Florida Senate - 2022 SENATOR AMENDMENT Bill No. CS for HB 3 Ì241014fÎ241014 LEGISLATIVE ACTION Senate . House . . . Floor: 2/F/2R . 03/09/2022 11:34 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Substitute for Amendment (880670) (with title 2 amendment) 3 4 Before line 76 5 insert: 6 Section 1. Subsection (12) is added to section 30.49, 7 Florida Statutes, to read: 8 30.49 Budgets.— 9 (12)(a) Except as otherwise provided in this subsection, 10 after the approval of the sheriff’s budget by the board of 11 county commissioners or budget commission, if a county has 12 established a budget commission, the sheriff may transfer funds 13 between the functional categories described in paragraph (2)(a) 14 or between the itemized categories described in paragraph 15 (2)(c). 16 (b) The board of county commissioners or budget commission, 17 as applicable, may by ordinance or resolution establish a 18 mutually agreeable policy prescribing the manner in which a 19 sheriff may transfer funds between functional categories 20 described in paragraph (2)(a) or the itemized functional 21 categories described in paragraph (2)(c). If the board or 22 commission establishes such a policy, the policy must include an 23 actual threshold amount, or percentage threshold, of funds the 24 sheriff may transfer between functional categories or itemized 25 categories without the approval of the board or commission. The 26 policy must include evidence of agreement between the board or 27 commission, as applicable, and the sheriff. The policy adopted 28 by the board or commission, as applicable, under this paragraph 29 may not authorize the sheriff to comingle recurring or 30 nonrecurring funds, or otherwise transfer recurring funds into 31 any nonrecurring categories, or nonrecurring funds into 32 recurring categories, irrespective of whether the transfer of 33 funds occurs within the functional categories in paragraph 34 (2)(a) or the itemized categories in paragraph (2)(c). The 35 sheriff must, within 14 days after the end of each fiscal 36 quarter, submit a report to the board or commission, as 37 applicable, of all fund transfers made in such quarter which did 38 not require the board’s or commission’s approval pursuant to the 39 policy established under this paragraph. The report must contain 40 a sworn certificate stating the transfers of funds undertaken 41 during the completed quarter were reasonable and necessary for 42 the proper and efficient operation of the office, county jail, 43 or provision of court services. 44 (c) If the board of county commissioners or budget 45 commission, as applicable, does not adopt a policy under 46 paragraph (b), the sheriff may transfer funds between the 47 functional categories described in paragraph (2)(a) or itemized 48 categories in paragraph (2)(c) without the approval of the board 49 or commission, except the sheriff may not comingle recurring or 50 nonrecurring funds, or otherwise transfer recurring funds into 51 any nonrecurring categories or nonrecurring funds into recurring 52 categories, irrespective of whether transfer of funds occurs 53 within the functional categories in paragraph (2)(a) or the 54 itemized categories in paragraph (2)(c). Within 14 days after 55 the end of each fiscal quarter, the sheriff must provide a 56 report to the board or commission, as applicable, of all fund 57 transfers made in such completed quarter. The report must 58 contain a sworn certificate stating the transfers of funds 59 undertaken during the completed quarter were reasonable and 60 necessary for the proper and efficient operation of the office, 61 county jail, or provision of court services. 62 (d) If a transfer of funds under this subsection requires 63 the approval of the board of county commissioners or budget 64 commission, as applicable, the sheriff may apply to the board or 65 commission for a transfer of funds as necessary. The sheriff’s 66 request must contain all relevant information and justification 67 supporting the sheriff’s need for the transfer of funds. The 68 board or commission, as applicable, must place the transfer 69 request on its consent agenda at the next scheduled meeting of 70 the board or commission that occurs not more than 15 days after 71 the date the sheriff submits the request to transfer funds. The 72 transfer request may not be removed from the consent agenda, 73 except upon a majority vote of the board or commission, as 74 applicable. The board or commission may not deny the sheriff’s 75 request to transfer funds between the functional categories in 76 paragraph (2)(a) or between the itemized categories in paragraph 77 (2)(c) except upon a supermajority vote of the entire membership 78 of the board or commission, as applicable. 79 (e) After the board of county commissioners or budget 80 commission, as applicable, approves the sheriff’s budget under 81 this section, the sheriff may transfer funds between 82 expenditures at the subobject code level without approval of the 83 board or commission. As provided in subsection (3), the board or 84 commission may not amend, modify, increase, or reduce any 85 expenditure at the subobject code level. 86 Section 2. Subsection (3) of section 129.06, Florida 87 Statutes, is amended to read: 88 129.06 Execution and amendment of budget.— 89 (3) Except as authorized in s. 30.49(12), only the 90 following transfers may be made between funds: 91 (a) Transfers to correct errors in handling receipts and 92 disbursements. 93 (b) Budgeted transfers. 94 (c) Transfers to properly account for unanticipated revenue 95 or increased receipts. 96 97 ================= T I T L E A M E N D M E N T ================ 98 And the title is amended as follows: 99 Delete lines 2 - 3 100 and insert: 101 An act relating to law enforcement; amending s. 30.49, 102 F.S.; authorizing a sheriff to transfer funds between 103 specified functional categories or itemized categories 104 under certain circumstances; authorizing the board of 105 county commissioners or the budget commission to 106 establish by ordinance or resolution a policy 107 prescribing the manner in which a sheriff may transfer 108 funds between certain functional or itemized 109 categories; providing requirements and prohibitions if 110 the board or commission establishes such a policy; 111 requiring the sheriff to submit a report to the board 112 or commission as applicable; providing report 113 requirements; authorizing the sheriff to transfer 114 funds between such functional or itemized categories 115 if the board or commission has not adopted a specified 116 policy; requiring the sheriff to submit a report to 117 the board or commission as applicable; requiring 118 certification by the sheriff; authorizing the sheriff 119 to apply for a transfer of funds in specified 120 circumstances; requiring the placement of such request 121 on a consent agenda within a specified time period; 122 specifying vote requirements to remove a transfer 123 request from a consent agenda or to deny such request; 124 allowing the sheriff to transfer funds from certain 125 subobject code levels; amending s. 129.06, F.S.; 126 conforming a provision to changes made by the act; 127 amending s. 145.071, F.S.;