     b.2.  Fewer than 5 days are left in the fiscal year and the
26Governor and the Chief Justice, the Legislature, or the
27Legislative Budget Commission have not implemented measures to
28resolve the deficit,
29
30the Chief Financial Officer shall certify the deficit to the
31Governor, the Chief Justice, the President of the Senate, and
32the Speaker of the House of Representatives, and may thereafter
33withdraw funds from the Budget Stabilization Fund to offset the
34projected deficit in the General Revenue Fund. The Chief
35Financial Officer shall consult with the Governor and the chair
36and vice chair of the Legislative Budget Commission before any
37funds may be withdrawn from the Budget Stabilization Fund. At
38the beginning of the next fiscal year, the Chief Financial
39Officer shall promptly determine the General Revenue Fund
40balance to be carried forward. The Chief Financial Officer shall
41immediately repay the Budget Stabilization Fund for the
42withdrawn amount, up to the amount of the balance. If the
43General Revenue Fund balance carried forward is not sufficient
44to fully repay the Budget Stabilization Fund, the repayment of
45the remainder of the withdrawn funds shall be as provided in s.
46215.32(2)(c)3.
47     (b)(2)  Providing funding for an emergency as defined in s.
48252.34. The emergency must have been declared by the Governor
49pursuant to s. 252.36 or declared by law. Such a transfer must
50be made pursuant to s. 252.37, subject to the conditions in that
51section, or pursuant to an appropriation by law.
52     (c)(3)  Providing temporary transfers to the General
53Revenue Fund pursuant to s. 215.18.
54     (2)(a)  Moneys in the Budget Stabilization Fund may be
55transferred to the State Risk Management Trust Fund to provide
56funding for an emergency. For purposes of this subsection, an
57emergency exists when uninsured losses to state property exceed
58$2 million per occurrence or $5 million annual aggregate, as
59this constitutes an unanticipated financial need that the
60Legislature has found must be funded to serve an essential state
61responsibility.
62     (b)  At such time that the Division of Risk Management
63certifies that uninsured property losses exceed $2 million per
64occurrence or $5 million annual aggregate, the division shall
65request a budget amendment through the procedures set out in s.
66216.181. Transfers into the State Risk Management Trust Fund
67pursuant to this paragraph may not exceed $38 million in any
68fiscal year.
69     Section 2.  Section 215.18, Florida Statutes, is amended to
70read:
71     215.18  Transfers between funds; limitation.--Whenever
72there exists in any fund provided for by s. 215.32 a deficiency
73which would render such fund insufficient to meet its just
74requirements, and there shall exist in the other funds in the
75State Treasury moneys which are for the time being or otherwise
76in excess of the amounts necessary to meet the just requirements
77of such last-mentioned funds, the Governor may order a temporary
78transfer of moneys from one fund to another in order to meet
79temporary deficiencies in a particular fund without resorting to
80the necessity of borrowing money and paying interest thereon.
81Except as otherwise provided in s. 216.222(1)(a)2.(b), the fund
82from which any money is temporarily transferred shall be repaid
83the amount transferred from it not later than the end of the
84fiscal year in which such transfer is made, the date of
85repayment to be specified in the order of the Governor.
86     Section 3.  This act shall take effect July 1, 2004.
87
88================= T I T L E  A M E N D M E N T =================
89     Remove the entire title and insert:
90
A bill to be entitled
91An act relating to the Budget Stabilization Fund; amending
92s. 216.222, F.S.; providing for transferring of funds from
93the Budget Stabilization Fund to the State Risk Management
94Trust Fund for emergencies relating to certain property
95losses incurred by the state; specifying conditions of
96such an emergency; providing certain limitations on such
97transfers; amending s. 215.18, F.S.; conforming a cross
98reference; providing an effective date.
99
100     WHEREAS, the Division of Risk Management provides property
101insurance coverage for all agencies within the executive,
102legislative, and judicial branches of state government, and
103     WHEREAS, the state has historically retained losses of up
104to $2 million per occurrence, $5 million annual aggregate, and
105has obtained excess property insurance for higher amounts, and
106     WHEREAS, claims historically have seldom exceeded that
107retention level, and
108     WHEREAS, insurance coverage above the retained amount and
109up to $40 million costs approximately $8.6 million for coverage
110for the 2002-2003 fiscal year, and
111     WHEREAS, excess property insurance with an annual
112aggregate retention of $40 million is readily obtainable and
113more reasonably priced such that it is in the best interest of
114the state to purchase insurance coverage for losses exceeding
115the $40 million aggregate retention level, and
116     WHEREAS, it appears financially prudent to provide an
117alternative mechanism for paying unanticipated losses of up to
118$40 million annual aggregate retention, and
119     WHEREAS, the Legislature further finds that property
120losses in excess of the coverage historically retained by the
121state constitute an unanticipated financial need, and
122     WHEREAS, an unanticipated financial need that the
123Legislature has found must be funded to serve the essential
124state responsibility of maintaining state buildings constitutes
125an emergency, and
126     WHEREAS, it would be appropriate to use moneys from the
127Budget Stabilization Fund to cover such an emergency, NOW,
128THEREFORE,


CODING: Words stricken are deletions; words underlined are additions.