Florida Senate - 2008 SENATOR AMENDMENT
Bill No. HB 5043
464080
Senate
Floor: 1/AD/2R
4/16/2008 12:11 PM
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House
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Senator Alexander moved the following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Section 17.0315, Florida Statutes, is created to
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read:
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17.0315 Financial and cash management system; task force.--
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(1) The Chief Financial Officer shall be the head of and
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appoint members to a task force that shall include the executive
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director of the Agency for Enterprise Information Technology and
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the director of the Office of Policy and Budget in the Executive
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Office of the Governor. The task force is established to develop
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a successor financial and cash management system that:
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(a) Promotes transparency in the accounting of public
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funds;
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(b) Provides timely and accurate transactional processes by
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agencies and their professional staffs;
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(c) Interfaces with other systems providing human
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resources, procurement of goods and services, and other
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enterprise functions;
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(d) Interfaces with the existing legislative
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appropriations, planning, and budgeting systems;
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(e) Permits proper disbursement and auditing controls
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consistent with the respective constitutional duties of the Chief
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Financial Officer and the Legislature;
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(f) Supports executive reporting and data analysis
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requirements; and
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(g) Follows the information technology strategy developed
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by the Agency for Enterprise Information Technology.
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(2) Members appointed to the task force, or their designee,
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shall consult with state agency administrative services
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directors, finance and accounting offices, and budget directors
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of all branches of Florida government. The task force shall
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submit to the Governor, the President of the Senate, and the
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Speaker of the House of Representatives a report that:
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(a) Identifies problems and opportunities posed by current
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law and the current administration with existing state accounting
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systems;
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(b) Provides developmental solutions to known failures
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identified by external review and audit reports;
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(c) Recommends business processes and requirements to
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support a standardized statewide accounting system;
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(d) Identifies revised rulemaking procedures needed to
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ensure the operational and security integrity of any successor
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system;
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(e) Evaluates different funding approaches to equitably
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distribute common accounting infrastructure costs across all
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participating users; and
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(f) Provides an executable, enterprise-wide work product
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that can be used as the basis for a revised competitive
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procurement for the implementation of a successor system.
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The Chief Financial Officer shall submit the initial report,
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along with draft legislation recommended to implement a
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standardized statewide financial and cash management system, by
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January 1, 2009.
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Section 2. Paragraph (a) of subsection (3) of section
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20.121, Florida Statutes, is amended to read:
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20.121 Department of Financial Services.--There is created
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a Department of Financial Services.
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(3) FINANCIAL SERVICES COMMISSION.--Effective January 7,
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2003, there is created within the Department of Financial
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Services the Financial Services Commission, composed of the
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Governor, the Attorney General, the Chief Financial Officer, and
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the Commissioner of Agriculture, which shall for purposes of this
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section be referred to as the commission. Commission members
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shall serve as agency head of the Financial Services Commission.
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The commission shall be a separate budget entity and shall be
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exempt from the provisions of s. 20.052. Commission action shall
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be by majority vote consisting of at least three affirmative
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votes. The commission shall not be subject to control,
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supervision, or direction by the Department of Financial Services
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in any manner, including purchasing, transactions involving real
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or personal property, personnel, or budgetary matters.
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(a) Structure.--The major structural unit of the commission
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is the office. Each office shall be headed by a director. The
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following offices are established:
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1. The Office of Insurance Regulation, which shall be
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responsible for all activities concerning insurers and other risk
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bearing entities, including licensing, rates, policy forms,
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market conduct, claims, issuance of certificates of authority,
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solvency, viatical settlements, premium financing, and
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administrative supervision, as provided under the insurance code
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or chapter 636. The head of the Office of Insurance Regulation is
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the Director of the Office of Insurance Regulation, who may also
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be known as the Commissioner of Insurance Regulation.
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2.a. The Office of Financial Regulation, which shall be
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responsible for all activities of the Financial Services
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Commission relating to the regulation of banks, credit unions,
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other financial institutions, finance companies, and the
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securities industry. The head of the office is the Director of
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the Office of Financial Regulation, who may also be known as the
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Commissioner of Financial Regulation. The Office of Financial
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Regulation shall include a Bureau of Financial Investigations,
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which shall function as a criminal justice agency for purposes of
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ss. 943.045-943.08 and shall have a separate budget. The bureau
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may conduct investigations within or outside this state as the
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bureau deems necessary to aid in the enforcement of this section.
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If, during an investigation, the office has reason to believe
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that any criminal law of this state has or may have been
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violated, the office shall refer any records tending to show such
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violation to state or federal law enforcement or prosecutorial
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agencies and shall provide investigative assistance to those
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agencies as required.
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b. The Strategic Markets Research and Assessment Unit is
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established within the Office of Financial Regulation. The unit
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shall report on September 1, 2008, and quarterly thereafter, to
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the Financial Services Commission, the President of the Senate,
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and the Speaker of the House of Representatives on the status of
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Florida's financial services markets. At a minimum, the report
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must include a summary of key national and international economic
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issues, trends, and threats that broadly impact the condition of
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the financial services industries, along with the effect of such
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conditions on financial institutions, the securities industries,
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other financial entities, the credit market, and the economic
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status of the residents and businesses of Florida. In order to
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ensure adequate protection for the economic well-being of the
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residents and businesses of Florida, the unit shall also submit
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to the commission, the President of the Senate, and the Speaker
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of the House of Representatives its findings and recommendations
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regarding regulatory and policy changes.
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Section 3. Section 517.315, Florida Statutes, is amended to
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read:
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517.315 Fees.--All fees of any nature collected by the
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office pursuant to this chapter shall be disbursed as follows:
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(1) The office shall transfer the amount of fees required
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to be deposited into the Securities Guaranty Fund pursuant to s.
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517.131;
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(2) After the transfer required in subsection (1), the
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office shall transfer $20 of the $50 assessment fee collected
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from each associated person under s. 517.12(10) and (11) and
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30.44 percent of the $100 assessment fee paid by dealers and
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investment advisors for each office in the state under s.
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517.12(10) and (11) to the Regulatory Trust Fund; and
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(3) All remaining fees shall be deposited into the General
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Revenue Fund.
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Section 4. Subsection (5) of section 626.932, Florida
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Statutes, is amended to read:
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626.932 Surplus lines tax.--
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(5) The department shall deposit 19.02 24.3 percent of all
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taxes collected under this section to the credit of the Insurance
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Regulatory Trust Fund. Eighty and ninety-eight hundredths
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Seventy-five and seven-tenths percent of all taxes collected
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under this section shall be deposited into the General Revenue
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Fund.
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Section 5. Subsection (7) of section 626.938, Florida
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Statutes, is amended to read:
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626.938 Report and tax of independently procured
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coverages.--
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(7) The department shall deposit 19.02 24.3 percent of all
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taxes and interest collected under this section to the credit of
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the Insurance Regulatory Trust Fund. Eighty and ninety-eight
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hundredths Seventy-five and seven-tenths percent of all taxes and
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interest collected under this section shall be deposited into the
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General Revenue Fund.
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Section 6. This act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to financial services; creating s.
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17.0315, F.S.; establishing a task force to develop a
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successor financial and cash management system; requiring
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the Chief Financial Officer to appoint members to and head
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such task force; requiring that the directors of the
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Agency for Enterprise Information Technology and the
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Office of Policy and Budget in the Executive Office of the
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Governor participate as members of the task force;
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providing a purpose; requiring members to consult with the
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administrative services directors, finance and accounting
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offices, and budget directors of all branches of state
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government; requiring the task force to submit a report
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and draft legislation to the Governor and the Legislature
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by a certain date; requiring that certain information be
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included in such report; amending s. 20.121, F.S.;
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establishing the Strategic Markets Research and Assessment
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Unit within the Office of Financial Regulation; requiring
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that the unit periodically report to the Financial
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Services Commission and the Legislature; specifying the
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information be included in such report; amending s.
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517.315, F.S.; requiring the Office of Financial
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Regulation of the Financial Services Commission to
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transfer the entire registration assessment fee paid by
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associated persons and a certain percentage of the
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assessment fee paid by dealers and investment advisors to
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the Regulatory Trust Fund; amending ss. 626.932 and
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626.938, F.S.; revising the required percentages of funds
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collected pursuant to certain taxes on surplus lines
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premiums and related interest that must be deposited into
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the Insurance Regulatory Trust Fund and the General
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Revenue Fund; providing an effective date.
4/10/2008 9:09:00 AM 17-07250-08
CODING: Words stricken are deletions; words underlined are additions.