Senate Bill sb2790

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    Florida Senate - 2004                                  SB 2790

    By Senator Geller





    31-1242-04

  1                      A bill to be entitled

  2         An act relating to trust funds; transferring

  3         and amending s. 350.0614, F.S.; creating a

  4         Public Counsel Trust Fund to fund the

  5         operations of the Public Counsel in matters

  6         pertaining to insurance; amending s. 624.523,

  7         F.S.; providing a funding source for the Public

  8         Counsel Trust Fund; providing for review and

  9         termination or re-creation of the trust fund;

10         providing a contingent effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Section 350.0614, Florida Statutes, is

15  transferred, renumbered as section 11.954, Florida Statutes,

16  and amended to read:

17         11.954 350.0614  Public Counsel; trust funds;

18  compensation and expenses.--

19         (1)(a)1.  There is created a Public Counsel Trust Fund

20  in the Legislative Auditing Committee to fund the operation of

21  the Public Counsel for matters pertaining to insurance.

22         2.  In accordance with s. 19(f)(2), Art. III of the

23  State Constitution, the Public Counsel Trust Fund shall

24  terminate on July 1, 2008, unless terminated sooner. Before

25  its scheduled termination, the trust fund shall be reviewed as

26  provided in s. 215.3206(1) and (2).

27         (b)  The salaries and expenses of the Public Counsel

28  and his or her employees shall be allocated by the committee

29  only from moneys appropriated to the Public Counsel by the

30  Legislature.

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    Florida Senate - 2004                                  SB 2790
    31-1242-04




 1         (2)  The Legislature hereby declares and determines

 2  that the Public Counsel is under the legislative branch of

 3  government within the intention of the legislation as

 4  expressed in chapter 216, and no power shall be in the

 5  Executive Office of the Governor or its successor to release

 6  or withhold funds appropriated to it, but the same shall be

 7  available for expenditure as provided by law and the rules or

 8  decisions of the Joint Auditing Committee.

 9         (3)  Neither the Executive Office of the Governor nor

10  the Department of Management Services or its successor shall

11  have power to determine the number, or fix the compensation,

12  of the employees of the Public Counsel or to exercise any

13  manner of control over them.

14         Section 2.  Subsection (3) is added to section 624.523,

15  Florida Statutes, to read:

16         624.523  Insurance Regulatory Trust Fund.--

17         (3)  An amount determined in the General Appropriations

18  Act shall be transferred annually from the Chief Financial

19  Officer's Regulatory Trust Fund to the Public Counsel Trust

20  Fund for the purpose of funding the office of the Public

21  Counsel for matters pertaining to insurance.

22         Section 3.  This act shall take effect July 1, 2004, if

23  SB _____ or similar legislation prescribing duties of the

24  Public Counsel in insurance rate cases before the Department

25  of Financial Services is adopted in the same legislative

26  session or an extension thereof.

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    Florida Senate - 2004                                  SB 2790
    31-1242-04




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 2                          SENATE SUMMARY

 3    Creates a Public Counsel Trust Fund in the Legislative
      Auditing Committee to fund the operations of the Public
 4    Counsel with respect to insurance and provides for
      appropriations to the trust fund from the Chief Financial
 5    Officer's Regulatory Trust Fund. Provides for future
      review, and for termination or re-creation, of the fund.
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