Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 2548
                        Barcode 642662
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 3/AD/2R          .                    
       04/27/2006 05:31 PM         .                    
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11  Senator Carlton moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 19, line 12, through
15            page 20, line 2, delete those lines
16  
17  and insert:  
18         Section 10.  Effective upon this act becoming a law,
19  paragraphs (bb) and (ss) of subsection (1) of section 216.011,
20  Florida Statutes, are amended, and paragraphs (tt) and (uu)
21  are added to that subsection, to read:
22         216.011  Definitions.--
23         (1)  For the purpose of fiscal affairs of the state,
24  appropriations acts, legislative budgets, and approved
25  budgets, each of the following terms has the meaning
26  indicated:
27         (bb)  "Operating capital outlay" means the
28  appropriation category used to fund equipment, fixtures, and
29  other tangible personal property of a nonconsumable and
30  nonexpendable nature under s. 273.025, according to the value
31  or cost specified in s. 273.02.
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    1:34 PM   04/26/06                             s2548c1c-23-t01

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2548 Barcode 642662 1 (ss) "Qualified expenditure category" means the 2 appropriations category used to fund specific activities and 3 projects which must be transferred to one or more 4 appropriation categories for expenditure upon recommendation 5 by the Governor or Chief Justice, as appropriate, and subject 6 to approval by the Legislative Budget Commission. The 7 Legislature by law may provide that a specific portion of the 8 funds appropriated in this category be transferred to one or 9 more appropriation categories without approval by the 10 commission and may provide that requirements or contingencies 11 be satisfied prior to the transfer. 12 (tt) "Incurred obligation" means a legal obligation 13 for goods or services that have been contracted for, referred 14 to as an encumbrance in the state's financial system, or 15 received or incurred by the state and referred to as a payable 16 in the state's financial system. 17 (uu) "Salary rate reserve" means the withholding of a 18 portion of the annual salary rate for a specific purpose. 19 Section 11. Paragraph (o) is added to subsection (8) 20 of section 215.97, Florida Statutes, to read: 21 215.97 Florida Single Audit Act.-- 22 (8) Each recipient or subrecipient of state financial 23 assistance shall comply with the following: 24 (o) A contract involving the State University System 25 or the Florida Community College System funded by state 26 financial assistance may be in the form of: 27 1. A fixed-price contract that entitles the provider 28 to receive full compensation for the fixed contract amount 29 upon completion of all contract deliverables; 30 2. A fixed-rate-per-unit contract that entitles the 31 provider to receive compensation for each contract deliverable 2 1:34 PM 04/26/06 s2548c1c-23-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2548 Barcode 642662 1 provided; 2 3. A cost-reimbursable contract that entitles the 3 provider to receive compensation for actual allowable costs 4 incurred in performing contract deliverables; or 5 4. A combination of the contract forms described in 6 subparagraphs 1., 2., and 3. 7 Section 12. Section 216.346, Florida Statutes, as 8 amended by section 7 of chapter 2005-358, Laws of Florida, is 9 repealed. 10 Section 13. Subsection (4) of section 215.559, Florida 11 Statutes, is amended to read: 12 215.559 Hurricane Loss Mitigation Program.-- 13 (4) Forty percent of the total appropriation in 14 paragraph (2)(a) shall be used to inspect and improve 15 tie-downs for mobile homes. Within 30 days after the effective 16 date of that appropriation, the department shall contract with 17 a public higher educational institution in this state which 18 has previous experience in administering the programs set 19 forth in this subsection to serve as the administrative entity 20 and fiscal agent pursuant to s. 216.346 for the purpose of 21 administering the programs set forth in this subsection in 22 accordance with established policy and procedures. The 23 administrative entity working with the advisory council set up 24 under subsection (6) shall develop a list of mobile home parks 25 and counties that may be eligible to participate in the 26 tie-down program. 27 Section 14. Subsection (5) of section 331.368, Florida 28 Statutes, is amended to read: 29 331.368 Florida Space Research Institute.-- 30 (5) For the purposes of contracts and grants, s. 31 216.346 shall apply to the institute's programs with state 3 1:34 PM 04/26/06 s2548c1c-23-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2548 Barcode 642662 1 universities and community colleges. 2 Section 15. Paragraph (c) of subsection (2) of section 3 443.1316, Florida Statutes, is amended to read: 4 443.1316 Unemployment tax collection services; 5 interagency agreement.-- 6 (2) 7 (c) Notwithstanding s. 216.346, The Department of 8 Revenue may charge no more than 10 percent of the total cost 9 of the interagency agreement for the overhead or indirect 10 costs, or for any other costs not required for the payment of 11 the direct costs, of providing unemployment tax collection 12 services. 13 Section 16. Paragraph (c) of subsection (9) of section 14 1002.32, Florida Statutes, is amended to read: 15 1002.32 Developmental research (laboratory) schools.-- 16 (9) FUNDING.--Funding for a lab school, including a 17 charter lab school, shall be provided as follows: 18 (c) All operating funds provided under this section 19 shall be deposited in a Lab School Trust Fund and shall be 20 expended for the purposes of this section. The university 21 assigned a lab school shall be the fiscal agent for these 22 funds, and all rules of the university governing the budgeting 23 and expenditure of state funds shall apply to these funds 24 unless otherwise provided by law or rule of the State Board of 25 Education. The university board of trustees shall be the 26 public employer of lab school personnel for collective 27 bargaining purposes for lab schools in operation prior to the 28 2002-2003 fiscal year. Employees of charter lab schools 29 authorized prior to June 1, 2003, but not in operation prior 30 to the 2002-2003 fiscal year shall be employees of the entity 31 holding the charter and must comply with the provisions of s. 4 1:34 PM 04/26/06 s2548c1c-23-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2548 Barcode 642662 1 1002.33(12). Lab schools are not subject to the payment of 2 overhead or indirect costs as described in s. 216.346. 3 Section 17. Section 255.258, Florida Statutes, is 4 repealed. 5 Section 18. Subsection (5) is added to section 6 287.063, Florida Statutes, to read: 7 287.063 Deferred-payment commodity contracts; preaudit 8 review.-- 9 (5) For purposes of this section, any such deferred 10 payment commodity contract must be supported from available 11 recurring funds appropriated to the agency in an appropriation 12 category, other than the expense appropriation category as 13 defined in chapter 216, that the Chief Financial Officer has 14 determined is appropriate or that the Legislature has 15 designated for payment of the obligation incurred under this 16 section. 17 Section 19. Subsection (11) is added to section 18 287.064, Florida Statutes, to read: 19 287.064 Consolidated financing of deferred-payment 20 purchases.-- 21 (11) For purposes of consolidated financing of 22 deferred payment commodity contracts under this section by a 23 state agency, any such contract must be supported from 24 available recurring funds appropriated to the agency in an 25 appropriation category, other than the expense appropriation 26 category as defined in chapter 216, that the Chief Financial 27 Officer has determined is appropriate or that the Legislature 28 has designated for payment of the obligation incurred under 29 this section. 30 31 (Redesignate subsequent sections.) 5 1:34 PM 04/26/06 s2548c1c-23-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2548 Barcode 642662 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 2, lines 19-22, delete those lines 4 5 and insert: 6 the definition of "operating capital outlay" 7 and "qualified expenditure category"; defining 8 the terms "incurred obligation" and "salary 9 rate reserve" for purposes of state fiscal 10 affairs, appropriations, and budgets; amending 11 s. 215.97, F.S.; prescribing forms of payment 12 that may be included in certain contracts 13 involving the State University System or the 14 Florida Community College System; repealing s. 15 216.346, F.S., relating to contracts between 16 state agencies; amending ss. 215.559, 331.368, 17 443.1316, 1002.32, F.S., to conform to the 18 repeal of s. 216.346, F.S.; repealing s. 19 255.258, F.S., relating to shared savings 20 financing of energy conservation in state-owned 21 buildings; amending ss. 287.063, 287.064, F.S.; 22 revising requirements for consolidated 23 financing of deferred payment commodity 24 contracts; 25 26 27 28 29 30 31 6 1:34 PM 04/26/06 s2548c1c-23-t01