Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 7123, 1st Eng.
                        Barcode 205126
                            CHAMBER ACTION
              Senate                               House
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                                   .         05/03/2007 18:08:56
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       05/02/2007 03:27 PM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Between lines 667 and 668,
15  
16  insert:  
17         Section 11.  Paragraph (b) of subsection (2) and
18  subsection (5) of section 287.063, Florida Statutes, are
19  amended to read:
20         287.063  Deferred-payment commodity contracts; preaudit
21  review.--
22         (b)  The Chief Financial Officer shall establish, by
23  rule, criteria for approving purchases made under
24  deferred-payment contracts which require the payment of
25  interest. Criteria shall include, but not be limited to, the
26  following provisions:
27         1.  No contract shall be approved in which interest
28  exceeds the statutory ceiling contained in this section.
29  However, the interest component of any master equipment
30  financing agreement entered into for the purpose of
31  consolidated financing of a deferred-payment, installment
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    4:50 PM   05/01/07                              h7123.21cu.00y

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 7123, 1st Eng. Barcode 205126 1 sale, or lease-purchase shall be deemed to comply with the 2 interest rate limitation of this section so long as the 3 interest component of every interagency agreement under such 4 master equipment financing agreement complies with the 5 interest rate limitation of this section. 6 2. No deferred-payment purchase for less than $30,000 7 shall be approved, unless it can be satisfactorily 8 demonstrated and documented to the Chief Financial Officer 9 that failure to make such deferred-payment purchase would 10 adversely affect an agency in the performance of its duties. 11 However, the Chief Financial Officer may approve any 12 deferred-payment purchase if the Chief Financial Officer 13 determines that such purchase is economically beneficial to 14 the state. 15 3. No agency shall obligate an annualized amount of 16 payments for deferred-payment purchases in excess of current 17 operating capital outlay appropriations, unless specifically 18 authorized by law or unless it can be satisfactorily 19 demonstrated and documented to the Chief Financial Officer 20 that failure to make such deferred-payment purchase would 21 adversely affect an agency in the performance of its duties. 22 3.4. No contract shall be approved which extends 23 payment beyond 5 years, unless it can be satisfactorily 24 demonstrated and documented to the Chief Financial Officer 25 that failure to make such deferred-payment purchase would 26 adversely affect an agency in the performance of its duties. 27 The payment term may not exceed the useful life of the 28 equipment unless the contract provides for the replacement or 29 the extension of the useful life of the equipment during the 30 term of the loan. 31 (5) For purposes of this section, the annualized 2 4:50 PM 05/01/07 h7123.21cu.00y
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 7123, 1st Eng. Barcode 205126 1 amount of any such deferred payment commodity contract must be 2 supported from available recurring funds appropriated to the 3 agency in an appropriation category, other than the expense 4 appropriation category as defined in chapter 216, that the 5 Chief Financial Officer has determined is appropriate or that 6 the Legislature has designated for payment of the obligation 7 incurred under this section. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On line 49, after the first semicolon, 13 14 insert: 15 amending s. 287.063, F.S.; requiring that the 16 term of payment for consolidated equipment 17 finance contracts may not extend beyond the 18 anticipated useful life of the equipment 19 financed; deleting the requirement that the 20 Chief Financial Officer establish criteria that 21 prohibits a state agency from obligating an 22 annualized amount of payments for certain 23 deferred payment purchases; 24 25 26 27 28 29 30 31 3 4:50 PM 05/01/07 h7123.21cu.00y