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Senate Bill 0662

Senate Bill sb0662

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 662

    By Senator Latvala





    311-168B-02

  1                      A bill to be entitled

  2         An act relating to governmental reorganization;

  3         creating s. 17.001, F.S.; establishing the

  4         Office of the Chief Financial Officer; creating

  5         s. 20.121, F.S.; creating the Department of

  6         Financial Services; providing for the divisions

  7         of the department; specifying division

  8         directors who shall act as agency head for

  9         purposes of ch. 120, F.S.; establishing the

10         manner of their appointment and confirmation;

11         transferring the Bureau of Deferred

12         Compensation from the Department of Insurance

13         to the Department of Management Services;

14         transferring the Division of Workers'

15         Compensation from the Department of Labor and

16         Employment Security to the Department of

17         Financial Services; providing that this act

18         shall not affect the validity of certain

19         judicial and administrative actions;

20         transferring the Department of Banking and

21         Finance and the Department of Insurance to the

22         Department of Financial Services; repealing s.

23         20.12, F.S.; abolishing the Department of

24         Banking and Finance; repealing s. 20.13, F.S.;

25         abolishing the Department of Insurance;

26         redesignating the Insurance Commissioner's

27         Regulatory Trust Fund the Insurance Regulatory

28         Trust Fund; redesignating the Department of

29         Banking and Finance Regulatory Trust Fund the

30         Banking and Finance Regulatory Trust Fund;

31         repealing s. 20.171(5)(b), F.S., relating to

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 662
    311-168B-02




  1         the Division of Workers' Compensation in the

  2         Department of Labor and Employment Security;

  3         amending and transferring ss. 18.01, 18.02,

  4         18.021, 18.05, 18.06, 18.10, 18.101, 18.103,

  5         18.104, 18.125, 18.15, 18.17, 18.20, 18.23,

  6         18.24, F.S., and amending ss. 11.12, 11.13,

  7         11.147, 11.151, 11.40, 11.42, 13.05, 14.055,

  8         14.057, 14.058, 14.202, 14.203, 14.24, 15.09,

  9         16.10, 17.011, 17.02, 17.03, 17.031, 17.04,

10         17.0401, 17.041, 17.0415, 17.05, 17.06, 17.075,

11         17.076, 17.08, 17.09, 17.10, 17.11, 17.12,

12         17.13, 17.14, 17.16, 17.17, 17.20, 17.21,

13         17.22, 17.25, 17.26, 17.27, 17.28, 17.29,

14         17.30, 17.32, 17.325, 17.41, 17.43, 20.04,

15         20.055, 20.195, 20.425, 20.435, 24.105, 24.111,

16         24.112, 24.120, 25.241, 26.39, 27.08, 27.10,

17         27.11, 27.12, 27.13, 27.34, 27.3455, 27.703,

18         27.710, 27.711, 28.235, 28.24, 30.52, 40.30,

19         40.31, 40.33, 40.34, 40.35, 43.16, 43.19,

20         48.151, 55.03, 57.091, 68.083, 68.084, 68.087,

21         68.092, 77.0305, 92.39, 99.097, 101.151,

22         103.091, 107.11, 110.1127, 110.113, 110.114,

23         110.116, 110.1227, 110.1228, 110.123, 110.125,

24         110.181, 110.2037, 110.205, 112.061, 112.08,

25         112.191, 112.215, 112.3144, 112.3145, 112.3189,

26         112.31895, 112.3215, 112.63, 114.03, 116.03,

27         116.04, 116.05, 116.06, 116.14, 120.52, 120.80,

28         121.0312, 121.055, 121.061, 121.133, 121.4501,

29         125.0104, 129.201, 131.05, 137.09, 145.141,

30         154.02, 154.03, 154.05, 154.06, 154.209,

31         154.314, 163.01, 163.05, 163.055, 163.3167,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 662
    311-168B-02




  1         175.101, 175.121, 175.151, 185.08, 185.10,

  2         185.13, 189.4035, 189.412, 189.427, 190.007,

  3         191.006, 192.091, 192.102, 193.092, 195.101,

  4         198.29, 199.232, 203.01, 206.46, 210.16,

  5         210.20, 210.50, 211.06, 211.32, 212.08, 212.12,

  6         212.20, 213.053, 213.054, 213.255, 213.67,

  7         213.75, 215.02, 215.03, 215.04, 215.05, 215.11,

  8         215.20, 215.22, 215.23, 215.24, 215.25, 215.26,

  9         215.29, 215.31, 215.32, 215.3206, 215.3208,

10         215.321, 215.322, 215.34, 215.35, 215.405,

11         215.42, 215.422, 215.44, 215.50, 215.551,

12         215.552, 215.555, 215.559, 215.56005, 215.5601,

13         215.58, 215.62, 215.684, 215.70, 215.91,

14         215.92, 215.93, 215.94, 215.95, 215.96,

15         215.965, 215.97, 216.0442, 216.102, 216.141,

16         216.177, 216.181, 216.183, 216.192, 216.212,

17         216.221, 216.235, 216.237, 216.251, 216.271,

18         216.275, 216.292, 216.301, 217.07, 218.06,

19         218.23, 218.31, 218.321, 218.325, 220.62,

20         220.723, 228.2001, 229.0535, 229.0537,

21         229.05371, 229.111, 229.781, 231.261, 231.30,

22         231.545, 233.063, 233.07, 233.15, 233.16,

23         233.255, 236.43, 236.601, 237.121, 237.181,

24         237.211, 238.11, 238.15, 238.172, 238.173,

25         240.551, 242.331, 242.341, 245.13, 250.22,

26         250.24, 250.25, 250.26, 250.34, 252.62, 252.87,

27         253.02, 253.025, 255.03, 255.052, 255.258,

28         255.503, 255.521, 257.22, 258.014, 259.032,

29         259.041, 265.53, 265.55, 267.075, 272.18,

30         280.02, 280.04, 280.041, 280.05, 280.051,

31         280.052, 280.053, 280.054, 280.055, 280.06,

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 662
    311-168B-02




  1         280.07, 280.071, 280.08, 280.085, 280.09,

  2         280.10, 280.11, 280.13, 280.16, 280.17, 280.18,

  3         280.19, 282.1095, 284.02, 284.04, 284.05,

  4         284.06, 284.08, 284.14, 284.17, 284.30, 284.31,

  5         284.32, 284.33, 284.34, 284.35, 284.37,

  6         284.385, 284.39, 284.40, 284.41, 284.42,

  7         284.44, 284.50, 287.042, 287.057, 287.058,

  8         287.063, 287.064, 287.09451, 287.115, 287.131,

  9         287.175, 288.1045, 288.106, 288.109, 288.1253,

10         288.709, 288.712, 288.776, 288.778, 288.99,

11         289.051, 289.081, 289.121, 292.085, 313.02,

12         314.02, 316.3025, 316.545, 320.02, 320.081,

13         320.20, 320.71, 320.781, 322.21, 324.032,

14         324.171, 326.006, 331.303, 331.309, 331.3101,

15         331.348, 331.419, 336.022, 337.25, 339.035,

16         339.081, 344.17, 350.06, 354.03, 365.173,

17         370.06, 370.16, 370.19, 370.20, 373.503,

18         373.59, 373.6065, 374.983, 374.986, 376.11,

19         376.123, 376.307, 376.3071, 376.3072, 376.3075,

20         376.3078, 376.3079, 376.40, 377.23, 377.2425,

21         377.705, 378.035, 378.037, 378.208, 381.765,

22         381.90, 388.201, 388.301, 391.025, 391.221,

23         392.69, 393.002, 393.075, 394.482, 400.0238,

24         400.063, 400.071, 400.4174, 400.4298, 400.471,

25         400.962, 401.245, 401.25, 402.04, 402.17,

26         402.33, 403.1835, 403.1837, 403.706, 403.724,

27         403.8532, 404.111, 408.040, 408.05, 408.08,

28         408.18, 408.50, 408.7056, 408.902, 409.175,

29         409.25656, 409.25658, 409.2673, 409.8132,

30         409.817, 409.818, 409.910, 409.912, 409.9124,

31         409.915, 411.01, 413.32, 414.27, 414.28,

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 662
    311-168B-02




  1         420.0005, 420.0006, 420.101, 420.123, 420.131,

  2         420.141, 420.5092, 430.42, 430.703, 440.103,

  3         440.105, 440.1051, 440.106, 440.13, 440.134,

  4         440.135, 440.20, 440.24, 440.38, 440.381,

  5         440.385, 440.44, 440.4416, 440.49, 440.50,

  6         440.51, 440.515, 440.52, 443.131, 443.191,

  7         443.211, 447.12, 450.155, 456.047, 468.392,

  8         473.3065, 475.045, 475.484, 475.485, 489.144,

  9         489.145, 489.533, 494.001, 494.0011, 494.0017,

10         494.00421, 497.005, 497.101, 497.105, 497.107,

11         497.109, 497.115, 497.117, 497.131, 497.201,

12         497.253, 497.313, 497.403, 497.407, 497.435,

13         497.525, 498.025, 498.049, 499.057, 501.212,

14         509.215, 513.055, 516.01, 516.03, 516.35,

15         517.021, 517.03, 517.061, 517.075, 517.1204,

16         517.1205, 517.131, 517.141, 517.151, 518.115,

17         518.116, 519.101, 520.02, 520.07, 520.31,

18         520.34, 520.61, 520.76, 520.998, 526.141,

19         537.003, 537.004, 537.011, 548.066, 548.077,

20         550.0251, 550.054, 550.0951, 550.125, 550.135,

21         550.1645, 552.081, 552.161, 552.21, 552.26,

22         553.72, 553.73, 553.74, 553.79, 554.1021,

23         554.105, 554.111, 559.10, 559.543, 559.545,

24         559.55, 559.555, 559.725, 559.730, 559.928,

25         560.102, 560.103, 560.119, 560.4041, 560.408,

26         561.051, 562.44, 567.08, 569.205, 570.13,

27         570.195, 570.20, 574.03, 589.06, 597.010,

28         601.10, 601.15, 601.28, 607.0501, 607.14401,

29         609.05, 617.0501, 617.1440, 624.05, 624.155,

30         624.305, 624.307, 624.310, 624.314, 624.319,

31         624.320, 624.321, 624.322, 624.33, 624.404,

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 662
    311-168B-02




  1         624.4071, 624.4085, 624.40851, 624.422,

  2         624.423, 624.442, 624.4435, 624.484, 624.5015,

  3         624.502, 624.506, 624.5091, 624.5092, 624.516,

  4         624.517, 624.519, 624.521, 624.523, 624.610,

  5         624.87, 624.91, 625.161, 625.317, 625.52,

  6         625.53, 625.83, 626.266, 626.2815, 626.322,

  7         626.592, 626.742, 626.7492, 626.8427, 626.8463,

  8         626.8467, 626.847, 626.8736, 626.906, 626.907,

  9         626.912, 626.918, 626.931, 626.932, 626.936,

10         626.9361, 626.937, 626.938, 626.9511, 626.9541,

11         626.9543, 626.989, 626.9892, 626.9911,

12         626.9912, 626.9916, 627.0613, 627.0628,

13         627.0651, 627.06535, 627.0915, 627.0916,

14         627.092, 627.096, 627.221, 627.311, 627.351,

15         627.413, 627.4236, 627.6472, 627.6482,

16         627.6488, 627.6675, 627.7012, 627.7015,

17         627.727, 627.728, 627.736, 627.849, 627.912,

18         627.9122, 627.919, 627.94074, 627.944, 627.948,

19         628.461, 628.4615, 629.401, 631.001, 631.221,

20         631.392, 631.54, 631.57, 631.59, 631.714,

21         631.72, 631.723, 631.813, 631.814, 631.904,

22         631.911, 631.912, 631.917, 631.931, 632.628,

23         633.01, 633.022, 633.025, 633.052, 633.061,

24         633.081, 633.111, 633.161, 633.162, 633.30,

25         633.31, 633.353, 633.382, 633.43, 633.445,

26         633.45, 633.46, 633.461, 633.47, 633.50,

27         633.524, 634.011, 634.137, 634.151, 634.161,

28         634.221, 634.301, 634.313, 634.324, 634.327,

29         634.3284, 634.401, 634.415, 634.416, 634.427,

30         634.433, 635.011, 635.041, 636.003, 636.043,

31         636.047, 636.052, 641.185, 641.19, 641.23,

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 662
    311-168B-02




  1         641.26, 641.28, 641.39001, 641.402, 641.403,

  2         641.412, 641.454, 641.455, 641.48, 641.49,

  3         641.511, 641.52, 641.55, 641.58, 642.015,

  4         642.0475, 648.25, 648.26, 648.34, 648.355,

  5         648.37, 648.386, 648.442, 650.06, 651.011,

  6         651.015, 651.0235, 651.035, 651.121, 651.125,

  7         655.001, 655.005, 655.057, 655.90, 657.002,

  8         657.253, 658.23, 658.295, 658.2953, 658.83,

  9         660.27, 660.28, 687.13, 687.14, 697.202,

10         697.205, 697.206, 713.596, 716.02, 716.03,

11         716.04, 716.05, 716.06, 716.07, 717.101,

12         717.135, 717.138, 718.501, 719.501, 721.24,

13         721.26, 723.006, 732.107, 733.816, 744.534,

14         766.105, 766.1115, 766.314, 766.315, 768.28,

15         790.001, 790.1612, 791.01, 791.015, 817.16,

16         817.234, 839.06, 849.086, 849.33, 860.154,

17         860.157, 896.102, 903.101, 903.27, 925.037,

18         932.7055, 932.707, 938.27, 939.13, 943.031,

19         943.032, 944.516, 946.33, 946.509, 946.510,

20         946.517, 946.522, 946.525, 947.12, 950.002,

21         957.04, 985.406, 985.409, F.S., to conform;

22         repealing s. 18.03, F.S., relating to the

23         residence and office of the Treasurer, s.

24         18.07, F.S., relating to records of warrants

25         and state funds and securities, s. 18.08, F.S.,

26         relating to the duty of the Treasurer to turn

27         over warrants paid to the Comptroller, s.

28         18.09, F.S., relating to a report to the

29         Legislature, s. 18.091, F.S., relating to

30         employees for legislative sessions; s. 18.22,

31         F.S., relating to rules, s. 657.067, F.S.,

                                  7

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    Florida Senate - 2002                                   SB 662
    311-168B-02




  1         relating to conversion of credit unions from

  2         federal to state charter; providing effective

  3         dates.

  4

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

  6

  7         Section 1.  Section 17.001, Florida Statutes, is

  8  created to read:

  9         17.001  Financial Officer.--As provided in s. 4(c),

10  Art. IV of the State Constitution, the Chief Financial Officer

11  is the chief fiscal officer of the state and is responsible

12  for settling and approving accounts against the state and

13  keeping all state funds and securities.

14         Section 2.  Section 20.121, Florida Statutes, is

15  created to read:

16         20.121  Department of Financial Services.--There is

17  created a Department of Financial Services.

18         (1)  The head of the Department of Financial Services

19  is the Chief Financial Officer.

20         (2)  The Department of Financial Services shall consist

21  of the following divisions:

22         (a)  Division of Treasury.

23         (b)  Division of Consumer Services.

24         (c)  Division of Insurer Services. Division

25  responsibilities, as provided in the Florida Insurance Code,

26  include issuing certificates of authority to insurers,

27  regulatory oversight of insurer insolvency, approving policy

28  forms and rates, performing market conduct examinations, and

29  enforcing statutes related to insurers.

30         (d)  Division of Financial Institutions, which shall

31  consist of the following bureaus:

                                  8

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    Florida Senate - 2002                                   SB 662
    311-168B-02




  1         1.  Bureau of Banking; and

  2         2.  Bureau of Credit Unions.

  3

  4  Division responsibilities include licensure, examination, and

  5  regulation of state-chartered financial institutions, as

  6  provided in chapters 655, 657, 658, 660, 663, 665, and 667.

  7         (e)  Division of Risk Management.

  8         (f)  Division of State Fire Marshal.

  9         (g)  Division of Insurance Fraud.

10         (h)  Division of Rehabilitation and Liquidation.

11         (i)  Division of Securities and Finance. Division

12  responsibilities include enforcing chapter 517, the Florida

13  Securities and Investor Protection Act; chapter 494, relating

14  to mortgage brokerage and mortgage lending; chapter 516, the

15  Consumer Finance Act; chapter 520, relating to retail

16  installment sales; those sections in chapter 559 relating to

17  collection agencies; chapter 560, the Money Transmitters'

18  Code; those portions of chapter 497 related to the

19  department's responsibilities with respect to cemeteries and

20  preneed services; and certifying and reviewing certified

21  capital companies, as provided in s. 288.99.

22         (j)  Division of Information Systems.

23         (k)  Division of Legal Services.

24         (l)  Division of Financial Investigations.

25         (m)  Division of Accounting and Auditing.

26         (n)  Division of Insurance Agent and Agency Services.

27         (o)  Division of Administration.

28         (p)  The Division of Workers' Compensation.

29         (3)  The Division of Financial Institutions, the

30  Division of Securities and Finance, and the Division of

31  Insurer Services shall each be headed by a "director." The

                                  9

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    Florida Senate - 2002                                   SB 662
    311-168B-02




  1  directors of these divisions shall act as agency head for

  2  purposes of chapter 120, and shall be responsible for final

  3  agency action with regard to the implementation and

  4  enforcement of statutes and rules under the regulatory

  5  authority delegated to their divisions. The Director of the

  6  Division of Financial Institutions, the Director of the

  7  Division of Securities and Finance, and the Director of the

  8  Division of Insurer Services shall each be appointed by the

  9  Chief Financial Officer, subject to confirmation by the

10  trustees of the State Board of Administration, and shall serve

11  at the pleasure of the trustees of the State Board of

12  Administration.

13         (4)  The Division of Financial Investigations shall

14  function as a criminal justice agency within the meaning of s.

15  943.045(10)(e).

16         Section 3.  The Bureau of Deferred Compensation of the

17  Division of Treasury is transferred by a type two transfer, as

18  defined in section 20.06(2), Florida Statutes, from the

19  Department of Insurance to the Department of Management

20  Services.

21         Section 4.  The Division of Workers' Compensation of

22  the Department of Labor and Employment Security is transferred

23  by a type two transfer, as defined in section 20.06(2),

24  Florida Statutes, to the Department of Financial Services.

25         Section 5.  This act shall not affect the validity of

26  any judicial or administrative action involving the Department

27  of Banking and Finance or the Department of Insurance pending

28  on January 7, 2003, and the Department of Financial Services

29  shall be substituted as a party in interest in any such

30  action. However, if the action involves the constitutional

31

                                  10

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    Florida Senate - 2002                                   SB 662
    311-168B-02




  1  functions of the Comptroller or Treasurer, the Chief Financial

  2  Officer shall instead be substituted as a party in interest.

  3         Section 6.  The Department of Banking and Finance and

  4  the Department of Insurance are transferred by a type two

  5  transfer, as defined in section 20.06, Florida Statutes, to

  6  the Department of Financial Services.

  7         Section 7.  Sections 20.12 and 20.13 and paragraph (b)

  8  of subsection (5) of section 20.171, Florida Statutes, are

  9  repealed.

10         Section 8.  Section 11.12, Florida Statutes, is amended

11  to read:

12         11.12  Salary, subsistence, and mileage of members and

13  employees; expenses authorized by resolution; appropriation;

14  preaudit by Comptroller.--

15         (1)  The Chief Financial Officer Treasurer is

16  authorized to pay the salary, subsistence, and mileage of the

17  members of the Legislature, as the same shall be authorized

18  from time to time by law, upon receipt of a warrant therefor

19  of the Comptroller for the stated amount. The Chief Financial

20  Officer Treasurer is authorized to pay the compensation of

21  employees of the Legislature, together with reimbursement for

22  their authorized travel as provided in s. 112.061, and such

23  expense of the Legislature as shall be authorized by law, a

24  concurrent resolution, a resolution of either house, or rules

25  adopted by the respective houses, provided the total amount

26  appropriated to the legislative branch shall not be altered,

27  upon receipt of such warrant therefor. The number, duties, and

28  compensation of the employees of the respective houses and of

29  their committees shall be determined as provided by the rules

30  of the respective house or in this chapter. Each legislator

31  may designate no more than two employees to attend sessions of

                                  11

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    Florida Senate - 2002                                   SB 662
    311-168B-02




  1  the Legislature, and those employees who change their places

  2  of residence in order to attend the session shall be paid

  3  subsistence at a rate to be established by the President of

  4  the Senate for Senate employees and the Speaker of the House

  5  of Representatives for House employees. Such employees, in

  6  addition to subsistence, shall be paid transportation expenses

  7  in accordance with s. 112.061(7) and (8) for actual

  8  transportation between their homes and the seat of government

  9  in order to attend the legislative session and return home, as

10  well as for two round trips during the course of any regular

11  session of the Legislature.

12         (2)  All vouchers covering legislative expenses shall

13  be preaudited by the Chief Financial Officer Comptroller, and,

14  if found to be correct, state warrants shall be issued

15  therefor.

16         Section 9.  Paragraph (c) of subsection (5) of section

17  11.13, Florida Statutes, is amended to read:

18         11.13  Compensation of members.--

19         (5)

20         (c)  The Office of Legislative Services shall submit on

21  forms prescribed by the Chief Financial Officer Comptroller

22  requested allotments of appropriations for the fiscal year. It

23  shall be the duty of the Chief Financial Officer Comptroller

24  to release the funds and authorize the expenditures for the

25  legislative branch to be made from the appropriations on the

26  basis of the requested allotments.  However, the aggregate of

27  such allotments shall not exceed the total appropriations

28  available for the fiscal year.

29         Section 10.  Subsection (4) of section 11.147, Florida

30  Statutes, is amended to read:

31         11.147  Office of Legislative Services.--

                                  12

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    Florida Senate - 2002                                   SB 662
    311-168B-02




  1         (4)  The Office of Legislative Services shall deliver

  2  such vouchers covering legislative expenses as required to the

  3  Chief Financial Officer Comptroller and, if found to be

  4  correct, state warrants shall be issued therefor.

  5         Section 11.  Section 11.151, Florida Statutes, is

  6  amended to read:

  7         11.151  Annual legislative appropriation to contingency

  8  fund for use of Senate President and House Speaker.--There is

  9  established a legislative contingency fund consisting of

10  $10,000 for the President of the Senate and $10,000 for the

11  Speaker of the House of Representatives, which amounts shall

12  be set aside annually from moneys appropriated for legislative

13  expense.  These funds shall be disbursed by the Chief

14  Financial Officer Comptroller upon receipt of vouchers

15  authorized by the President of the Senate or the Speaker of

16  the House of Representatives. Such Said funds may be expended

17  at the unrestricted discretion of the President of the Senate

18  or the Speaker of the House of Representatives in carrying out

19  their official duties during the entire period between the

20  date of their election as such officers at the organizational

21  meeting held pursuant to s. 3(a), Art. III of the State

22  Constitution and the next general election.

23         Section 12.  Subsection (5) of section 11.40, Florida

24  Statutes, is amended to read:

25         11.40  Legislative Auditing Committee.--

26         (5)  Following notification by the Auditor General, the

27  Department of Financial Services Banking and Finance, or the

28  Division of Bond Finance of the State Board of Administration

29  of the failure of a local governmental entity, district school

30  board, charter school, or charter technical career center to

31  comply with the applicable provisions within s. 11.45(5)-(7),

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  1  s. 218.32(1), or s. 218.38, the Legislative Auditing Committee

  2  may schedule a hearing. If a hearing is scheduled, the

  3  committee shall determine if the entity should be subject to

  4  further state action.  If the committee determines that the

  5  entity should be subject to further state action, the

  6  committee shall:

  7         (a)  In the case of a local governmental entity or

  8  district school board, request the Department of Revenue and

  9  the Department of Financial Services Banking and Finance to

10  withhold any funds not pledged for bond debt service

11  satisfaction which are payable to such entity until the entity

12  complies with the law. The committee, in its request, shall

13  specify the date such action shall begin, and the request must

14  be received by the Department of Revenue and the Department of

15  Financial Services Banking and Finance 30 days before the date

16  of the distribution mandated by law. The Department of Revenue

17  and the Department of Financial Services may Banking and

18  Finance are authorized to implement the provisions of this

19  paragraph.

20         (b)  In the case of a special district, notify the

21  Department of Community Affairs that the special district has

22  failed to comply with the law. Upon receipt of notification,

23  the Department of Community Affairs shall proceed pursuant to

24  the provisions specified in ss. 189.421 and 189.422.

25         (c)  In the case of a charter school or charter

26  technical career center, notify the appropriate sponsoring

27  entity, which may terminate the charter pursuant to ss.

28  228.056 and 228.505.

29         Section 13.  Paragraph (b) of subsection (6) of section

30  11.42, Florida Statutes, is amended to read:

31         11.42  The Auditor General.--

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  1         (6)

  2         (b)  All payrolls and vouchers for the operations of

  3  the Auditor General's office shall be submitted to the Chief

  4  Financial Officer Comptroller and, if found to be correct,

  5  payments shall be issued therefor.

  6         Section 14.  Subsection (1) of section 13.05, Florida

  7  Statutes, is amended to read:

  8         13.05  Governor's Committee on Interstate

  9  Cooperation.--

10         (1)  There is hereby established a committee of

11  administrative officials of this state to be officially known

12  as the Governor's Committee on Interstate Cooperation, and to

13  consist of six seven members. Its members shall be the

14  Governor, Secretary of State, Attorney General, Chief

15  Financial Officer Comptroller, Treasurer, Commissioner of

16  Education, and Commissioner of Agriculture. Any member of the

17  Governor's committee may designate an alternate to serve in

18  the member's place upon any occasion; such alternate shall be

19  an administrative official or employee of the state.

20         Section 15.  Section 14.055, Florida Statutes, is

21  amended to read:

22         14.055  Succession to office of Governor.--Upon vacancy

23  in the office of Governor, the Lieutenant Governor shall

24  become Governor.  Upon vacancy in the office of Governor and

25  in the office of Lieutenant Governor, the Secretary of State

26  shall become Governor; or if the office of Secretary of State

27  be vacant, then the Attorney General shall become Governor; or

28  if the office of Attorney General be vacant, then the Chief

29  Financial Officer Comptroller shall become Governor; or if the

30  office of Comptroller be vacant, then the Treasurer shall

31  become Governor; or if the office of Treasurer be vacant, then

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  1  the Commissioner of Education shall become Governor; or if the

  2  office of Chief Financial Officer Commissioner of Education be

  3  vacant, then the Commissioner of Agriculture shall become

  4  Governor.  A successor under this section shall serve for the

  5  remainder of the term and shall receive all the rights,

  6  privileges and emoluments of the Governor.  In case a vacancy

  7  shall occur in the office of Governor and provision is not

  8  made herein for filling such vacancy, then the Speaker of the

  9  House and the President of the Senate shall convene the

10  Legislature by joint proclamation within 15 days for the

11  purpose of choosing a person to serve as Governor for the

12  remainder of the term.  A successor shall be elected by a

13  majority vote in a joint session of both houses.

14         Section 16.  Subsection (1) of section 14.057, Florida

15  Statutes, is amended to read:

16         14.057  Governor-elect; establishment of operating

17  fund.--

18         (1)  There is established an operating fund for the use

19  of the Governor-elect during the period dating from the

20  certification of his or her election by the Elections

21  Canvassing Commission to his or her inauguration as Governor.

22  The Governor-elect during this period may allocate the fund to

23  travel, expenses, his or her salary, and the salaries of the

24  Governor-elect's staff as he or she determines. Such staff may

25  include, but not be limited to, a chief administrative

26  assistant, a legal adviser, a fiscal expert, and a public

27  relations and information adviser. The salary of the

28  Governor-elect and each member of the Governor-elect's staff

29  during this period shall be determined by the Governor-elect,

30  except that the total expenditures chargeable to the state

31  under this section, including salaries, shall not exceed the

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  1  amount appropriated to the operating fund. The Executive

  2  Office of the Governor shall supply to the Governor-elect

  3  suitable forms to provide for the expenditure of the fund and

  4  suitable forms to provide for the reporting of all

  5  expenditures therefrom. The Chief Financial Officer

  6  Comptroller shall release moneys from this fund upon the

  7  request of the Governor-elect properly filed.

  8         Section 17.  Section 14.058, Florida Statutes, is

  9  amended to read:

10         14.058  Inauguration expense fund.--There is

11  established an inauguration expense fund for the use of the

12  Governor-elect in planning and conducting the inauguration

13  ceremonies. The Governor-elect shall appoint an inauguration

14  coordinator and such staff as necessary to plan and conduct

15  the inauguration. Salaries for the inauguration coordinator

16  and the inauguration coordinator's staff shall be determined

17  by the Governor-elect and shall be paid from the inauguration

18  expense fund. The Executive Office of the Governor shall

19  supply to the inauguration coordinator suitable forms to

20  provide for the expenditure of the fund and suitable forms to

21  provide for the reporting of all expenditures therefrom. The

22  Chief Financial Officer Comptroller shall release moneys from

23  this fund upon the request of the inauguration coordinator

24  properly filed.

25         Section 18.  Section 14.202, Florida Statutes, is

26  amended to read:

27         14.202  Administration Commission.--There is created as

28  part of the Executive Office of the Governor an Administration

29  Commission composed of the Governor and Cabinet. The Governor

30  is chair of the commission. The Governor or Chief Financial

31  Officer Comptroller may call a meeting of the commission

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  1  promptly each time the need therefor arises. Unless otherwise

  2  provided herein, affirmative action by the commission shall

  3  require the approval of the Governor and at least two three

  4  other members of the commission. The commission shall adopt

  5  rules pursuant to ss. 120.536(1) and 120.54 to implement

  6  provisions of law conferring duties upon it.

  7         Section 19.  Paragraph (f) of subsection (3) of section

  8  14.203, Florida Statutes, is amended to read:

  9         14.203  State Council on Competitive Government.--It is

10  the policy of this state that all state services be performed

11  in the most effective and efficient manner in order to provide

12  the best value to the citizens of the state. The state also

13  recognizes that competition among service providers may

14  improve the quality of services provided, and that

15  competition, innovation, and creativity among service

16  providers should be encouraged.

17         (3)  In performing its duties under this section, the

18  council may:

19         (f)  Require that an identified state service be

20  submitted to competitive bidding or another process that

21  creates competition with private sources or other governmental

22  entities. In determining whether an identified state service

23  should be submitted to competitive bidding, the council shall

24  consider, at a minimum:

25         1.  Any constitutional and legal implications which may

26  arise as a result of such action.

27         2.  The cost of supervising the work of any private

28  contractor.

29         3.  The total cost to the state agency of such state

30  agency's performance of a service, including all indirect

31  costs related to that state agency and costs of such agencies

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  1  as the Chief Financial Officer Comptroller, the Treasurer, the

  2  Attorney General, and other such support agencies to the

  3  extent such costs would not be incurred if a contract is

  4  awarded. Costs for the current provision of the service shall

  5  be considered only when such costs would actually be saved if

  6  the contract were awarded to another entity.

  7         Section 20.  Subsection (1) of section 14.24, Florida

  8  Statutes, is amended to read:

  9         14.24  Florida Commission on the Status of Women.--

10         (1)  There is established in the Office of the Attorney

11  General the Florida Commission on the Status of Women,

12  consisting of 20 22 members. The Speaker of the House of

13  Representatives, the President of the Senate, the Attorney

14  General, and the Governor shall each appoint three members and

15  the Chief Financial Officer, Insurance Commissioner, the

16  Comptroller, the Secretary of State, the Commissioner of

17  Agriculture, and the Commissioner of Education shall each

18  appoint two members, for a term of 4 years, except that of the

19  initial appointments, one-half shall be for a 2-year term and

20  one-half shall be for a 4-year term. On January 7, 2003, the

21  term of office of each member appointed by the Insurance

22  Commissioner and the Comptroller expires; and the Chief

23  Financial Officer shall reappoint one of the members who was

24  serving on January 6, 2003, and who was appointed by the

25  Insurance Commissioner and one of such members who was

26  appointed by the Comptroller. If possible, the reappointments

27  shall be made so that the terms of the Chief Financial

28  Officer's appointees remain staggered, but if both

29  reappointees were serving terms of the same length, the

30  reappointment shall be made so that the staggering of terms is

31  maintained. The members appointed shall include persons who

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  1  represent rural and urban interests and the ethnic and

  2  cultural diversity of the state's population. No member shall

  3  serve more than 8 consecutive years on the commission. A

  4  vacancy shall be filled for the remainder of the unexpired

  5  term in the same manner as the original appointment.

  6         Section 21.  Subsection (3) of section 15.09, Florida

  7  Statutes, is amended to read:

  8         15.09  Fees.--

  9         (3)  All fees arising from certificates of election or

10  appointment to office and from commissions to officers shall

11  be paid to the Chief Financial Officer Treasurer for deposit

12  in the General Revenue Fund.

13         Section 22.  Section 16.10, Florida Statutes, is

14  amended to read:

15         16.10  Receipt of Supreme Court reports for

16  office.--The Clerk of the Supreme Court shall deliver to the

17  Attorney General a copy of each volume, or part of volume, of

18  the decisions of the Supreme Court, which may be in the care

19  or custody of said clerk, and which the Attorney General's

20  office may be without, and take the Attorney General's receipt

21  for the same. The Attorney General shall keep the same in her

22  or his office at the capitol, and each retiring Attorney

23  General shall take the receipt of her or his successor for the

24  same and file such receipt in the Chief Financial Officer's

25  Treasurer's office; provided that this shall not authorize the

26  taking away of any book belonging to the Supreme Court

27  library, kept for the use of said court.

28         Section 23.  Section 17.011, Florida Statutes, is

29  amended to read:

30         17.011  Assistant Chief Financial Officer

31  comptroller.--The Chief Financial Officer Comptroller of the

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  1  state may appoint an assistant comptroller to hold office

  2  during the pleasure of the Chief Financial Officer

  3  Comptroller.

  4         Section 24.  Section 17.02, Florida Statutes, is

  5  amended to read:

  6         17.02  Place of residence and office.--The Chief

  7  Financial Officer Comptroller shall reside at the seat of

  8  government of this state, and shall hold office in a room in

  9  the capitol. Such office must be open every day, holidays and

10  public festivals excepted, from 8 a.m. to 5 p.m. Monday

11  through Friday of every week.

12         Section 25.  Section 17.03, Florida Statutes, is

13  amended to read:

14         17.03  To audit claims against the state.--

15         (1)  The Chief Financial Officer Comptroller of this

16  state, using generally accepted auditing procedures for

17  testing or sampling, shall examine, audit, and settle all

18  accounts, claims, and demands, whatsoever, against the state,

19  arising under any law or resolution of the Legislature, and

20  issue a warrant to the Treasurer directing the payment

21  Treasurer to pay out of the State Treasury such amount as he

22  or she allows shall be allowed by the Comptroller thereon.

23         (2)  The Chief Financial Officer Comptroller may

24  establish dollar thresholds applicable to each invoice amount

25  and other criteria for testing or sampling invoices on a

26  preaudit and postaudit basis. The Chief Financial Officer

27  Comptroller may revise such thresholds and other criteria for

28  an agency or the unit of any agency as he or she deems

29  appropriate.

30         (3)  The Chief Financial Officer Comptroller may adopt

31  and disseminate to the agencies procedural and documentation

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  1  standards for payment requests and may provide training and

  2  technical assistance to the agencies for these standards.

  3         (4)  The Chief Financial Officer Comptroller shall have

  4  the legal duty of delivering all state warrants and shall be

  5  charged with the official responsibility of the protection and

  6  security of the state warrants while in his or her custody.

  7  The Chief Financial Officer Comptroller may delegate this

  8  authority to other state agencies or officers.

  9         Section 26.  Section 17.031, Florida Statutes, is

10  amended to read:

11         17.031  Security of Chief Financial Officer's

12  Comptroller's office.--The Chief Financial Officer may

13  Comptroller is authorized to engage the full-time services of

14  two law enforcement officers, with power of arrest, to prevent

15  all acts of a criminal nature directed at the property in the

16  custody or control of the Chief Financial Officer Comptroller.

17  While so assigned, such said officers shall be under the

18  direction and supervision of the Chief Financial Officer

19  Comptroller, and their salaries and expenses shall be paid

20  from the general fund of the office of Chief Financial Officer

21  Comptroller.

22         Section 27.  Section 17.04, Florida Statutes, is

23  amended to read:

24         17.04  To audit and adjust accounts of officers and

25  those indebted to the state.--The Chief Financial Officer

26  Department of Banking and Finance of this state, using

27  generally accepted auditing procedures for testing or

28  sampling, shall examine, audit, adjust, and settle the

29  accounts of all the officers of this state, and any other

30  person in anywise entrusted with, or who may have received any

31  property, funds, or moneys of this state, or who may be in

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  1  anywise indebted or accountable to this state for any

  2  property, funds, or moneys, and require such officer or

  3  persons to render full accounts thereof, and to yield up such

  4  property or funds according to law, or pay such moneys into

  5  the treasury of this state, or to such officer or agent of the

  6  state as may be appointed to receive the same, and on failure

  7  so to do, to cause to be instituted and prosecuted

  8  proceedings, criminal or civil, at law or in equity, against

  9  such persons, according to law.  The Division of Financial

10  Investigations may conduct investigations within or outside of

11  this state as it deems necessary to aid in the enforcement of

12  this section.  If during an investigation the division has

13  reason to believe that any criminal statute of this state has

14  or may have been violated, the division shall refer any

15  records tending to show such violation to state or federal law

16  enforcement or prosecutorial agencies and shall provide

17  investigative assistance to those agencies as required.

18         Section 28.  Section 17.0401, Florida Statutes, is

19  amended to read:

20         17.0401  Confidentiality of information relating to

21  financial investigations.--Except as otherwise provided by

22  this section, information relative to an investigation

23  conducted by the Division of Financial Investigations pursuant

24  to s. 17.04, including any consumer complaint, is confidential

25  and exempt from the provisions of s. 119.07(1) and s. 24(a),

26  Art. I of the State Constitution until the investigation is

27  completed or ceases to be active.  Any information relating to

28  an investigation conducted by the division pursuant to s.

29  17.04 shall remain confidential and exempt from the provisions

30  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

31  after the division's investigation is completed or ceases to

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  1  be active if the division submits the information to any law

  2  enforcement or prosecutorial agency for further investigation.

  3  Such information shall remain confidential and exempt from the

  4  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

  5  Constitution until that agency's investigation is completed or

  6  ceases to be active.  For purposes of this section, an

  7  investigation shall be considered "active" so long as the

  8  division or any law enforcement or prosecutorial agency is

  9  proceeding with reasonable dispatch and has a reasonable good

10  faith belief that the investigation may lead to the filing of

11  an administrative, civil, or criminal proceeding.  This

12  section shall not be construed to prohibit disclosure of

13  information that which is required by law to be filed with the

14  Department of Financial Services Banking and Finance and that

15  which, but for the investigation, would otherwise be subject

16  to public disclosure. Nothing in this section shall be

17  construed to prohibit the division from providing information

18  to any law enforcement or prosecutorial agency.  Any law

19  enforcement or prosecutorial agency receiving confidential

20  information from the division in connection with its official

21  duties shall maintain the confidentiality of the information

22  as provided for in this section.

23         Section 29.  Subsections (1), (4), and (5) of section

24  17.041, Florida Statutes, are amended to read:

25         17.041  County and district accounts and claims.--

26         (1)  It shall be the duty of the Chief Financial

27  Officer Department of Banking and Finance of this state to

28  adjust and settle, or cause to be adjusted and settled, all

29  accounts and claims heretofore or hereafter reported to it by

30  the Auditor General, the appropriate county or district

31  official, or any person against all county and district

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  1  officers and employees, and against all other persons

  2  entrusted with, or who may have received, any property, funds,

  3  or moneys of a county or district or who may be in anywise

  4  indebted to or accountable to a county or district for any

  5  property, funds, moneys, or other thing of value, and to

  6  require such officer, employee, or person to render full

  7  accounts thereof and to yield up such property, funds, moneys,

  8  or other thing of value according to law to the officer or

  9  authority entitled by law to receive the same.

10         (4)  Should it appear to the Chief Financial Officer

11  department that any criminal statute of this state has or may

12  have been violated by such defaulting officer, employee, or

13  person, such information, evidence, documents, and other

14  things tending to show such a violation, whether in the hands

15  of the Chief Financial Officer Comptroller, the Auditor

16  General, the county, or the district, shall be forthwith

17  turned over to the proper state attorney for inspection,

18  study, and such action as may be deemed proper, or the same

19  may be brought to the attention of the proper grand jury.

20         (5)  No such account or claim, after it has been

21  certified to the Chief Financial Officer department, may be

22  settled for less than the amount due according to law without

23  the written consent of the Chief Financial Officer department,

24  and any attempt to make settlement in violation of this

25  subsection shall be deemed null and void.  A county or

26  district board desiring to make such a settlement shall

27  incorporate the proposed settlement into a resolution, stating

28  that the proposed settlement is contingent upon the Chief

29  Financial Officer's Comptroller's approval, and shall submit

30  two copies of the resolution to the Chief Financial Officer

31  department. The Chief Financial Officer department shall

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  1  return one copy with his or her the Comptroller's action

  2  endorsed thereon.

  3         Section 30.  Section 17.0415, Florida Statutes, is

  4  amended to read:

  5         17.0415  Transfer and assignment of claims.--In order

  6  to facilitate their collection from third parties, the Chief

  7  Financial Officer Comptroller may authorize the assignment of

  8  claims among the state, its agencies, and its subdivisions,

  9  whether arising from criminal, civil, or other judgments in

10  state or federal court. The state, its agencies, and its

11  subdivisions, may assign claims under such terms as are

12  mutually acceptable to the Chief Financial Officer Comptroller

13  and the assignee and assignor. The assigned claim may be

14  enforced as a setoff to any claim against the state, its

15  agencies, or its subdivisions, by garnishment or in the same

16  manner as a judgment in a civil action. Claims against the

17  state, its agencies, and its subdivisions resulting from the

18  condemnation of property protected by the provisions of s. 4,

19  Art. X of the State Constitution are not subject to setoff

20  pursuant to this section.

21         Section 31.  Section 17.05, Florida Statutes, is

22  amended to read:

23         17.05  Subpoenas; sworn statements; enforcement

24  proceedings.--

25         (1)  The Chief Financial Officer Comptroller may demand

26  and require full answers on oath from any and every person,

27  party or privy to any account, claim, or demand against or by

28  the state, such as it may be the Chief Financial Officer's

29  Comptroller's official duty to examine into, and which answers

30  the Chief Financial Officer Comptroller may require to be in

31  writing and to be sworn to before the Chief Financial Officer

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  1  Comptroller or the department or before any judicial officer

  2  or clerk of any court of the state so as to enable the Chief

  3  Financial Officer Comptroller to determine the justice or

  4  legality of such account, claim, or demand.

  5         (2)  In exercising authority under this chapter, the

  6  Chief Financial Officer Comptroller or his or her designee

  7  may:

  8         (a)  Issue subpoenas, administer oaths, and examine

  9  witnesses.

10         (b)  Require or permit a person to file a statement in

11  writing, under oath or otherwise as the Chief Financial

12  Officer Comptroller or his or her designee requires, as to all

13  the facts and circumstances concerning the matter to be

14  audited, examined, or investigated.

15         (3)  Subpoenas shall be issued by the Chief Financial

16  Officer Comptroller or his or her designee under seal

17  commanding such witnesses to appear before the Chief Financial

18  Officer Comptroller or the Chief Financial Officer's

19  Comptroller's representative or the department at a specified

20  time and place and to bring books, records, and documents as

21  specified or to submit books, records, and documents for

22  inspection.  Such subpoenas may be served by an authorized

23  representative of the Chief Financial Officer Comptroller or

24  the department.

25         (4)  In the event of noncompliance with a subpoena

26  issued pursuant to this section, the Chief Financial Officer

27  Comptroller or the department may petition the circuit court

28  of the county in which the person subpoenaed resides or has

29  his or her principal place of business for an order requiring

30  the subpoenaed person to appear and testify and to produce

31  books, records, and documents as specified in the subpoena.

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  1  The court may grant legal, equitable, or injunctive relief,

  2  including, but not limited to, issuance of a writ of ne exeat

  3  or the restraint by injunction or appointment of a receiver of

  4  any transfer, pledge, assignment, or other disposition of such

  5  person's assets or any concealment, alteration, destruction,

  6  or other disposition of subpoenaed books, records, or

  7  documents, as the court deems appropriate, until such person

  8  has fully complied with such subpoena and the Chief Financial

  9  Officer Comptroller or the department has completed the audit,

10  examination, or investigation. The Chief Financial Officer

11  Comptroller or the department is entitled to the summary

12  procedure provided in s. 51.011, and the court shall advance

13  the cause on its calendar. Costs incurred by the Chief

14  Financial Officer Comptroller or the department to obtain an

15  order granting, in whole or in part, such petition for

16  enforcement of a subpoena shall be charged against the

17  subpoenaed person, and failure to comply with such order shall

18  be a contempt of court.

19         Section 32.  Section 17.06, Florida Statutes, is

20  amended to read:

21         17.06  Disallowed items and accounts.--The Chief

22  Financial Officer Comptroller shall erase from any original

23  account all items disallowed by him or her; and when the Chief

24  Financial Officer Comptroller shall reject the whole of any

25  account he or she shall write across the face of it the word

26  "disallowed," and the date, and file the same in the Chief

27  Financial Officer's Comptroller's office or deliver it to the

28  claimant.

29         Section 33.  Subsection (1) of section 17.075, Florida

30  Statutes, is amended to read:

31

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  1         17.075  Form of state warrants and other payment

  2  orders; rules.--

  3         (1)  The Chief Financial Officer may Department of

  4  Banking and Finance is authorized to establish the form or

  5  forms of state warrants which are to be drawn by it and of

  6  other orders for payment or disbursement of moneys out of the

  7  State Treasury and to change the form thereof from time to

  8  time as the Chief Financial Officer department may consider

  9  necessary or appropriate. Such orders for payment may be in

10  any form, but, regardless of form, each order shall be subject

11  to the accounting and recordkeeping requirements applicable to

12  state warrants.

13         Section 34.  Paragraph (b) of subsection (1) and

14  subsections (3) and (7) of section 17.076, Florida Statutes,

15  are amended to read:

16         17.076  Direct deposit of funds.--

17         (1)  As used in this section:

18         (b)  "Department" means the Department of Financial

19  Services Banking and Finance.

20         (3)  The department may contract with an authorized

21  financial institution for the services necessary to operate

22  the program. In order to implement the provisions of this

23  section, the Chief Financial Officer Comptroller is authorized

24  to deposit with that financial institution the funds payable

25  to the beneficiaries, in lump sum, by Chief Financial

26  Officer's Comptroller's warrant to make the authorized direct

27  deposits.

28         (7)  To cover the department's actual costs for

29  processing the direct deposit of funds other than salary or

30  retirement benefits, the department may charge the beneficiary

31  of the direct deposit a reasonable fee. The department may

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  1  collect the fee by direct receipt from the beneficiary or by

  2  subtracting the amount of the fee from the funds due the

  3  beneficiary.  Such fees collected by the department shall be

  4  deposited into the Department of Financial Services Banking

  5  and Finance Administrative Trust Fund.

  6         Section 35.  Section 17.08, Florida Statutes, is

  7  amended to read:

  8         17.08  Accounts, etc., on which warrants drawn, to be

  9  filed.--All accounts, vouchers, and evidence, upon which

10  warrants have heretofore been, or shall hereafter be, drawn

11  upon the treasury by the Chief Financial Officer Comptroller

12  shall be filed and deposited in the office of Chief Financial

13  Officer Comptroller or the office of the Chief Financial

14  Officer's Comptroller's designee, in accordance with

15  requirements established by the Secretary of State.

16         Section 36.  Section 17.09, Florida Statutes, is

17  amended to read:

18         17.09  Application for warrants for salaries.--All

19  public officers who are entitled to salaries in this state,

20  shall make their application for warrants in writing, stating

21  for what terms and the amount they claim, which written

22  application shall be filed by the Chief Financial Officer

23  Comptroller as vouchers for the warrants issued thereupon.

24         Section 37.  Section 17.10, Florida Statutes, is

25  amended to read:

26         17.10  Record of warrants and of state funds and

27  securities issued.--The Chief Financial Officer Comptroller

28  shall cause to be entered in the warrant register a record of

29  the warrants issued during the previous month, and shall make

30  such entry in the record so required to be kept as shall show

31  the number of each warrant issued, in whose favor drawn, and

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  1  the date it was issued. He or she shall account for all state

  2  funds and securities.

  3         Section 38.  Section 17.11, Florida Statutes, is

  4  amended to read:

  5         17.11  To report disbursements made.--

  6         (1)  The Chief Financial Officer Comptroller shall make

  7  in all his or her future annual reports an exhibit stated from

  8  the record of disbursements made during the fiscal year, and

  9  the several heads of expenditures under which such

10  disbursements were made.

11         (2)  The Chief Financial Officer Comptroller shall also

12  cause to have reported from the Florida Accounting Information

13  Resource Subsystem no less than quarterly the disbursements

14  which agencies made to small businesses, as defined in the

15  Florida Small and Minority Business Assistance Act of 1985; to

16  certified minority business enterprises in the aggregate; and

17  to certified minority business enterprises broken down into

18  categories of minority persons, as well as gender and

19  nationality subgroups. This information shall be made

20  available to the agencies, the Office of Supplier Diversity,

21  the Governor, the President of the Senate, and the Speaker of

22  the House of Representatives. Each agency shall be responsible

23  for the accuracy of information entered into the Florida

24  Accounting Information Resource Subsystem for use in this

25  reporting.

26         Section 39.  Section 17.12, Florida Statutes, is

27  amended to read:

28         17.12  Authorized to issue warrants to tax collector or

29  sheriff for payment.--Whenever it shall appear to the

30  satisfaction of the Chief Financial Officer Comptroller of

31  this state from examination of the books of his or her office

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  1  that the tax collector or the sheriff for any county in this

  2  state has paid into the State Treasury, through mistake or

  3  otherwise, a larger or greater sum than is actually due from

  4  such said collector or sheriff, then the Chief Financial

  5  Officer Comptroller may issue a warrant to such said collector

  6  or sheriff for the sum so found to be overpaid.

  7         Section 40.  Section 17.13, Florida Statutes, is

  8  amended to read:

  9         17.13  To duplicate warrants lost or destroyed.--

10         (1)  The Chief Financial Officer Comptroller is

11  required to duplicate any Chief Financial Officer's

12  Comptroller's warrants that may have been lost or destroyed,

13  or may hereafter be lost or destroyed, upon the owner thereof

14  or the owner's agent or attorney presenting the Chief

15  Financial Officer Comptroller the statement, under oath,

16  reciting the number, date, and amount of any warrant or the

17  best and most definite description in his or her knowledge and

18  the circumstances of its loss; if the Chief Financial Officer

19  Comptroller deems it necessary, the owner or the owner's agent

20  or attorney shall file in the office of the Chief Financial

21  Officer Comptroller a surety bond, or a bond with securities,

22  to be approved by one of the judges of the circuit court or

23  one of the justices of the Supreme Court, in a penalty of not

24  less than twice the amount of any warrants so duplicated,

25  conditioned to indemnify the state and any innocent holders

26  thereof from any damages that may accrue from such

27  duplication.

28         (2)  The Chief Financial Officer Comptroller is

29  required to duplicate any Chief Financial Officer's

30  Comptroller's warrant that may have been lost or destroyed, or

31  may hereafter be lost or destroyed, when sent to any payee via

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  1  any state agency when such warrant is lost or destroyed prior

  2  to being received by the payee and provided the director of

  3  the state agency to whom the warrant was sent presents to the

  4  Chief Financial Officer Comptroller a statement, under oath,

  5  reciting the number, date, and amount of the warrant lost or

  6  destroyed, the circumstances surrounding the loss or

  7  destruction of such warrant, and any additional information

  8  that the Chief Financial Officer Comptroller shall request in

  9  regard to such warrant.

10         (3)  Any duplicate Chief Financial Officer's

11  Comptroller's warrant issued in pursuance of the above

12  provisions shall be of the same validity as the original was

13  before its loss.

14         Section 41.  Section 17.14, Florida Statutes, is

15  amended to read:

16         17.14  To prescribe forms.--The Chief Financial Officer

17  Department of Banking and Finance may prescribe the forms of

18  all papers, vouchers, reports and returns and the manner of

19  keeping the accounts and papers to be used by the officers of

20  this state or other persons having accounts, claims, or

21  demands against the state or entrusted with the collection of

22  any of the revenue thereof or any demand due the same, which

23  form shall be pursued by such officer or other persons.

24         Section 42.  Section 17.16, Florida Statutes, is

25  amended to read:

26         17.16  Seal.--The seal of office of the Chief Financial

27  Officer Comptroller of the state shall have a be the same as

28  the seal heretofore used for that purpose.

29         Section 43.  Section 17.17, Florida Statutes, is

30  amended to read:

31

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  1         17.17  Examination by Governor and report.--The office

  2  of Chief Financial Officer Comptroller of the state, and the

  3  books, files, documents, records, and papers shall always be

  4  subject to the examination of the Governor of this state, or

  5  any person the Governor may authorize to examine the same; and

  6  on the first day of January of each and every year, or oftener

  7  if called for by the Governor, the Chief Financial Officer

  8  Comptroller shall make a full report of all his or her

  9  official acts and proceedings for the last fiscal year to the

10  Governor, to be laid before the Legislature with the

11  Governor's message, and shall make such further report as the

12  constitution may require.

13         Section 44.  Subsection (1) of section 17.20, Florida

14  Statutes, is amended to read:

15         17.20  Assignment of claims for collection.--

16         (1)  The Department of Financial Services Banking and

17  Finance shall charge the state attorneys with the collection

18  of all claims that are placed in their hands for collection of

19  money or property for the state or any county or special

20  district, or that it otherwise requires them to collect.  The

21  charges are evidence of indebtedness of a state attorney

22  against whom any charge is made for the full amount of the

23  claim, until the charges have been collected and paid into the

24  treasury of the state or of the county or special district or

25  the legal remedies of the state have been exhausted, or until

26  the state attorney demonstrates to the department that the

27  failure to collect the charges is not due to negligence and

28  the department has made a proper entry of satisfaction of the

29  charge against the state attorney.

30         Section 45.  Section 17.21, Florida Statutes, is

31  amended to read:

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  1         17.21  Not to allow any claim of state attorney against

  2  state until report made.--The Chief Financial Officer

  3  Comptroller shall not audit or allow any claim which any state

  4  attorney may have against the state for services who shall

  5  fail to make any report which by law the state attorney is

  6  required to make to the Chief Financial Officer Comptroller of

  7  claims of the state which it is his or her duty to collect.

  8         Section 46.  Section 17.22, Florida Statutes, is

  9  amended to read:

10         17.22  Notice to Department of Legal Affairs.--Whenever

11  the Department of Financial Services Banking and Finance

12  forwards any bond or account or claim for suit to any state

13  attorney, it shall advise the Department of Legal Affairs of

14  the fact, giving it the amount of the claim and other

15  necessary particulars for its full information upon the

16  subject.

17         Section 47.  Section 17.25, Florida Statutes, is

18  amended to read:

19         17.25  May certify copies.--The Chief Financial Officer

20  Comptroller of this state may certify, under his or her seal

21  of office, copies of any record, paper, or document, by law

22  placed in the Chief Financial Officer's Comptroller's custody,

23  keeping, and care; and such certified copy shall have the same

24  force and effect as evidence as the original would have.

25         Section 48.  Subsections (1) and (3) of section 17.26,

26  Florida Statutes, are amended to read:

27         17.26  Cancellation of state warrants not presented

28  within 1 year.--

29         (1)  If any state warrant issued by the Comptroller or

30  the Chief Financial Officer against any fund in the State

31  Treasury is not presented for payment within 1 year after the

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  1  last day of the month in which it was originally issued, the

  2  Chief Financial Officer Comptroller may cancel the warrant and

  3  credit the amount of the warrant to the fund upon which it is

  4  drawn.  If the warrant so canceled was issued against a fund

  5  that is no longer operative, the amount of the warrant shall

  6  be credited to the General Revenue Fund. The Chief Financial

  7  Officer Treasurer shall not honor any state warrant after it

  8  has been canceled.

  9         (3)  When a warrant canceled under subsection (1)

10  represents funds that are in whole or in part derived from

11  federal contributions and disposition of the funds under

12  chapter 717 would cause a loss of the federal contributions,

13  the Governor shall certify to the Chief Financial Officer

14  Comptroller that funds represented by such warrants are for

15  that reason exempt from treatment as unclaimed property.

16  Obligations represented by warrants are unenforceable after 1

17  year from the last day of the month in which the warrant was

18  originally issued.  An action may not be commenced thereafter

19  on the obligation unless authorized by the federal program

20  from which the original warrant was funded and unless payment

21  of the obligation is authorized to be made from the current

22  federal funding.  When a payee or person entitled to a warrant

23  subject to this paragraph requests payment, and payment from

24  current federal funding is authorized by the federal program

25  from which the original warrant was funded, the Chief

26  Financial Officer Comptroller may, upon investigation, issue a

27  new warrant to be paid out of the proper fund in the State

28  Treasury, provided the payee or other person executes under

29  oath the statement required by s. 17.13 or surrenders the

30  canceled warrant.

31

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  1         Section 49.  Subsections (1), (2), and (3) of section

  2  17.27, Florida Statutes, are amended to read:

  3         17.27  Microfilming and destroying records and

  4  correspondence.--

  5         (1)  The Department of Financial Services Banking and

  6  Finance may destroy general correspondence files and also any

  7  other records which the department may deem no longer

  8  necessary to preserve in accordance with retention schedules

  9  and destruction notices established under rules of the

10  Division of Library and Information Services, records and

11  information management program, of the Department of State.

12  Such schedules and notices relating to financial records of

13  the department shall be subject to the approval of the Auditor

14  General.

15         (2)  The Department of Financial Services Banking and

16  Finance may photograph, microphotograph, or reproduce on film

17  such documents and records as it may select, in such manner

18  that each page will be exposed in exact conformity with the

19  original.

20         (3)  The Department of Financial Services Banking and

21  Finance may destroy any of such said documents after they have

22  been photographed and filed in accordance with the provisions

23  of subsection (1).

24         Section 50.  Section 17.28, Florida Statutes, is

25  amended to read:

26         17.28  Chief Financial Officer Comptroller may

27  authorize biweekly salary payments.--The Chief Financial

28  Officer Comptroller is authorized and may permit biweekly

29  salary payments to personnel upon written request by a

30  specific state agency. The Chief Financial Officer Comptroller

31

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  1  shall adopt promulgate reasonable rules and regulations to

  2  carry out the intent of this section.

  3         Section 51.  Section 17.29, Florida Statutes, is

  4  amended to read:

  5         17.29  Authority to prescribe rules.--The Chief

  6  Financial Officer may Comptroller has authority to adopt rules

  7  pursuant to ss. 120.54 and 120.536(1) to implement ss.

  8  17.51-17.66 and duties assigned by statute or the State

  9  Constitution. Such rules may include, but are not limited to,

10  the following:

11         (1)  Procedures or policies relating to the processing

12  of payments from salaries, other personal services, or any

13  other applicable appropriation.

14         (2)  Procedures for processing interagency and

15  intraagency payments which do not require the issuance of a

16  state warrant.

17         Section 52.  Section 17.30, Florida Statutes, is

18  amended to read:

19         17.30  Dissemination of information.--The Chief

20  Financial Officer Comptroller may disseminate, in any form or

21  manner he or she considers appropriate, information regarding

22  the Chief Financial Officer's Comptroller's official duties.

23         Section 53.  Section 17.32, Florida Statutes, is

24  amended to read:

25         17.32  Annual report of trust funds; duties of Chief

26  Financial Officer Comptroller.--

27         (1)  On February 1 of each year, the Chief Financial

28  Officer Comptroller shall present to the President of the

29  Senate and the Speaker of the House of Representatives a

30  report listing all trust funds as defined in s. 215.32.  The

31

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  1  report shall contain the following data elements for each fund

  2  for the preceding fiscal year:

  3         (a)  The fund code.

  4         (b)  The title.

  5         (c)  The fund type according to generally accepted

  6  accounting principles.

  7         (d)  The statutory authority.

  8         (e)  The beginning cash balance.

  9         (f)  Direct revenues.

10         (g)  Nonoperating revenues.

11         (h)  Operating disbursements.

12         (i)  Nonoperating disbursements.

13         (j)  The ending cash balance.

14         (k)  The department and budget entity in which the fund

15  is located.

16         (2)  The report shall separately list all funds that

17  received no revenues other than interest earnings or transfers

18  from the General Revenue Fund or from other trust funds during

19  the preceding fiscal year.

20         (3)  The report shall separately list all funds that

21  had unencumbered balances in excess of $2 million in each of

22  the 2 preceding fiscal years.

23         Section 54.  Section 17.325, Florida Statutes, is

24  amended to read:

25         17.325  Governmental efficiency hotline; duties of

26  Chief Financial Officer Comptroller.--

27         (1)  By September 1, 1992, The Chief Financial Officer

28  Comptroller shall establish and operate a statewide toll-free

29  telephone hotline to receive information or suggestions from

30  the citizens of this state on how to improve the operation of

31  government, increase governmental efficiency, and eliminate

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  1  waste in government. The Chief Financial Officer Comptroller

  2  shall report each month to the Appropriations Committee of the

  3  House of Representatives and of the Senate the information or

  4  suggestions received through the hotline and the evaluations

  5  and determinations made by the affected agency, as provided in

  6  subsection (3), with respect to such information or

  7  suggestions.

  8         (2)  The Chief Financial Officer Comptroller shall

  9  operate the hotline 24 hours a day. The Chief Financial

10  Officer Comptroller shall advertise the availability of the

11  hotline in newspapers of general circulation in this state and

12  shall provide for the posting of notices in conspicuous places

13  in state agency offices, city halls, county courthouses, and

14  places in which there is exposure to significant numbers of

15  the general public, including, but not limited to, local

16  convenience stores, shopping malls, shopping centers, gasoline

17  stations, or restaurants. The Chief Financial Officer

18  Comptroller shall use the slogan "Tell us where we can 'Get

19  Lean'" for the hotline and in advertisements for the hotline.

20         (3)  Each telephone call on the hotline shall be

21  received by the office of the Chief Financial Officer

22  Comptroller, and the office of the Chief Financial Officer

23  Comptroller shall conduct an evaluation to determine if it is

24  appropriate for the telephone call to be processed as a "Get

25  Lean" telephone call. If it is determined that the telephone

26  call should be processed as a "Get Lean" telephone call, a

27  record of each suggestion or item of information received

28  shall be entered into a log kept by the Chief Financial

29  Officer Comptroller. A caller on the hotline may remain

30  anonymous, and, if the caller provides his or her name, the

31  name shall be confidential.  If a caller discloses that he or

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  1  she is a state employee, the Chief Financial Officer

  2  Comptroller, in addition to maintaining a record as required

  3  by this section, may refer any information or suggestion from

  4  the caller to an existing state awards program administered by

  5  the affected agency.  The affected agency shall conduct a

  6  preliminary evaluation of the efficacy of any suggestion or

  7  item of information received through the hotline and shall

  8  provide the Chief Financial Officer Comptroller with a

  9  preliminary determination of the amount of revenues the state

10  might save by implementing the suggestion or making use of the

11  information.

12         (4)  Any person who provides any information through

13  the hotline shall be immune from liability for any use of such

14  information and shall not be subject to any retaliation by any

15  employee of the state for providing such information or making

16  such suggestion.

17         (5)  The Chief Financial Officer Comptroller shall

18  adopt any rule necessary to implement the establishment,

19  operation, and advertisement of the hotline.

20         Section 55.  Section 17.41, Florida Statutes, is

21  amended to read:

22         17.41  Department of Financial Services Banking and

23  Finance Tobacco Settlement Clearing Trust Fund.--

24         (1)  The Department of Financial Services Banking and

25  Finance Tobacco Settlement Clearing Trust Fund is created

26  within that department.

27         (2)  Funds to be credited to the Tobacco Settlement

28  Clearing Trust Fund shall consist of payments received by the

29  state from settlement of State of Florida v. American Tobacco

30  Co., No. 95-1466AH (Fla. 15th Cir. Ct. 1996). Moneys received

31

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  1  from the settlement and deposited into the trust fund are

  2  exempt from the service charges imposed under s. 215.20.

  3         (3)(a)  Subject to approval of the Legislature, all or

  4  any portion of the state's right, title, and interest in and

  5  to the tobacco settlement agreement may be sold to the Tobacco

  6  Settlement Financing Corporation created pursuant to s.

  7  215.56005.  Any such sale shall be a true sale and not a

  8  borrowing.

  9         (b)  Any moneys received by the state pursuant to any

10  residual interest retained in the tobacco settlement agreement

11  or the payments to be made under the tobacco settlement

12  agreement shall be deposited into the Tobacco Settlement

13  Clearing Trust Fund.

14         (4)  Net proceeds of the sale of the tobacco settlement

15  agreement received by the state shall be immediately deposited

16  into the Lawton Chiles Endowment Fund, created in s. 215.5601,

17  without deposit to the Tobacco Settlement Clearing Trust Fund.

18         (5)  The department shall disburse funds, by

19  nonoperating transfer, from the Tobacco Settlement Clearing

20  Trust Fund to the tobacco settlement trust funds of the

21  various agencies in amounts equal to the annual appropriations

22  made from those agencies' trust funds in the General

23  Appropriations Act.

24         (6)  Pursuant to the provisions of s. 19(f)(3), Art.

25  III of the State Constitution, the Tobacco Settlement Clearing

26  Trust Fund is exempt from the termination provisions of s.

27  19(f)(2), Art. III of the State Constitution.

28         Section 56.  Section 17.43, Florida Statutes, is

29  amended to read:

30         17.43  Chief Financial Officer's Comptroller's Federal

31  Equitable Sharing Trust Fund.--

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  1         (1)  The Chief Financial Officer's Comptroller's

  2  Federal Equitable Sharing Trust Fund is created within the

  3  Department of Financial Services Banking and Finance. The

  4  department may deposit into the trust fund receipts and

  5  revenues received as a result of federal criminal,

  6  administrative, or civil forfeiture proceedings and receipts

  7  and revenues received from federal asset-sharing programs. The

  8  trust fund is exempt from the service charges imposed by s.

  9  215.20.

10         (2)  Notwithstanding the provisions of s. 216.301 and

11  pursuant to s. 216.351, any balance in the trust fund at the

12  end of any fiscal year shall remain in the trust fund at the

13  end of the year and shall be available for carrying out the

14  purposes of the trust fund.

15         Section 57.  Section 18.01, Florida Statutes, is

16  transferred, renumbered as section 17.51, Florida Statutes,

17  and amended to read:

18         17.51 18.01  Oath and certificate of Chief Financial

19  Officer Treasurer.--The Chief Financial Officer Treasurer

20  shall, within 10 days before he or she enters upon the duties

21  of office, take and subscribe an oath or affirmation

22  faithfully to discharge the duties of office, which oath or

23  affirmation must be deposited with the Department of State.

24  The Chief Financial Officer Treasurer shall also file with the

25  Department of State a certificate from the Comptroller

26  attesting that the retiring Treasurer or Chief Financial

27  Officer has turned over vouchers for all payments made as

28  required by law, and that the Chief Financial Officer's

29  Treasurer's account has been truly credited with the same, and

30  that he or she has filed receipts from his or her successor

31  for all vouchers paid since the end of last quarter, and for

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  1  balance of cash, and for all bonds and other securities held

  2  by the Treasurer or Chief Financial Officer as such, and a

  3  certificate from each board of which he or she is made by law

  4  ex officio treasurer, that he or she has satisfactorily

  5  accounted to such board as its treasurer.

  6         Section 58.  Section 18.02, Florida Statutes, is

  7  transferred, renumbered as section 17.52, Florida Statutes,

  8  and amended to read:

  9         17.52 18.02  Moneys paid on warrants.--The Chief

10  Financial Officer Treasurer shall pay all warrants on the

11  treasury drawn by the Comptroller and other orders by the

12  Comptroller for the disbursement of state funds by electronic

13  means or by means of a magnetic tape or any other transfer

14  medium which were drawn or otherwise issued before January 7,

15  2003. No moneys shall be paid out of the treasury except on

16  such warrants or other orders of the Comptroller or Chief

17  Financial Officer.

18         Section 59.  Section 18.021, Florida Statutes, is

19  transferred, renumbered as section 17.53, Florida Statutes,

20  and amended to read:

21         17.53 18.021  Chief Financial Officer Treasurer to

22  operate personal check-cashing service.--

23         (1)  The Chief Financial Officer Treasurer is

24  authorized to operate a personal check-cashing service or a

25  remote financial service unit at the capitol for the benefit

26  of state employees or other responsible persons who properly

27  identify themselves.

28         (2)  If a personal check is dishonored or a state

29  warrant is forged and the Chief Financial Officer Treasurer

30  has made diligent but unsuccessful effort to collect and has

31  forwarded the returned check for prosecution by the

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  1  appropriate state attorney, then he or she may include such

  2  amount in his or her budget request to be considered during

  3  the next legislative session.

  4         Section 60.  Section 18.05, Florida Statutes, is

  5  transferred, renumbered as section 17.54, Florida Statutes,

  6  and amended to read:

  7         17.54 18.05  Annual report to Governor.--The Chief

  8  Financial Officer Treasurer shall make a report in detail to

  9  the Governor, with a copy to the President of the Senate and

10  the Speaker of the House of Representatives as soon after the

11  1st day of July of each year as it is practicable to prepare

12  same of the transactions of his or her office for the

13  preceding fiscal year, embracing a statement of the receipts

14  and payments on account of each of the several funds of which

15  he or she has the care and custody.

16         Section 61.  Section 18.06, Florida Statutes, is

17  transferred, renumbered as section 17.55, Florida Statutes,

18  and amended to read:

19         17.55 18.06  Examination by and monthly statements to

20  the Governor.--The office of the Chief Financial Officer

21  Treasurer of this state, and the books, files, documents,

22  records, and papers thereof, shall always be subject to the

23  examination of the Governor of the state, or any person he or

24  she may authorize to examine same. The Chief Financial Officer

25  Treasurer shall exhibit to the Governor monthly a trial

26  balance sheet from his or her books and a statement of all the

27  credits, moneys, or effects on hand on the day for which such

28  said trial balance sheet is made, and such said statement

29  accompanying such said trial balance sheet shall particularly

30  describe the exact character of funds, credits, and

31  securities, and shall state in detail the amount which he or

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  1  she may have representing cash, including any not yet entered

  2  upon the books of his or her office, and such statement shall

  3  be certified and signed by the Chief Financial Officer

  4  Treasurer officially.

  5         Section 62.  Section 18.10, Florida Statutes, is

  6  transferred, renumbered as section 17.57, Florida Statutes,

  7  and amended to read:

  8         17.57 18.10  Deposits and investments of state money.--

  9         (1)  The Chief Financial Officer Treasurer, or other

10  parties with the permission of the Chief Financial Officer

11  Treasurer, shall deposit the money of the state or any money

12  in the State Treasury in such qualified public depositories of

13  the state as will offer satisfactory collateral security for

14  such deposits, pursuant to chapter 280. It is the duty of the

15  Chief Financial Officer Treasurer, consistent with the cash

16  requirements of the state, to keep such money fully invested

17  or deposited as provided herein in order that the state may

18  realize maximum earnings and benefits.

19         (2)  The Chief Financial Officer Treasurer shall make

20  funds available to meet the disbursement needs of the state.

21  Funds that which are not needed for this purpose shall be

22  placed in qualified public depositories that will pay rates

23  established by the Chief Financial Officer Treasurer at levels

24  not less than the prevailing rate for United States Treasury

25  securities with a corresponding maturity. In the event money

26  is available for interest-bearing time deposits or savings

27  accounts as provided herein and qualified public depositories

28  are unwilling to accept such money and pay thereon the rates

29  established above, then such money which qualified public

30  depositories are unwilling to accept shall be invested in:

31         (a)  Direct United States Treasury obligations.

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  1         (b)  Obligations of the Federal Farm Credit Banks.

  2         (c)  Obligations of the Federal Home Loan Bank and its

  3  district banks.

  4         (d)  Obligations of the Federal Home Loan Mortgage

  5  Corporation, including participation certificates.

  6         (e)  Obligations guaranteed by the Government National

  7  Mortgage Association.

  8         (f)  Obligations of the Federal National Mortgage

  9  Association.

10         (g)  Commercial paper of prime quality of the highest

11  letter and numerical rating as provided for by at least one

12  nationally recognized rating service.

13         (h)  Time drafts or bills of exchange drawn on and

14  accepted by a commercial bank, otherwise known as "bankers

15  acceptances," which are accepted by a member bank of the

16  Federal Reserve System having total deposits of not less than

17  $400 million or which are accepted by a commercial bank which

18  is not a member of the Federal Reserve System with deposits of

19  not less than $400 million and which is licensed by a state

20  government or the Federal Government, and whose senior debt

21  issues are rated in one of the two highest rating categories

22  by a nationally recognized rating service and which are held

23  in custody by a domestic bank which is a member of the Federal

24  Reserve System.

25         (i)  Corporate obligations or corporate master notes of

26  any corporation within the United States, if the long-term

27  obligations of such corporation are rated by at least two

28  nationally recognized rating services in any one of the four

29  highest classifications. However, if such obligations are

30  rated by only one nationally recognized rating service, then

31

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  1  the obligations shall be rated in any one of the two highest

  2  classifications.

  3         (j)  Obligations of the Student Loan Marketing

  4  Association.

  5         (k)  Obligations of the Resolution Funding Corporation.

  6         (l)  Asset-backed or mortgage-backed securities of the

  7  highest credit quality.

  8         (m)  Any obligations not previously listed which are

  9  guaranteed as to principal and interest by the full faith and

10  credit of the United States Government or are obligations of

11  United States agencies or instrumentalities which are rated in

12  the highest category by a nationally recognized rating

13  service.

14         (n)  Commingled no-load investment funds or no-load

15  mutual funds in which all securities held by the funds are

16  authorized in this subsection.

17         (o)  Money market mutual funds as defined and regulated

18  by the Securities and Exchange Commission.

19         (p)  Obligations of state and local governments rated

20  in any of the four highest classifications by at least two

21  nationally recognized rating services. However, if such

22  obligations are rated by only one nationally recognized rating

23  service, then the obligations shall be rated in any one of the

24  two highest classifications.

25         (q)  Derivatives of investment instruments authorized

26  in paragraphs (a)-(m).

27         (r)  Covered put and call options on investment

28  instruments authorized in this subsection for the purpose of

29  hedging transactions by investment managers to mitigate risk

30  or to facilitate portfolio management.

31

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  1         (s)  Negotiable certificates of deposit issued by

  2  financial institutions whose long-term debt is rated in one of

  3  the three highest categories by at least two nationally

  4  recognized rating services, the investment in which shall not

  5  be prohibited by any provision of chapter 280.

  6         (t)  Foreign bonds denominated in United States dollars

  7  and registered with the Securities and Exchange Commission for

  8  sale in the United States, if the long-term obligations of

  9  such issuers are rated by at least two nationally recognized

10  rating services in any one of the four highest

11  classifications. However, if such obligations are rated by

12  only one nationally recognized rating service, the obligations

13  shall be rated in any one of the two highest classifications.

14         (u)  Convertible debt obligations of any corporation

15  domiciled within the United States, if the convertible debt

16  issue is rated by at least two nationally recognized rating

17  services in any one of the four highest classifications.

18  However, if such obligations are rated by only one nationally

19  recognized rating service, then the obligations shall be rated

20  in any one of the two highest classifications.

21         (v)  Securities not otherwise described in this

22  subsection. However, not more than 3 percent of the funds

23  under the control of the Chief Financial Officer Treasurer

24  shall be invested in securities described in this paragraph.

25

26  These investments may be in varying maturities and may be in

27  book-entry form. Investments made pursuant to this subsection

28  may be under repurchase agreement. The Chief Financial Officer

29  may Treasurer is authorized to hire registered investment

30  advisers and other consultants to assist in investment

31  management and to pay fees directly from investment earnings.

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  1  Investment securities, proprietary investment services related

  2  to contracts, performance evaluation services,

  3  investment-related equipment or software used directly to

  4  assist investment trading or investment accounting operations

  5  including bond calculators, telerates, Bloombergs, special

  6  program calculators, intercom systems, and software used in

  7  accounting, communications, and trading, and advisory and

  8  consulting contracts made under this section are exempt from

  9  the provisions of chapter 287.

10         (3)  In the event the financial institutions in the

11  state do not make sufficient loan funds available for a

12  residential conservation program pursuant to any plan approved

13  by the Florida Public Service Commission under the Florida

14  Energy Efficiency and Conservation Act, the board may

15  authorize the investment of state funds, except retirement

16  trust funds, in such a loan program at rates not less than

17  prevailing United States Treasury bill rates. However, prior

18  to investment of such funds, the Florida Public Service

19  Commission shall develop a plan which must be approved by the

20  Legislature before implementation.

21         (4)  All earnings on any investments made pursuant to

22  this section shall be credited to the General Revenue Fund,

23  except that earnings attributable to moneys made available

24  pursuant to s. 17.61(3) s. 18.125(3) shall be credited pro

25  rata to the funds from which such moneys were made available.

26         (5)  The fact that a municipal officer or a state

27  officer, including an officer of any municipal or state

28  agency, board, bureau, commission, institution, or department,

29  is a stockholder or an officer or director of a bank or

30  savings and loan association will not bar such bank or savings

31  and loan association from being a depository of funds coming

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  1  under the jurisdiction of any such municipal officer or state

  2  officer if it shall appear in the records of the municipal or

  3  state office that the governing body of such municipality or

  4  state agency has investigated and determined that such

  5  municipal or state officer is not favoring such banks or

  6  savings and loan associations over other qualified banks or

  7  savings and loan associations.

  8         (6)  The Chief Financial Officer Treasurer is

  9  designated the cash management officer for the state and is

10  charged with the coordination and supervision of procedures

11  providing for the efficient handling of financial assets under

12  the control of the State Treasury and each of the various

13  state agencies, and of the judicial branch, as defined in s.

14  216.011. This responsibility shall include the supervision and

15  approval of all banking relationships.  Pursuant to this

16  responsibility, the Chief Financial Officer may Treasurer is

17  authorized to obtain information from financial institutions

18  regarding depository accounts maintained by any agency or

19  institution of the State of Florida.

20         Section 63.  Section 18.101, Florida Statutes, is

21  transferred, renumbered as section 17.58, Florida Statutes,

22  and amended to read:

23         17.58 18.101  Deposits of public money outside the

24  State Treasury; revolving funds.--

25         (1)  All moneys collected by state agencies, boards,

26  bureaus, commissions, institutions, and departments shall,

27  except as otherwise provided by law, be deposited in the State

28  Treasury. However, when the volume and complexity of

29  collections so justify, the Chief Financial Officer Treasurer

30  may give written approval for such moneys to be deposited in

31  clearing accounts outside the State Treasury in qualified

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  1  public depositories pursuant to chapter 280. Such deposits

  2  shall only be made in depositories designated by the Chief

  3  Financial Officer Treasurer. No money may be maintained in

  4  such clearing accounts for a period longer than approved by

  5  the Chief Financial Officer Treasurer or 40 days, whichever is

  6  shorter, prior to its being transmitted to the Chief Financial

  7  Officer Treasurer or to an account designated by him or her,

  8  distributed to a statutorily authorized account outside the

  9  State Treasury, refunded, or transmitted to the Department of

10  Revenue. All depositories so designated shall pledge

11  sufficient collateral to be security for such funds as

12  provided in chapter 280.

13         (2)  Revolving funds authorized by the Chief Financial

14  Officer Comptroller for all state agencies, boards, bureaus,

15  commissions, institutions, and departments may be deposited by

16  such agencies, boards, bureaus, commissions, institutions, and

17  departments in qualified public depositories designated by the

18  Chief Financial Officer Treasurer for such revolving fund

19  deposits; and the depositories in which such deposits are made

20  shall pledge collateral security as provided in chapter 280.

21         (3)  Notwithstanding the foregoing provisions, clearing

22  and revolving accounts may be established outside the state

23  when necessary to facilitate the authorized operations of any

24  agency, board, bureau, commission, institution, or department.

25  Any of such accounts established in the United States shall be

26  subject to the collateral security requirements of chapter

27  280. Accounts established outside the United States may be

28  exempted from the requirements of chapter 280 as provided in

29  chapter 280; but before any unsecured account is established,

30  the agency requesting or maintaining the account shall

31  recommend a financial institution to the Chief Financial

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  1  Officer Treasurer for designation to hold the account and

  2  shall submit evidence of the financial condition, size,

  3  reputation, and relative prominence of the institution from

  4  which the Chief Financial Officer Treasurer can reasonably

  5  conclude that the institution is financially sound before

  6  designating it to hold the account.

  7         (4)  Each department shall furnish a statement to the

  8  Chief Financial Officer Treasurer, on or before the 20th of

  9  the month following the end of each calendar quarter, listing

10  each clearing account and revolving fund within that

11  department's jurisdiction. Such statement shall report, as of

12  the last day of the calendar quarter, the cash balance in each

13  revolving fund and that portion of the cash balance in each

14  clearing account that will eventually be deposited to the

15  State Treasury as provided by law. The Chief Financial Officer

16  Treasurer shall show the sum total of state funds in clearing

17  accounts and revolving funds, as most recently reported to the

18  Chief Financial Officer Treasurer by various departments, in

19  his or her monthly statement to the Governor, pursuant to s.

20  17.55 s. 18.06.

21         Section 64.  Section 18.103, Florida Statutes, is

22  transferred, renumbered as section 17.59, Florida Statutes,

23  and amended to read:

24         17.59 18.103  Safekeeping services of Treasurer.--

25         (1)  The Chief Financial Officer Treasurer may accept

26  for safekeeping purposes, deposits of cash, securities, and

27  other documents or articles of value from any state agency as

28  defined in s. 216.011, or any county, city, or political

29  subdivision thereof, or other public authority.

30         (2)  The Chief Financial Officer Treasurer may, in his

31  or her discretion, establish a fee for processing, servicing,

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  1  and safekeeping deposits and other documents or articles of

  2  value held in the Chief Financial Officer's Treasurer's vaults

  3  as requested by the various entities or as provided for by

  4  law.  Such fee shall be equivalent to the fee charged by

  5  financial institutions for processing, servicing, and

  6  safekeeping the same types of deposits and other documents or

  7  articles of value.

  8         (3)  The Chief Financial Officer Treasurer shall

  9  collect in advance, and persons so served shall pay to the

10  Chief Financial Officer Treasurer in advance, the

11  miscellaneous charges as follows:

12         (a)  For copies of documents or records on file with

13  the Chief Financial Officer Treasurer, per page..........$.50.

14         (b)  For each certificate of the Chief Financial

15  Officer Treasurer, certified or under the Chief Financial

16  Officer's Treasurer's seal, authenticating any document or

17  other instrument........................................$5.00.

18         (4)  All fees collected for the services described in

19  this section shall be deposited in the Chief Financial

20  Officer's Treasurer's Administrative and Investment Trust

21  Fund.

22         Section 65.  Section 18.104, Florida Statutes, is

23  transferred, renumbered as section 17.60, Florida Statutes,

24  and amended to read:

25         17.60 18.104  Treasury Cash Deposit Trust Fund.--

26         (1)  There is hereby created in the State Treasury the

27  Treasury Cash Deposit Trust Fund.  Cash deposits made pursuant

28  to s. 17.59 s. 18.103 shall be deposited into this fund.

29         (2)  Interest earned on cash deposited into this fund

30  shall be prorated and paid to the depositing entities.

31

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  1         Section 66.  Section 18.125, Florida Statutes, is

  2  transferred, renumbered as section 17.61, Florida Statutes,

  3  and amended to read:

  4         17.61 18.125  Chief Financial Officer Treasurer; powers

  5  and duties in the investment of certain funds.--

  6         (1)  The Chief Financial Officer Treasurer, acting with

  7  the approval of a majority of the State Board of

  8  Administration, shall invest all general revenue funds and all

  9  the trust funds and all agency funds of each state agency, and

10  of the judicial branch, as defined in s. 216.011, and may,

11  upon request, invest funds of any statutorily created board,

12  association, or entity, except for the funds required to be

13  invested pursuant to ss. 215.44-215.53, by the procedure and

14  in the authorized securities prescribed in s. 17.57 s. 18.10;

15  for this purpose, the Chief Financial Officer may Treasurer

16  shall be authorized to open and maintain one or more demand

17  and safekeeping accounts in any bank or savings association

18  for the investment and reinvestment and the purchase, sale,

19  and exchange of funds and securities in the accounts.  Funds

20  in such accounts used solely for investments and reinvestments

21  shall be considered investment funds and not funds on deposit,

22  and such funds shall be exempt from the provisions of chapter

23  280.  In addition, the securities or investments purchased or

24  held under the provisions of this section and s. 17.57 s.

25  18.10 may be loaned to securities dealers and banks and may be

26  registered by the Chief Financial Officer Treasurer in the

27  name of a third-party nominee in order to facilitate such

28  loans, provided the loan is collateralized by cash or United

29  States government securities having a market value of at least

30  100 percent of the market value of the securities loaned. The

31  Chief Financial Officer Treasurer shall keep a separate

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  1  account, designated by name and number, of each fund.

  2  Individual transactions and totals of all investments, or the

  3  share belonging to each fund, shall be recorded in the

  4  accounts.

  5         (2)  By and with the consent and approval of any

  6  constitutional board, the judicial branch, or agency now

  7  having the constitutional power to make investments and in

  8  accordance with this section, the Chief Financial Officer may

  9  Treasurer shall have the power to make purchases, sales,

10  exchanges, investments, and reinvestments for and on behalf of

11  any such board.

12         (3)(a)  It is the duty of each state agency, and of the

13  judicial branch, now or hereafter charged with the

14  administration of the funds referred to in subsection (1) to

15  make such moneys available for investment as fully as is

16  consistent with the cash requirements of the particular fund

17  and to authorize investment of such moneys by the Chief

18  Financial Officer Treasurer.

19         (b)  Monthly, and more often as circumstances require,

20  such agency or judicial branch shall notify the Chief

21  Financial Officer Treasurer of the amount available for

22  investment; and the moneys shall be invested by the Chief

23  Financial Officer Treasurer.  Such notification shall include

24  the name and number of the fund for which the investments are

25  to be made and the life of the investment if the principal sum

26  is to be required for meeting obligations.  This subsection,

27  however, shall not be construed to make available for

28  investment any funds other than those referred to in

29  subsection (1).

30

31

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  1         (4)(a)  There is hereby created in the State Treasury

  2  the Chief Financial Officer's Treasurer's Administrative and

  3  Investment Trust Fund.

  4         (b)  The Chief Financial Officer Treasurer shall make

  5  an annual assessment of 0.12 percent against the average daily

  6  balance of those moneys made available pursuant to this

  7  section and 0.2 percent against the average daily balance of

  8  those funds requiring investment in a separate account. The

  9  proceeds of this assessment shall be deposited in the Chief

10  Financial Officer's Treasurer's Administrative and Investment

11  Trust Fund.

12         (c)  The moneys so received and deposited in the fund

13  shall be used by the Chief Financial Officer Treasurer to

14  defray the expense of his or her office in the discharge of

15  the administrative and investment powers and duties prescribed

16  by this section and this chapter, including the maintaining of

17  an office and necessary supplies therefor, essential equipment

18  and other materials, salaries and expenses of required

19  personnel, and all other legitimate expenses relating to the

20  administrative and investment powers and duties imposed upon

21  and charged to the Chief Financial Officer Treasurer under

22  this section and this chapter. The unencumbered balance in the

23  trust fund at the close of each quarter shall not exceed

24  $750,000. Any funds in excess of this amount shall be

25  transferred unallocated to the General Revenue Fund. However,

26  fees received from deferred compensation participants pursuant

27  to s. 112.215 shall not be transferred to the General Revenue

28  Fund and shall be used to operate the deferred compensation

29  program.

30         (5)  The transfer of the powers, duties, and

31  responsibilities of existing state agencies and of the

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  1  judicial branch made by this section to the Chief Financial

  2  Officer Treasurer shall include only the particular powers,

  3  duties, and responsibilities hereby transferred, and all other

  4  existing powers shall in no way be affected by this section.

  5         Section 67.  Section 18.15, Florida Statutes, is

  6  transferred, renumbered as section 17.62, Florida Statutes,

  7  and amended to read:

  8         17.62 18.15  Interest on state moneys deposited; when

  9  paid.--Interest on state moneys deposited in qualified public

10  depositories under s. 17.57 s. 18.10 shall be payable to the

11  Chief Financial Officer Treasurer quarterly or semiannually.

12         Section 68.  Section 18.17, Florida Statutes, is

13  transferred, renumbered as section 17.63, Florida Statutes,

14  and amended to read:

15         17.63 18.17  Chief Financial Officer Treasurer not to

16  issue evidences of indebtedness.--It is not lawful for the

17  Chief Financial Officer Treasurer of this state to issue any

18  treasury certificates, or any other evidences of indebtedness,

19  for any purpose whatever, and the Chief Financial Officer

20  Treasurer is prohibited from issuing the same.

21         Section 69.  Section 18.20, Florida Statutes, is

22  transferred, renumbered as section 17.64, Florida Statutes,

23  and amended to read:

24         17.64 18.20  Chief Financial Officer Treasurer to make

25  reproductions of certain warrants, records, and documents.--

26         (1)  All vouchers or checks heretofore or hereafter

27  drawn by appropriate court officials of the several counties

28  of the state against money deposited with the Treasurer under

29  the provisions of s. 43.17, and paid by the Treasurer, may be

30  photographed, microphotographed, or reproduced on film by the

31  Treasurer. Such photographic film shall be durable material

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  1  and the device used to so reproduce such warrants, vouchers,

  2  or checks shall be one which accurately reproduces the

  3  originals thereof in all detail; and such photographs,

  4  microphotographs, or reproductions on film shall be placed in

  5  conveniently accessible and identified files and shall be

  6  preserved by the Treasurer as a part of the permanent records

  7  of office.  When any such warrants, vouchers, or checks have

  8  been so photographed, microphotographed, or reproduced on

  9  film, and the photographs, microphotographs, or reproductions

10  on film thereof have been placed in files as a part of the

11  permanent records of the office of the Treasurer as aforesaid,

12  the Treasurer is authorized to return such warrants, vouchers,

13  or checks to the offices of the respective county officials

14  who drew the same and such warrants, vouchers, or checks shall

15  be retained and preserved in such offices to which returned as

16  a part of the permanent records of such offices.

17         (1)(2)  Such photographs, microphotographs, or

18  reproductions on film of such said warrants, vouchers, or

19  checks shall be deemed to be original records for all

20  purposes; and any copy or reproduction thereof made from such

21  original film, duly certified by the Chief Financial Officer

22  Treasurer as a true and correct copy or reproduction made from

23  such film, shall be deemed to be a transcript, exemplification

24  or certified copy of the original warrant, voucher, or check

25  such copy represents, and shall in all cases and in all courts

26  and places be admitted and received in evidence with the like

27  force and effect as the original thereof might be.

28         (2)(3)  The Chief Financial Officer Treasurer is also

29  hereby authorized to photograph, microphotograph, or reproduce

30  on film, all records and documents of such said office, as the

31  Chief Financial Officer Treasurer may, in his or her

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  1  discretion, selects select; and the Chief Financial Officer

  2  said Treasurer is hereby authorized to destroy any such of the

  3  said documents or records after they have been photographed

  4  and filed and after audit of the Chief Financial Officer's

  5  Treasurer's office has been completed for the period embracing

  6  the dates of such said documents and records.

  7         (3)(4)  Photographs or microphotographs in the form of

  8  film or prints of any records made in compliance with the

  9  provisions of this section shall have the same force and

10  effect as the originals thereof would have, and shall be

11  treated as originals for the purpose of their admissibility in

12  evidence. Duly certified or authenticated reproductions of

13  such photographs or microphotographs shall be admitted in

14  evidence equally with the original photographs or

15  microphotographs.

16         Section 70.  Section 18.23, Florida Statutes, is

17  transferred, renumbered as section 17.65, Florida Statutes,

18  and amended to read:

19         17.65 18.23  Chief Financial Officer Treasurer to

20  prescribe forms.--The Chief Financial Officer Treasurer may

21  prescribe the forms, and the manner of keeping the same, for

22  all receipts, credit advices, abstracts, reports, and other

23  papers furnished the Chief Financial Officer Treasurer by the

24  officers of this state or other persons or entities as a

25  result of their having, or depositing, state moneys.

26         Section 71.  Section 18.24, Florida Statutes, is

27  transferred, renumbered as section 17.66, Florida Statutes,

28  and amended to read:

29         17.66 18.24  Securities in book-entry form.--Any

30  security which:

31

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  1         (1)(a)  Is eligible to be held in book-entry form on

  2  the books of the Federal Reserve Book-Entry System; or

  3         (b)  Is eligible for deposit in a depository trust

  4  clearing system established to hold and transfer securities by

  5  computerized book-entry systems; and which

  6         (2)(a)  Is held in the name of the Chief Financial

  7  Officer, in the name of the State Treasurer, or in the name of

  8  the State Insurance Commissioner; or

  9         (b)  Is pledged to the Chief Financial Officer, to the

10  State Treasurer, or to the State Insurance Commissioner;

11

12  under any state law for any purpose whatsoever, may be held in

13  book-entry form on the books of the Federal Reserve Book-Entry

14  System or on deposit in a depository trust clearing system.

15         Section 72.  Subsection (3) of section 20.04, Florida

16  Statutes, is amended to read:

17         20.04  Structure of executive branch.--The executive

18  branch of state government is structured as follows:

19         (3)  For their internal structure, all departments,

20  except for the Department of Financial Services Banking and

21  Finance, the Department of Children and Family Services, the

22  Department of Corrections, the Department of Management

23  Services, the Department of Revenue, and the Department of

24  Transportation, must adhere to the following standard terms:

25         (a)  The principal unit of the department is the

26  "division." Each division is headed by a "director."

27         (b)  The principal unit of the division is the

28  "bureau." Each bureau is headed by a "chief."

29         (c)  The principal unit of the bureau is the "section."

30  Each section is headed by an "administrator."

31

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  1         (d)  If further subdivision is necessary, sections may

  2  be divided into "subsections," which are headed by

  3  "supervisors."

  4         Section 73.  Paragraph (h) of subsection (5) of section

  5  20.055, Florida Statutes, is amended to read:

  6         20.055  Agency inspectors general.--

  7         (5)  In carrying out the auditing duties and

  8  responsibilities of this act, each inspector general shall

  9  review and evaluate internal controls necessary to ensure the

10  fiscal accountability of the state agency. The inspector

11  general shall conduct financial, compliance, electronic data

12  processing, and performance audits of the agency and prepare

13  audit reports of his or her findings. The scope and assignment

14  of the audits shall be determined by the inspector general;

15  however, the agency head may at any time direct the inspector

16  general to perform an audit of a special program, function, or

17  organizational unit. The performance of the audit shall be

18  under the direction of the inspector general, except that if

19  the inspector general does not possess the qualifications

20  specified in subsection (4), the director of auditing shall

21  perform the functions listed in this subsection.

22         (h)  The inspector general shall develop long-term and

23  annual audit plans based on the findings of periodic risk

24  assessments. The plan, where appropriate, should include

25  postaudit samplings of payments and accounts. The plan shall

26  show the individual audits to be conducted during each year

27  and related resources to be devoted to the respective audits.

28  The Chief Financial Officer Comptroller, to assist in

29  fulfilling the responsibilities for examining, auditing, and

30  settling accounts, claims, and demands pursuant to s.

31  17.03(1), and examining, auditing, adjusting, and settling

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  1  accounts pursuant to s. 17.04, may utilize audits performed by

  2  the inspectors general and internal auditors. For state

  3  agencies under the Governor, the audit plans shall be

  4  submitted to the Governor's Chief Inspector General. The plan

  5  shall be submitted to the agency head for approval. A copy of

  6  the approved plan shall be submitted to the Auditor General.

  7         Section 74.  Section 20.195, Florida Statutes, is

  8  amended to read:

  9         20.195  Department of Children and Family Services

10  Tobacco Settlement Trust Fund.--

11         (1)  The Department of Children and Family Services

12  Tobacco Settlement Trust Fund is created within that

13  department. Funds to be credited to the trust fund shall

14  consist of funds disbursed, by nonoperating transfer, from the

15  Department of Financial Services Banking and Finance Tobacco

16  Settlement Clearing Trust Fund in amounts equal to the annual

17  appropriations made from this trust fund.

18         (2)  Notwithstanding the provisions of s. 216.301 and

19  pursuant to s. 216.351, any unencumbered balance in the trust

20  fund at the end of any fiscal year and any encumbered balance

21  remaining undisbursed on December 31 of the same calendar year

22  shall revert to the Department of Financial Services Banking

23  and Finance Tobacco Settlement Clearing Trust Fund.

24         Section 75.  Section 20.425, Florida Statutes, is

25  amended to read:

26         20.425  Agency for Health Care Administration Tobacco

27  Settlement Trust Fund.--

28         (1)  The Agency for Health Care Administration Tobacco

29  Settlement Trust Fund is created within the agency. Funds to

30  be credited to the trust fund shall consist of funds

31  disbursed, by nonoperating transfer, from the Department of

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  1  Financial Services Banking and Finance Tobacco Settlement

  2  Clearing Trust Fund in amounts equal to the annual

  3  appropriations made from this trust fund.

  4         (2)  Notwithstanding the provisions of s. 216.301 and

  5  pursuant to s. 216.351, any unencumbered balance in the trust

  6  fund at the end of any fiscal year and any encumbered balance

  7  remaining undisbursed on December 31 of the same calendar year

  8  shall revert to the Department of Financial Services Banking

  9  and Finance Tobacco Settlement Clearing Trust Fund.

10         Section 76.  Paragraph (g) of subsection (1) of section

11  20.435, Florida Statutes, is amended to read:

12         20.435  Department of Health; trust funds.--

13         (1)  The following trust funds are hereby created, to

14  be administered by the Department of Health:

15         (g)  Department of Health Tobacco Settlement Trust

16  Fund.

17         1.  Funds to be credited to the trust fund shall

18  consist of funds disbursed, by nonoperating transfer, from the

19  Department of Financial Services Banking and Finance Tobacco

20  Settlement Clearing Trust Fund in amounts equal to the annual

21  appropriations made from this trust fund.

22         2.  Notwithstanding the provisions of s. 216.301 and

23  pursuant to s. 216.351, any unencumbered balance in the trust

24  fund at the end of any fiscal year and any encumbered balance

25  remaining undisbursed on December 31 of the same calendar year

26  shall revert to the Department of Financial Services Banking

27  and Finance Tobacco Settlement Clearing Trust Fund.

28         Section 77.  Subsection (4) of section 24.105, Florida

29  Statutes, is amended to read:

30         24.105  Powers and duties of department.--The

31  department shall:

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  1         (4)  Submit monthly and annual reports to the Governor,

  2  the Chief Financial Officer Treasurer, the President of the

  3  Senate, and the Speaker of the House of Representatives

  4  disclosing the total lottery revenues, prize disbursements,

  5  and other expenses of the department during the preceding

  6  month.  The annual report shall additionally describe the

  7  organizational structure of the department, including its

  8  hierarchical structure, and shall identify the divisions and

  9  bureaus created by the secretary and summarize the

10  departmental functions performed by each.

11         Section 78.  Subsection (5) of section 24.111, Florida

12  Statutes, is amended to read:

13         24.111  Vendors; disclosure and contract

14  requirements.--

15         (5)  Each vendor in a major procurement in excess of

16  $25,000, and any other vendor if the department deems it

17  necessary to protect the state's financial interest, shall, at

18  the time of executing the contract with the department, post

19  an appropriate bond with the department in an amount

20  determined by the department to be adequate to protect the

21  state's interests, but not higher than the full amount

22  estimated to be paid annually to the vendor under the

23  contract.  In lieu of the bond, a vendor may, to assure the

24  faithful performance of its obligations, file with the

25  department an irrevocable letter of credit acceptable to the

26  department in an amount determined by the department to be

27  adequate to protect the state's interests or deposit and

28  maintain with the Chief Financial Officer Treasurer securities

29  that are interest bearing or accruing and that, with the

30  exception of those specified in paragraphs (a) and (b), are

31  rated in one of the four highest classifications by an

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  1  established nationally recognized investment rating service.

  2  Securities eligible under this subsection shall be limited to:

  3         (a)  Certificates of deposit issued by solvent banks or

  4  savings associations organized and existing under the laws of

  5  this state or under the laws of the United States and having

  6  their principal place of business in this state.

  7         (b)  United States bonds, notes, and bills for which

  8  the full faith and credit of the government of the United

  9  States is pledged for the payment of principal and interest.

10         (c)  General obligation bonds and notes of any

11  political subdivision of the state.

12         (d)  Corporate bonds of any corporation that is not an

13  affiliate or subsidiary of the depositor.

14

15  Such securities shall be held in trust and shall have at all

16  times a market value at least equal to an amount determined by

17  the department to be adequate to protect the state's

18  interests, which amount shall not be set higher than the full

19  amount estimated to be paid annually to the vendor under

20  contract.

21         Section 79.  Paragraph (b) of subsection (9) of section

22  24.112, Florida Statutes, is amended to read:

23         24.112  Retailers of lottery tickets.--

24         (9)

25         (b)  In lieu of such bond, the department may purchase

26  blanket bonds covering all or selected retailers or may allow

27  a retailer to deposit and maintain with the Chief Financial

28  Officer Treasurer securities that are interest bearing or

29  accruing and that, with the exception of those specified in

30  subparagraphs 1. and 2., are rated in one of the four highest

31  classifications by an established nationally recognized

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  1  investment rating service.  Securities eligible under this

  2  paragraph shall be limited to:

  3         1.  Certificates of deposit issued by solvent banks or

  4  savings associations organized and existing under the laws of

  5  this state or under the laws of the United States and having

  6  their principal place of business in this state.

  7         2.  United States bonds, notes, and bills for which the

  8  full faith and credit of the government of the United States

  9  is pledged for the payment of principal and interest.

10         3.  General obligation bonds and notes of any political

11  subdivision of the state.

12         4.  Corporate bonds of any corporation that is not an

13  affiliate or subsidiary of the depositor.

14

15  Such securities shall be held in trust and shall have at all

16  times a market value at least equal to an amount required by

17  the department.

18         Section 80.  Subsections (3) and (4) of section 24.120,

19  Florida Statutes, are amended to read:

20         24.120  Financial matters; Administrative Trust Fund;

21  interagency cooperation.--

22         (3)  Any action required by law to be taken by the

23  Chief Financial Officer State Treasurer or the Comptroller

24  shall be taken within 2 business days after the department's

25  request therefor.  If the request for such action is not

26  approved or rejected within such period, the request shall be

27  deemed to be approved. The department shall reimburse the

28  Chief Financial Officer State Treasurer or the Comptroller for

29  any additional costs involved in providing the level of

30  service required by this subsection.

31

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  1         (4)  The department shall cooperate with the Chief

  2  Financial Officer State Treasurer, the Comptroller, the

  3  Auditor General, and the Office of Program Policy Analysis and

  4  Government Accountability by giving employees designated by

  5  any of them access to facilities of the department for the

  6  purpose of efficient compliance with their respective

  7  responsibilities.

  8         Section 81.  Subsection (5) of section 25.241, Florida

  9  Statutes, is amended to read:

10         25.241  Clerk of Supreme Court; compensation;

11  assistants; filing fees, etc.--

12         (5)  The Clerk of the Supreme Court is hereby required

13  to prepare a statement of all fees collected in duplicate each

14  month and remit one copy of such said statement, together with

15  all fees collected by him or her, to the Chief Financial

16  Officer State Treasurer, who shall place the same to the

17  credit of the General Revenue Fund.

18         Section 82.  Section 26.39, Florida Statutes, is

19  amended to read:

20         26.39  Penalty for nonattendance of judge.--Whenever

21  such default shall occur, the clerk of the court (unless such

22  judge shall file his or her reasons for such default as

23  hereinbefore provided) shall certify the fact, under his or

24  her official signature and seal, to the Chief Financial

25  Officer Comptroller of the state, who shall deduct from the

26  warrants on the Treasurer, thereafter to be issued in favor of

27  the judge making such default, the sum of $100 as aforesaid

28  for every such default.

29         Section 83.  Section 27.08, Florida Statutes, is

30  amended to read:

31

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  1         27.08  State claims; surrender of papers to

  2  successor.--Upon the qualification of the successor of any

  3  state attorney, the state attorney going out of office shall

  4  deliver to his or her successor a statement of all cases for

  5  the collection of money in favor of the state under his or her

  6  control and the papers connected with the same, and take his

  7  or her receipt for the same, which receipt, when filed with

  8  the Department of Financial Services Banking and Finance,

  9  shall release such state attorney from any further liability

10  to the state upon the claims receipted for; and the state

11  attorney receiving the claims shall be liable in all respects

12  for the same, as provided against state attorneys in s. 17.20.

13         Section 84.  Section 27.10, Florida Statutes, is

14  amended to read:

15         27.10  Obligation as to claims; how discharged.--The

16  charges mentioned in s. 17.20 shall be evidence of

17  indebtedness on the part of any state attorney against whom

18  any charge is made for the full amount of such claim to the

19  state until the same shall be collected and paid into the

20  treasury or sued to insolvency, which fact of insolvency shall

21  be certified by the circuit judge of his or her circuit,

22  unless the said state attorney makes shall make it fully

23  appear to the Department of Financial Services Banking and

24  Finance that the failure to collect the same did not result

25  from his or her neglect.

26         Section 85.  Section 27.11, Florida Statutes, is

27  amended to read:

28         27.11  Report upon claims committed to state

29  attorney.--The state attorney shall make a report to the Chief

30  Financial Officer Comptroller on the first Monday in January

31  and July in each and every year of the condition of all claims

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  1  placed in his or her hands or which the state attorney may

  2  have been required to prosecute and collect, whether the same

  3  is in suit or in judgment, or collected, and the probable

  4  solvency or insolvency of claims not collected, and shall at

  5  the same time pay over all moneys which he or she may have

  6  collected belonging to the state; and the Chief Financial

  7  Officer Comptroller shall not audit or allow any claim which

  8  any state attorney may have against the state for services

  9  until he or she makes the report herein required.

10         Section 86.  Subsection (1) of section 27.12, Florida

11  Statutes, is amended to read:

12         27.12  Power to compromise.--

13         (1)  The state attorney may, with the approval of the

14  Department of Financial Services Banking and Finance,

15  compromise and settle all judgments, claims, and demands in

16  favor of the state in his or her circuit against defaulting

17  collectors of revenue, sheriffs and other officers, and the

18  sureties on their bonds, on such terms as the state attorney

19  may deem equitable and proper.

20         Section 87.  Section 27.13, Florida Statutes, is

21  amended to read:

22         27.13  Completion of compromise.--The state attorney

23  shall, on agreeing to any compromise or settlement, report the

24  same to the Department of Financial Services Banking and

25  Finance for its approval; and, on its approving such

26  compromise or settlement, the said state attorney, on a

27  compliance with the terms of such compromise or settlement

28  shall give a receipt to the collector of revenue, sheriff or

29  other officer, or the sureties on their bonds, or to the legal

30  representatives, which receipt shall be a discharge from all

31  judgments, claims or demands of the state against such

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  1  collector of revenue or other officer, or the sureties on

  2  their bonds.

  3         Section 88.  Subsection (4) of section 27.34, Florida

  4  Statutes, is amended to read:

  5         27.34  Salaries and other related costs of state

  6  attorneys' offices; limitations.--

  7         (4)  Notwithstanding s. 27.25, the Chief Financial

  8  Officer Insurance Commissioner may contract with the state

  9  attorney of any judicial circuit of the state for the

10  prosecution of criminal violations of the Workers'

11  Compensation Law and related crimes and may contribute funds

12  for such purposes. Such contracts may provide for the

13  training, salary, and expenses of one or more assistant state

14  attorneys used in the prosecution of such crimes.

15         Section 89.  Section 27.3455, Florida Statutes, is

16  amended to read:

17         27.3455  Annual statement of certain revenues and

18  expenditures.--

19         (1)  Each county shall submit annually to the Chief

20  Financial Officer Comptroller a statement of revenues and

21  expenditures as set forth in this section in the form and

22  manner prescribed by the Chief Financial Officer Comptroller

23  in consultation with the Legislative Committee on

24  Intergovernmental Relations, provided that such statement

25  identify total county expenditures on:

26         (a)  Medical examiner services.

27         (b)  County victim witness programs.

28         (c)  Each of the services outlined in ss. 27.34(2) and

29  27.54(3).

30         (d)  Appellate filing fees in criminal cases in which

31  an indigent defendant appeals a judgment of a county or

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  1  circuit court to a district court of appeal or the Florida

  2  Supreme Court.

  3         (e)  Other court-related costs of the state attorney

  4  and public defender that were paid by the county where such

  5  costs were included in a judgment or order rendered by the

  6  trial court against the county.

  7

  8  Such statement also shall identify the revenues provided by s.

  9  938.05(1) that were used to meet or reimburse the county for

10  such expenditures.

11         (2)(a)  Within 6 months of the close of the local

12  government fiscal year, each county shall submit to the Chief

13  Financial Officer Comptroller a statement of compliance from

14  its independent certified public accountant, engaged pursuant

15  to s. 218.39, that the certified statement of expenditures was

16  in accordance with ss. 27.34(2), 27.54(3), and this section.

17  All discrepancies noted by the independent certified public

18  accountant shall be included in the statement furnished by the

19  county to the Chief Financial Officer Comptroller.

20         (b)  If Should the Chief Financial Officer determines

21  Comptroller determine that additional auditing procedures are

22  appropriate because:

23         1.  The county failed to submit timely its annual

24  statement;

25         2.  Discrepancies were noted by the independent

26  certified public accountant; or

27         3.  The county failed to file before March 31 of each

28  year the certified public accountant statement of compliance,

29  the Chief Financial Officer may Comptroller is hereby

30  authorized to send his or her personnel or to contract for

31  services to bring the county into compliance.  The costs

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  1  incurred by the Chief Financial Officer Comptroller shall be

  2  paid promptly by the county upon certification by the Chief

  3  Financial Officer Comptroller.

  4         (c)  Where the Chief Financial Officer Comptroller

  5  elects to utilize the services of an independent contractor,

  6  such certification by the Chief Financial Officer Comptroller

  7  may require the county to make direct payment to a contractor.

  8  Any funds owed by a county in such matters shall be recovered

  9  pursuant to s. 17.04 or s. 17.041.

10         (3)  The priority for the allocation of funds collected

11  pursuant to s. 938.05(1) shall be as follows:

12         (a)  Reimbursement to the county for actual county

13  expenditures incurred in providing the state attorney and

14  public defender the services outlined in ss. 27.34(2) and

15  27.54(3), with the exception of office space, utilities, and

16  custodial services.

17         (b)  At the close of the local government fiscal year,

18  funds remaining on deposit in the special trust fund of the

19  county after reimbursements have been made pursuant to

20  paragraph (a) shall be reimbursed to the county for actual

21  county expenditures made in support of the operations and

22  services of medical examiners, including the costs associated

23  with the investigation of state prison inmate deaths. Special

24  county trust fund revenues used to reimburse the county for

25  medical examiner expenditures in any year shall not exceed $1

26  per county resident.

27         (c)  At the close of the local government fiscal year,

28  counties establishing or having in existence a comprehensive

29  victim-witness program which meets the standards set by the

30  Crime Victims' Services Office shall be eligible to receive 50

31  percent matching moneys from the balance remaining in the

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  1  special trust fund after reimbursements have been made

  2  pursuant to paragraphs (a) and (b).  Special trust fund moneys

  3  used in any year to supplement such programs shall not exceed

  4  25 cents per county resident.

  5         (d)  At the close of the local government fiscal year,

  6  funds remaining in the special trust fund after reimbursements

  7  have been made pursuant to paragraphs (a), (b), and (c) shall

  8  be used to reimburse the county for county costs incurred in

  9  the provision of office space, utilities, and custodial

10  services to the state attorney and public defender, for county

11  expenditures on appellate filing fees in criminal cases in

12  which an indigent defendant appeals a judgment of a county or

13  circuit court to a district court of appeal or the Florida

14  Supreme Court, and for county expenditures on court-related

15  costs of the state attorney and public defender that were paid

16  by the county, provided that such court-related costs were

17  included in a judgment or order rendered by the trial court

18  against the county.  Where a state attorney or a public

19  defender is provided space in a county-owned facility,

20  responsibility for calculating county costs associated with

21  the provision of such office space, utilities, and custodial

22  services is hereby vested in the Chief Financial Officer

23  Comptroller in consultation with the Legislative Committee on

24  Intergovernmental Relations.

25         (4)  At the end of the local government fiscal year,

26  all funds remaining on deposit in the special trust fund after

27  all reimbursements have been made as provided for in

28  subsection (3) shall be forwarded to the Chief Financial

29  Officer Treasurer for deposit in the General Revenue Fund of

30  the state.

31

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  1         (5)  The Chief Financial Officer Comptroller shall

  2  adopt any rules necessary to implement his or her

  3  responsibilities pursuant to this section.

  4         Section 90.  Subsection (2) of section 27.703, Florida

  5  Statutes, is amended to read:

  6         27.703  Conflict of interest and substitute counsel.--

  7         (2)  Appointed counsel shall be paid from funds

  8  appropriated to the Chief Financial Officer Comptroller. The

  9  hourly rate may not exceed $100. However, effective July 1,

10  1999, all appointments of private counsel under this section

11  shall be in accordance with ss. 27.710 and 27.711.

12         Section 91.  Subsection (4) of section 27.710, Florida

13  Statutes, is amended to read:

14         27.710  Registry of attorneys applying to represent

15  persons in postconviction capital collateral proceedings;

16  certification of minimum requirements; appointment by trial

17  court.--

18         (4)  Each private attorney who is appointed by the

19  court to represent a capital defendant must enter into a

20  contract with the Chief Financial Officer Comptroller. If the

21  appointed attorney fails to execute the contract within 30

22  days after the date the contract is mailed to the attorney,

23  the executive director of the Commission on Capital Cases

24  shall notify the trial court. The Chief Financial Officer

25  Comptroller shall develop the form of the contract, function

26  as contract manager, and enforce performance of the terms and

27  conditions of the contract. By signing such contract, the

28  attorney certifies that he or she intends to continue the

29  representation under the terms and conditions set forth in the

30  contract until the sentence is reversed, reduced, or carried

31  out or until released by order of the trial court.

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  1         Section 92.  Subsections (3), (4), (5), (6), (7), and

  2  (13) of section 27.711, Florida Statutes, are amended to read:

  3         27.711  Terms and conditions of appointment of

  4  attorneys as counsel in postconviction capital collateral

  5  proceedings.--

  6         (3)  An attorney appointed to represent a capital

  7  defendant is entitled to payment of the fees set forth in this

  8  section only upon full performance by the attorney of the

  9  duties specified in this section and approval of payment by

10  the trial court, and the submission of a payment request by

11  the attorney, subject to the availability of sufficient

12  funding specifically appropriated for this purpose.  The Chief

13  Financial Officer Comptroller shall notify the executive

14  director and the court if it appears that sufficient funding

15  has not been specifically appropriated for this purpose to pay

16  any fees which may be incurred. The attorney shall maintain

17  appropriate documentation, including a current and detailed

18  hourly accounting of time spent representing the capital

19  defendant. The fee and payment schedule in this section is the

20  exclusive means of compensating a court-appointed attorney who

21  represents a capital defendant. When appropriate, a

22  court-appointed attorney must seek further compensation from

23  the Federal Government, as provided in 18 U.S.C. s. 3006A or

24  other federal law, in habeas corpus litigation in the federal

25  courts.

26         (4)  Upon approval by the trial court, an attorney

27  appointed to represent a capital defendant under s. 27.710 is

28  entitled to payment of the following fees by the Chief

29  Financial Officer Comptroller:

30         (a)  Regardless of the stage of postconviction capital

31  collateral proceedings, the attorney is entitled to $100 per

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  1  hour, up to a maximum of $2,500, after accepting appointment

  2  and filing a notice of appearance.

  3         (b)  The attorney is entitled to $100 per hour, up to a

  4  maximum of $20,000, after timely filing in the trial court the

  5  capital defendant's complete original motion for

  6  postconviction relief under the Florida Rules of Criminal

  7  Procedure. The motion must raise all issues to be addressed by

  8  the trial court. However, an attorney is entitled to fees

  9  under this paragraph if the court schedules a hearing on a

10  matter that makes the filing of the original motion for

11  postconviction relief unnecessary or if the court otherwise

12  disposes of the case.

13         (c)  The attorney is entitled to $100 per hour, up to a

14  maximum of $20,000, after the trial court issues a final order

15  granting or denying the capital defendant's motion for

16  postconviction relief.

17         (d)  The attorney is entitled to $100 per hour, up to a

18  maximum of $20,000, after timely filing in the Supreme Court

19  the capital defendant's brief or briefs that address the trial

20  court's final order granting or denying the capital

21  defendant's motion for postconviction relief and the state

22  petition for writ of habeas corpus.

23         (e)  The attorney is entitled to $100 per hour, up to a

24  maximum of $10,000, after the trial court issues an order,

25  pursuant to a remand from the Supreme Court, which directs the

26  trial court to hold further proceedings on the capital

27  defendant's motion for postconviction relief.

28         (f)  The attorney is entitled to $100 per hour, up to a

29  maximum of $4,000, after the appeal of the trial court's

30  denial of the capital defendant's motion for postconviction

31

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  1  relief and the capital defendant's state petition for writ of

  2  habeas corpus become final in the Supreme Court.

  3         (g)  At the conclusion of the capital defendant's

  4  postconviction capital collateral proceedings in state court,

  5  the attorney is entitled to $100 per hour, up to a maximum of

  6  $2,500, after filing a petition for writ of certiorari in the

  7  Supreme Court of the United States.

  8         (h)  If, at any time, the Supreme Court of the United

  9  States accepts for review the capital defendant's collateral

10  challenge of the conviction and sentence of death, the

11  attorney is entitled to $100 per hour, up to a maximum of

12  $5,000. This payment shall be full compensation for

13  representing the capital defendant throughout the certiorari

14  proceedings before the United States Supreme Court.

15

16  The hours billed by a contracting attorney under this

17  subsection may include time devoted to representation of the

18  defendant by another attorney who is qualified under s. 27.710

19  and who has been designated by the contracting attorney to

20  assist him or her.

21         (5)  An attorney who represents a capital defendant may

22  use the services of one or more investigators to assist in

23  representing a capital defendant. Upon approval by the trial

24  court, the attorney is entitled to payment from the Chief

25  Financial Officer Comptroller of $40 per hour, up to a maximum

26  of $15,000, for the purpose of paying for investigative

27  services.

28         (6)  An attorney who represents a capital defendant is

29  entitled to a maximum of $15,000 for miscellaneous expenses,

30  such as the costs of preparing transcripts, compensating

31  expert witnesses, and copying documents. Upon approval by the

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  1  trial court, the attorney is entitled to payment by the Chief

  2  Financial Officer Comptroller of up to $15,000 for

  3  miscellaneous expenses, except that, if the trial court finds

  4  that extraordinary circumstances exist, the attorney is

  5  entitled to payment in excess of $15,000.

  6         (7)  An attorney who is actively representing a capital

  7  defendant is entitled to a maximum of $500 per fiscal year for

  8  tuition and expenses for continuing legal education that

  9  pertains to the representation of capital defendants. Upon

10  approval by the trial court, the attorney is entitled to

11  payment by the Chief Financial Officer Comptroller for

12  expenses for such tuition and continuing legal education.

13         (13)  Prior to the filing of a motion for order

14  approving payment of attorney's fees, costs, or related

15  expenses, the assigned counsel shall deliver a copy of his

16  intended billing, together with supporting affidavits and all

17  other necessary documentation, to the Chief Financial

18  Officer's Comptroller's named contract manager. The contract

19  manager shall have 10 business days from receipt to review the

20  billings, affidavit, and documentation for completeness and

21  compliance with contractual and statutory requirements. If the

22  contract manager objects to any portion of the proposed

23  billing, the objection and reasons therefor shall be

24  communicated to the assigned counsel. The assigned counsel may

25  thereafter file his or her motion for order approving payment

26  of attorney's fees, costs, or related expenses together with

27  supporting affidavits and all other necessary documentation.

28  The motion must specify whether the Chief Financial Officer's

29  Comptroller's contract manager objects to any portion of the

30  billing or the sufficiency of documentation and, if so, the

31  reason therefor. A copy of the motion and attachments shall be

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  1  served on the Chief Financial Officer's Comptroller's contract

  2  manager, who shall have standing to file pleadings and appear

  3  before the court to contest any motion for order approving

  4  payment. The fact that the Chief Financial Officer's

  5  Comptroller's contract manager has not objected to any portion

  6  of the billing or to the sufficiency of the documentation is

  7  not binding on the court, which retains primary authority and

  8  responsibility for determining the reasonableness of all

  9  billings for fees, costs, and related expenses, subject to

10  statutory limitations.

11         Section 93.  Section 28.235, Florida Statutes, is

12  amended to read:

13         28.235  Advance payments by clerk of circuit

14  court.--The clerk of the circuit court is authorized to make

15  advance payments on behalf of the county for goods and

16  services, including, but not limited to, maintenance

17  agreements and subscriptions, pursuant to rules or procedures

18  adopted by the Chief Financial Officer Comptroller for advance

19  payments of invoices submitted to agencies of the state.

20         Section 94.  Subsections (7) and (23) of section 28.24,

21  Florida Statutes, are amended to read:

22         28.24  Service charges by clerk of the circuit

23  court.--The clerk of the circuit court shall make the

24  following charges for services rendered by the clerk's office

25  in recording documents and instruments and in performing the

26  duties enumerated. However, in those counties where the

27  clerk's office operates as a fiscal unit of the county

28  pursuant to s. 145.022(1), the clerk shall not charge the

29  county for such services.

30

31                                                         Charges

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  1

  2         (7)  For making and reporting payrolls of jurors to

  3  Chief Financial Officer State Comptroller, per page, per copy

  4  ..........................................................5.00

  5         (23)  For paying of witnesses and making and reporting

  6  payroll to Chief Financial Officer State Comptroller, per

  7  copy, per page............................................5.00

  8         Section 95.  Section 30.52, Florida Statutes, is

  9  amended to read:

10         30.52  Handling of public funds.--The sheriff shall

11  keep public funds in his or her custody, either in his or her

12  office in an amount not in excess of the burglary, theft, and

13  robbery insurance provided, the cost of which is hereby

14  authorized as an expense of the office, or in a depository in

15  an amount not in excess of the security provided pursuant to

16  s. 658.60 and the regulations of the Department of Financial

17  Services Banking and Finance.  The title of the depository

18  accounts shall include the word "sheriff" and the name of the

19  county, and withdrawals from the accounts shall be made by

20  checks signed by the duly qualified and acting sheriff of the

21  county, or his or her designated deputy or agent.

22         Section 96.  Section 40.30, Florida Statutes, is

23  amended to read:

24         40.30  Requisition endorsed by State Courts

25  Administrator or designee.--Upon receipt of such estimate and

26  the requisition from the clerk of the court, the State Courts

27  Administrator or designee shall endorse the amount that he or

28  she may deem necessary for the pay of jurors and witnesses

29  during the quarterly fiscal period and shall submit a request

30  for payment to the Chief Financial Officer Comptroller.

31

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  1         Section 97.  Section 40.31, Florida Statutes, is

  2  amended to read:

  3         40.31  State Courts Administrator may apportion

  4  appropriation.--If the State Courts Administrator shall have

  5  reason to believe that the amount appropriated by the

  6  Legislature is insufficient to meet the expenses of jurors and

  7  witnesses during the remaining part of the state fiscal year,

  8  he or she may apportion the money in the treasury for that

  9  purpose among the several counties, basing such apportionment

10  upon the amount expended for the payment of jurors and

11  witnesses in each county during the prior fiscal year. In such

12  case, each county shall be paid by warrant, issued by the

13  Chief Financial Officer Comptroller, only the amount so

14  apportioned to each county, and, when the amount so

15  apportioned is insufficient to pay in full all the jurors and

16  witnesses during a quarterly fiscal period, the clerk of the

17  court shall apportion the money received pro rata among the

18  jurors and witnesses entitled to pay and shall give to each

19  juror or witness a certificate of the amount of compensation

20  still due, which certificate shall be held by the State Courts

21  Administrator as other demands against the state.

22         Section 98.  Section 40.33, Florida Statutes, is

23  amended to read:

24         40.33  Deficiency.--If the compensation of jurors and

25  witnesses during a quarterly fiscal period exceeds the amount

26  estimated by the clerk of the court and therefore is

27  insufficient to pay in full the jurors and witnesses, the

28  clerk of the court shall make a further requisition upon the

29  State Courts Administrator for the amount necessary to pay

30  such default, and the amount required shall be transmitted to

31  the clerk of the court by warrant issued by the Chief

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  1  Financial Officer Comptroller in the same manner as the

  2  original requisition or order.

  3         Section 99.  Subsection (2) of section 40.34, Florida

  4  Statutes, is amended to read:

  5         40.34  Clerks to make triplicate payroll.--

  6         (2)  The form of such payroll shall be prescribed by

  7  the Chief Financial Officer Comptroller.

  8         Section 100.  Section 40.35, Florida Statutes, is

  9  amended to read:

10         40.35  Accounting and payment to the State Courts

11  Administrator.--

12         (1)  The clerk of the court shall, within 2 weeks after

13  the last day of the quarterly fiscal period, render to the

14  State Courts Administrator a full statement of accounts for

15  moneys received and disbursed under the provisions of this

16  chapter and refund to the State Courts Administrator any

17  balance in the clerk's hands.  If upon audit the State Courts

18  Administrator shall determine a balance due the clerk of the

19  court, the State Courts Administrator shall submit a request

20  for payment to the Chief Financial Officer Comptroller.

21         (2)  If a clerk of the court fails to account for and

22  pay over promptly the balance of all moneys paid him or her,

23  the sureties, if any, on a clerk's official bond are liable

24  and responsible for same; and the State Courts Administrator

25  shall report to the Governor and the Chief Financial Officer

26  Comptroller any failure on the part of the clerk of the court

27  to report and faithfully account for any such moneys.

28         Section 101.  Paragraph (b) of subsection (5) of

29  section 43.16, Florida Statutes, is amended to read:

30         43.16  Justice Administrative Commission; membership,

31  powers and duties.--

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  1         (5)  The duties of the commission shall include, but

  2  not be limited to, the following:

  3         (b)  Each state attorney and public defender and the

  4  Judicial Qualifications Commission shall continue to prepare

  5  necessary budgets, vouchers which represent valid claims for

  6  reimbursement by the state for authorized expenses, and other

  7  things incidental to the proper administrative operation of

  8  the office, such as revenue transmittals to the Chief

  9  Financial Officer treasurer, automated systems plans, etc.,

10  but will forward same to the commission for recording and

11  submission to the proper state officer.  However, when

12  requested by a state attorney or a public defender or the

13  Judicial Qualifications Commission, the commission will either

14  assist in the preparation of budget requests, voucher

15  schedules, and other forms and reports or accomplish the

16  entire project involved.

17         Section 102.  Subsections (1), (3), and (4) of section

18  43.19, Florida Statutes, are amended to read:

19         43.19  Money paid into court; unclaimed funds.--

20         (1)  In every case in which the right to withdraw money

21  deposited as hereinbefore provided has been adjudicated or is

22  not in dispute and the money has remained so deposited for 5

23  years or more unclaimed by the person, firm, or corporation

24  entitled thereto, on or before December 1 of each year the

25  judge, or one of the judges, of the court shall direct that

26  the money be deposited with the Chief Financial Officer

27  Treasurer to the credit of the State School Fund, to become a

28  part of that fund, subject to the right of the person, firm,

29  or corporation entitled thereto to receive the money as

30  provided in subsection (3).

31

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  1         (3)  Any person, firm or corporation entitled to any of

  2  the money may obtain an order directing the payment of the

  3  money to the claimant on written petition to the court from

  4  which the money was deposited or its successor, and written

  5  notice to the state attorney of the circuit wherein the court

  6  is situate, whether or not the court is a circuit court, and

  7  proof of right thereto, and the money deposited shall

  8  constitute and be a permanent appropriation for payments by

  9  the Chief Financial Officer Treasurer of the state in

10  obedience of such orders.

11         (4)  All interest and income that accrue from the money

12  while on deposit with the Chief Financial Officer Treasurer to

13  the credit of the State School Fund belong to that fund.

14         Section 103.  Subsections (3) and (4) of section

15  48.151, Florida Statutes, are amended to read:

16         48.151  Service on statutory agents for certain

17  persons.--

18         (3)  The Chief Financial Officer Insurance Commissioner

19  and Treasurer or his or her assistant or deputy or another

20  person in charge of the office is the agent for service of

21  process on all insurers applying for authority to transact

22  insurance in this state, all licensed nonresident insurance

23  agents, all nonresident disability insurance agents licensed

24  by the Department of Financial Services Insurance pursuant to

25  s. 626.835, any unauthorized insurer under s. 626.906 or s.

26  626.937, domestic reciprocal insurers, fraternal benefit

27  societies under chapter 632, automobile inspection and

28  warranty associations, ambulance service associations, and

29  persons required to file statements under s. 628.461.

30         (4)  The Chief Financial Officer Comptroller is the

31  agent for service of process for any issuer as defined in s.

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  1  517.021, or any dealer, investment adviser, or associated

  2  person registered with the Department of Financial Services

  3  Banking and Finance, for any violation of any provision of

  4  chapter 517.

  5         Section 104.  Subsection (1) of section 55.03, Florida

  6  Statutes, is amended to read:

  7         55.03  Judgments; rate of interest, generally.--

  8         (1)  On December 1 of each year beginning December 1,

  9  1994, the Chief Financial Officer Comptroller of the State of

10  Florida shall set the rate of interest that shall be payable

11  on judgments or decrees for the year beginning January 1 by

12  averaging the discount rate of the Federal Reserve Bank of New

13  York for the preceding year, then adding 500 basis points to

14  the averaged federal discount rate. The Chief Financial

15  Officer Comptroller shall inform the clerk of the courts and

16  chief judge for each judicial circuit of the rate that has

17  been established for the upcoming year. The initial interest

18  rate established by the Comptroller shall take effect on

19  January 1, 1995, and the interest rate established by the

20  Chief Financial Officer Comptroller in subsequent years shall

21  take effect on January 1 of each following year. Judgments

22  obtained on or after January 1, 1995, shall use the previous

23  statutory rate for time periods before January 1, 1995, for

24  which interest is due and shall apply the rate set by the

25  Chief Financial Officer Comptroller for time periods after

26  January 1, 1995, for which interest is due. Nothing contained

27  herein shall affect a rate of interest established by written

28  contract or obligation.

29         Section 105.  Section 57.091, Florida Statutes, is

30  amended to read:

31

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  1         57.091  Costs; refunded to counties in certain

  2  proceedings relating to state prisoners.--All lawful fees,

  3  costs, and expenses hereafter adjudged against, and paid by,

  4  any county in all competency proceedings and all criminal

  5  prosecutions against state prisoners imprisoned in a state

  6  correctional institution, and in all habeas corpus cases

  7  brought to test the legality of the imprisonment of state

  8  prisoners of such correctional institutions, shall be refunded

  9  to the county paying the sum from the General Revenue Fund in

10  the State Treasury in the manner and to the extent herein

11  provided, to wit:  between the 1st and 15th of the month next

12  succeeding the month in which the fees, costs, and expenses

13  have been allowed and paid by the county, the clerk of the

14  court shall make requisition on the Department of Corrections

15  for the fees, costs, and expenses so allowed and paid during

16  the preceding month, giving the style of the cases in which

17  fees, costs, and expenses were incurred and the amount and

18  items of cost in each case; providing a certified copy of the

19  judgment adjudging the fees, costs, and expenses against the

20  county and showing that the amount represented thereby has

21  been approved by the presiding judge, paid by the county, and

22  verified by the clerk; and attaching a certified copy of the

23  bill as approved and allowed by the board of county

24  commissioners of the county. If the Department of Corrections

25  finds the bills legal and adjudged against and paid by the

26  county, the department shall submit a request to the Chief

27  Financial Officer Comptroller to draw a warrant in the amount

28  thereof, or in the amount the department finds legal and

29  adjudged against and paid by the county, in favor of the

30  county paying the fees, costs, and expenses, which shall be

31

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  1  paid by the Chief Financial Officer State Treasurer from the

  2  general revenue funds of the state.

  3         Section 106.  Subsections (1), (3), and (4) of section

  4  68.083, Florida Statutes, are amended to read:

  5         68.083  Civil actions for false claims.--

  6         (1)  The department may diligently investigate a

  7  violation under s. 68.082. If the department finds that a

  8  person has violated or is violating s. 68.082, the department

  9  may bring a civil action under the Florida False Claims Act

10  against the person. The Department of Financial Services

11  Banking and Finance may bring a civil action under this

12  section if the action arises from an investigation by that

13  department and the Department of Legal Affairs has not filed

14  an action under this act.

15         (3)  The complaint shall be identified on its face as a

16  qui tam action and shall be filed in the circuit court of the

17  Second Judicial Circuit, in and for Leon County. Immediately

18  upon the filing of the complaint, a copy of the complaint and

19  written disclosure of substantially all material evidence and

20  information the person possesses shall be served on the

21  Attorney General, as head of the department, and on the Chief

22  Financial Officer Comptroller, as head of the Department of

23  Financial Services Banking and Finance, by registered mail,

24  return receipt requested. The department, or the Department of

25  Financial Services Banking and Finance under the circumstances

26  specified in subsection (4), may elect to intervene and

27  proceed with the action, on behalf of the state, within 90

28  days after it receives both the complaint and the material

29  evidence and information.

30         (4)  If a person brings an action under subsection (2)

31  and the action is based upon the facts underlying a pending

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  1  investigation by the Department of Financial Services Banking

  2  and Finance, the Department of Financial Services Banking and

  3  Finance, instead of the department, may take over the action

  4  on behalf of the state. In order to take over the action, the

  5  Department of Financial Services Banking and Finance must give

  6  the department written notification within 20 days after the

  7  action is filed that the Department of Financial Services

  8  Banking and Finance is conducting an investigation of the

  9  facts of the action and that the Department of Financial

10  Services Banking and Finance, instead of the department, will

11  take over the action filed under subsection (2). If the

12  Department of Financial Services Banking and Finance takes

13  over the action under this subsection, the word "department"

14  as used in this act means the Department of Financial Services

15  Banking and Finance, and that department, for purposes of that

16  action, shall have all rights and standing granted the

17  department under this act.

18         Section 107.  Subsections (3) and (6) of section

19  68.084, Florida Statutes, are amended to read:

20         68.084  Rights of the parties in civil actions.--

21         (3)  If the department elects not to proceed with the

22  action, the person who initiated the action has the right to

23  conduct the action. If the Attorney General, as head of the

24  department, or the Chief Financial Officer Comptroller, as

25  head of the Department of Financial Services Banking and

26  Finance, so requests, it shall be served, at the requesting

27  department's expense, with copies of all pleadings and motions

28  filed in the action and copies of all deposition transcripts.

29  When a person proceeds with the action, the court, without

30  limiting the rights of the person initiating the action, may

31  nevertheless permit the department to intervene and take over

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  1  the action on behalf of the state at a later date upon showing

  2  of good cause.

  3         (6)  The Department of Financial Services Banking and

  4  Finance, or the department, may intervene on its own behalf as

  5  a matter of right.

  6         Section 108.  Subsection (3) of section 68.087, Florida

  7  Statutes, is amended to read:

  8         68.087  Exemptions to civil actions.--

  9         (3)  No court shall have jurisdiction over an action

10  brought under this act based upon the public disclosure of

11  allegations or transactions in a criminal, civil, or

12  administrative hearing; in a legislative, administrative,

13  inspector general, or Auditor General, Chief Financial Officer

14  Comptroller, or Department of Financial Services Banking and

15  Finance report, hearing, audit, or investigation; or from the

16  news media, unless the action is brought by the department, or

17  unless the person bringing the action is an original source of

18  the information. For purposes of this subsection, the term

19  "original source" means an individual who has direct and

20  independent knowledge of the information on which the

21  allegations are based and has voluntarily provided the

22  information to the department before filing an action under

23  this act based on the information.

24         Section 109.  Section 68.092, Florida Statutes, is

25  amended to read:

26         68.092  Deposit of recovered moneys.--All moneys

27  recovered by the Chief Financial Officer Comptroller, as head

28  of the Department of Financial Services Banking and Finance,

29  under s. 68.086(1) in any civil action for violation of the

30  Florida False Claims Act shall be deposited in the

31

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  1  Administrative Trust Fund of the Department of Financial

  2  Services Banking and Finance.

  3         Section 110.  Section 77.0305, Florida Statutes, is

  4  amended to read:

  5         77.0305  Continuing writ of garnishment against salary

  6  or wages.--Notwithstanding any other provision of this

  7  chapter, if salary or wages are to be garnished to satisfy a

  8  judgment, the court shall issue a continuing writ of

  9  garnishment to the judgment debtor's employer which provides

10  for the periodic payment of a portion of the salary or wages

11  of the judgment debtor as the salary or wages become due until

12  the judgment is satisfied or until otherwise provided by court

13  order.  A debtor's status as an employee of the state or its

14  agencies or political subdivisions does not preclude a

15  judgment creditor's right to garnish the debtor's wages.  For

16  the purposes of this section, the state includes the judicial

17  branch and the legislative branch as defined in s. 216.011.

18  The state, for itself and for its agencies and subdivisions,

19  waives sovereign immunity for the express and limited purpose

20  necessary to carry out this section.  The court shall allow

21  the judgment debtor's employer to collect up to $5 against the

22  salary or wages of the judgment debtor to reimburse the

23  employer for administrative costs for the first deduction from

24  the judgment debtor's salary or wages and up to $2 for each

25  deduction thereafter.  The funds collected by the state under

26  this section must be deposited in the Department of Financial

27  Services Banking and Finance Administrative Trust Fund for

28  purposes of carrying out this section.

29         Section 111.  Section 92.39, Florida Statutes, is

30  amended to read:

31

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  1         92.39  Evidence of individual's claim against the state

  2  in suits between them.--In suits between the state and

  3  individuals, no claim for a credit shall be allowed upon

  4  trial, but such as shall appear to have been presented to the

  5  Chief Financial Officer Comptroller for his or her the

  6  Comptroller's examination, and by him or her disallowed in

  7  whole or in part, unless it shall be proved to the

  8  satisfaction of the court that the defendant is, at the time

  9  of the trial, in possession of vouchers not before in the

10  defendant's power to procure, and that the defendant was

11  prevented from exhibiting a claim for such credit at the Chief

12  Financial Officer's Comptroller's office by unavoidable

13  accident.

14         Section 112.  Subsection (4) of section 99.097, Florida

15  Statutes, is amended to read:

16         99.097  Verification of signatures on petitions.--

17         (4)  The supervisor shall be paid in advance the sum of

18  10 cents for each signature checked or the actual cost of

19  checking such signature, whichever is less, by the candidate

20  or, in the case of a petition to have an issue placed on the

21  ballot, by the person or organization submitting the petition.

22  However, if a candidate, person, or organization seeking to

23  have an issue placed upon the ballot cannot pay such charges

24  without imposing an undue burden on personal resources or upon

25  the resources otherwise available to such candidate, person,

26  or organization, such candidate, person, or organization

27  shall, upon written certification of such inability given

28  under oath to the supervisor, be entitled to have the

29  signatures verified at no charge.  In the event a candidate,

30  person, or organization submitting a petition to have an issue

31  placed upon the ballot is entitled to have the signatures

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  1  verified at no charge, the supervisor of elections of each

  2  county in which the signatures are verified at no charge shall

  3  submit the total number of such signatures checked in the

  4  county to the Chief Financial Officer Comptroller no later

  5  than December 1 of the general election year, and the Chief

  6  Financial Officer Comptroller shall cause such supervisor of

  7  elections to be reimbursed from the General Revenue Fund in an

  8  amount equal to 10 cents for each name checked or the actual

  9  cost of checking such signatures, whichever is less.  In no

10  event shall such reimbursement of costs be deemed or applied

11  as extra compensation for the supervisor.  Petitions shall be

12  retained by the supervisors for a period of 1 year following

13  the election for which the petitions were circulated.

14         Section 113.  Paragraph (a) of subsection (2) of

15  section 101.151, Florida Statutes, is amended to read:

16         101.151  Specifications for ballots.--

17         (2)(a)  The ballot shall have headings under which

18  shall appear the names of the offices and names of duly

19  nominated candidates for the respective offices in the

20  following order:  the heading "President and Vice President"

21  and thereunder the names of the candidates for President and

22  Vice President of the United States nominated by the political

23  party that received the highest vote for Governor in the last

24  general election of the Governor in this state.  Then shall

25  appear the names of other candidates for President and Vice

26  President of the United States who have been properly

27  nominated.  Votes cast for write-in candidates for President

28  and Vice President shall be counted as votes cast for the

29  presidential electors supporting such candidates.  Then shall

30  follow the heading "Congressional" and thereunder the offices

31  of United States Senator and Representative in Congress; then

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  1  the heading "State" and thereunder the offices of Governor and

  2  Lieutenant Governor, Secretary of State, Attorney General,

  3  Chief Financial Officer Comptroller, Treasurer, Commissioner

  4  of Education, Commissioner of Agriculture, state attorney, and

  5  public defender, together with the names of the candidates for

  6  each office and the title of the office which they seek; then

  7  the heading "Legislative" and thereunder the offices of state

  8  senator and state representative; then the heading "County"

  9  and thereunder clerk of the circuit court, clerk of the county

10  court (when authorized by law), sheriff, property appraiser,

11  tax collector, district superintendent of schools, and

12  supervisor of elections. Thereafter follows: members of the

13  board of county commissioners, and such other county and

14  district offices as are involved in the general election, in

15  the order fixed by the Department of State, followed, in the

16  year of their election, by "Party Offices," and thereunder the

17  offices of state and county party executive committee members.

18  In addition to the names printed on the ballot, a blank space

19  shall be provided under each heading for an office for which a

20  write-in candidate has qualified. With respect to write-in

21  candidates, if two or more candidates are seeking election to

22  one office, only one blank space shall be provided.

23         Section 114.  Subsection (6) of section 103.091,

24  Florida Statutes, is amended to read:

25         103.091  Political parties.--

26         (6)(a)1.  In addition to the members provided for in

27  subsection (1), each county executive committee shall include

28  all members of the Legislature who are residents of the county

29  and members of their respective political party and who shall

30  be known as at-large committeemen and committeewomen.

31

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  1         (b)2.  Each state executive committee shall include, as

  2  at-large committeemen and committeewomen, all members of the

  3  United States Congress representing the State of Florida who

  4  are members of the political party, all statewide elected

  5  officials who are members of the party, and the President of

  6  the Senate or the Minority Leader in the Senate, and the

  7  Speaker of the House of Representatives or the Minority Leader

  8  in the House of Representatives, whichever is a member of the

  9  political party, and 20 members of the Legislature who are

10  members of the political party.  Ten of the legislators shall

11  be appointed with the concurrence of the state chair of the

12  respective party, as follows: five to be appointed by the

13  President of the Senate; five by the Minority Leader in the

14  Senate; five by the Speaker of the House of Representatives;

15  and five by the Minority Leader in the House.

16         (c)3.  When a political party allows any member of the

17  state executive committee to have more than one vote per

18  person, other than by proxy, in a matter coming before the

19  state executive committee, the 20 members of the Legislature

20  appointed under subparagraph 2. shall not be appointed to the

21  state executive committee and the following elected officials

22  who are members of that political party shall be appointed and

23  shall have the following votes:

24         1.a.  Governor:  a number equal to 15 percent of votes

25  cast by state executive committeemen and committeewomen;

26         2.b.  Lieutenant Governor:  a number equal to 5 percent

27  of the votes cast by state executive committeemen and

28  committeewomen;

29         3.c.  Each member of the United States Senate

30  representing the state: a number equal to 10 percent of the

31  votes cast by state executive committeemen and committeewomen;

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  1         4.d.  Secretary of State:  a number equal to 5 percent

  2  of the votes cast by state executive committeemen and

  3  committeewomen;

  4         5.e.  Attorney General:  a number equal to 5 percent of

  5  the votes cast by state executive committeemen and

  6  committeewomen;

  7         6.f.  Comptroller:  a number equal to 5 percent of the

  8  votes cast by state executive committeemen and committeewomen;

  9         7.g.  Treasurer:  a number equal to 5 percent of the

10  votes cast by state executive committeemen and committeewomen;

11         8.h.  Commissioner of Agriculture:  a number equal to 5

12  percent of the votes cast by state executive committeemen and

13  committeewomen;

14         9.i.  Commissioner of Education:  a number equal to 5

15  percent of the votes cast by state executive committeemen and

16  committeewomen;

17         10.j.  President of the Senate: a number equal to 10

18  percent of the votes cast by state executive committeemen and

19  committeewomen;

20         11.k.  Minority leader of the Senate:  a number equal

21  to 10 percent of the votes cast by state executive

22  committeemen and committeewomen;

23         12.l.  Speaker of the House of Representatives:  a

24  number equal to 10 percent of the votes cast by state

25  executive committeemen and committeewomen;

26         13.m.  Minority leader of the House of Representatives:

27  a number equal to 10 percent of the votes cast by state

28  executive committeemen and committeewomen; and

29         14.n.  Each member of the United States House of

30  Representatives representing the state:  a number equal to 1

31

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  1  percent of the votes cast by state executive committeemen and

  2  committeewomen.

  3         (d)1.4.a.  The governing body of each state executive

  4  committee as defined by party rule shall include as at-large

  5  committeemen and committeewomen all statewide elected

  6  officials who are members of such political party; up to four

  7  members of the United States Congress representing the state

  8  who are members of such political party and who shall be

  9  appointed by the state chair on the basis of geographic

10  representation; the permanent presiding officer selected by

11  the members of each house of the Legislature who are members

12  of such political party; and the minority leader selected by

13  the members of each house of the Legislature who are members

14  of such political party.

15         2.b.  All members of the governing body shall have one

16  vote per person.

17         Section 115.  Section 107.11, Florida Statutes, is

18  amended to read:

19         107.11  Appropriation for expenses.--For the purpose of

20  defraying the expenses of preparing for, conducting, holding

21  and declaring the result of the election provided for by this

22  chapter and also for the purpose of defraying the expenses

23  allowed by this chapter for the holding of sessions of the

24  convention as herein provided, to be audited by the Chief

25  Financial Officer Comptroller, there is appropriated out of

26  the General Revenue Fund of the State of Florida a sufficient

27  sum of money for the payment of all amounts necessary to be

28  expended under the terms of this chapter, which sums of money

29  shall be disbursed by the State of Florida pursuant to

30  warrants drawn by the Chief Financial Officer Comptroller upon

31  the Treasurer for the payment of same.

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  1         Section 116.  Paragraph (a) of subsection (2) of

  2  section 110.1127, Florida Statutes, is amended to read:

  3         110.1127  Employee security checks.--

  4         (2)(a)  All positions within the Division of Treasury

  5  of the Department of Financial Services Insurance are deemed

  6  to be positions of special trust or responsibility, and a

  7  person may be disqualified for employment in any such position

  8  by reason of:

  9         1.  The conviction or prior conviction of a crime which

10  is reasonably related to the nature of the position sought or

11  held by the individual; or

12         2.  The entering of a plea of nolo contendere or, when

13  a jury verdict of guilty is rendered but adjudication of guilt

14  is withheld, with respect to a crime which is reasonably

15  related to the nature of the position sought or held by the

16  individual.

17         Section 117.  Subsection (1) of section 110.113,

18  Florida Statutes, is amended to read:

19         110.113  Pay periods for state officers and employees;

20  salary payments by direct deposit.--

21         (1)  The normal pay period for salaries of state

22  officers and employees shall be 1 month.  The Department of

23  Financial Services Banking and Finance shall issue either

24  monthly or biweekly salary payments by state warrants or by

25  direct deposit pursuant to s. 17.076 or make semimonthly

26  salary payments by direct deposit pursuant to s. 17.076, as

27  requested by the head of each state agency and approved by the

28  Executive Office of the Governor and the Department of

29  Financial Services Banking and Finance.

30         Section 118.  Subsection (1) of section 110.114,

31  Florida Statutes, is amended to read:

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  1         110.114  Employee wage deductions.--

  2         (1)  The state or any of its departments, bureaus,

  3  commissions, and officers are authorized and permitted, with

  4  the concurrence of the Department of Financial Services

  5  Banking and Finance, to make deductions from the salary or

  6  wage of any employee or employees in such amount as shall be

  7  authorized and requested by such employee or employees and for

  8  such purpose as shall be authorized and requested by such

  9  employee or employees and shall pay such sums so deducted as

10  directed by such employee or employees.  The concurrence of

11  the Department of Financial Services Banking and Finance shall

12  not be required for the deduction of a certified bargaining

13  agent's membership dues deductions pursuant to s. 447.303 or

14  any deductions authorized by a collective bargaining

15  agreement.

16         Section 119.  Section 110.116, Florida Statutes, is

17  amended to read:

18         110.116  Personnel information system; payroll

19  procedures.--The Department of Management Services shall

20  establish and maintain, in coordination with the payroll

21  system of the Department of Financial Services Banking and

22  Finance, a complete personnel information system for all

23  authorized and established positions in the state service,

24  with the exception of employees of the Legislature.  The

25  specifications shall be developed in conjunction with the

26  payroll system of the Department of Financial Services Banking

27  and Finance and in coordination with the Auditor General.  The

28  Department of Financial Services Banking and Finance shall

29  determine that the position occupied by each employee has been

30  authorized and established in accordance with the provisions

31  of s. 216.251.  The Department of Management Services shall

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  1  develop and maintain a position numbering system that will

  2  identify each established position, and such information shall

  3  be a part of the payroll system of the Department of Financial

  4  Services Banking and Finance.  With the exception of employees

  5  of the Legislature, this system shall include all career

  6  service positions and those positions exempted from career

  7  service provisions, notwithstanding the funding source of the

  8  salary payments, and information regarding persons receiving

  9  payments from other sources. Necessary revisions shall be made

10  in the personnel and payroll procedures of the state to avoid

11  duplication insofar as is feasible.  A list shall be organized

12  by budget entity to show the employees or vacant positions

13  within each budget entity.  This list shall be available to

14  the Speaker of the House of Representatives and the President

15  of the Senate upon request.

16         Section 120.  Paragraph (a) of subsection (3) and

17  paragraph (b) of subsection (6) of section 110.1227, Florida

18  Statutes, are amended to read:

19         110.1227  Florida Employee Long-Term-Care Plan Act.--

20         (3)  The Department of Management Services and the

21  department shall, in consultation with public employers and

22  employees and representatives from unions and associations

23  representing state, university, local government, and other

24  public employees, establish and supervise the implementation

25  and administration of a self-funded or fully insured

26  long-term-care plan entitled "Florida Employee Long-Term-Care

27  Plan."

28         (a)  The Department of Management Services and the

29  department shall, in consultation with the Department of

30  Financial Services Insurance, contract for actuarial,

31

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  1  professional-administrator, and other services for the Florida

  2  Employee Long-Term-Care Plan.

  3         (6)  A Florida Employee Long-Term-Care Plan Board of

  4  Directors is created, composed of nine members who shall serve

  5  2-year terms, to be appointed after May 1, 1999, as follows:

  6         (b)  The Chief Financial Officer Insurance Commissioner

  7  shall appoint an actuary.

  8         Section 121.  Paragraph (f) of subsection (5) of

  9  section 110.1228, Florida Statutes, is amended to read:

10         110.1228  Participation by small counties, small

11  municipalities, and district school boards located in small

12  counties.--

13         (5)  If the department determines that a small county,

14  small municipality, or district school board is eligible to

15  enroll, the small county, small municipality, or district

16  school board must agree to the following terms and conditions:

17         (f)  If a small county, small municipality, or district

18  school board employer fails to make the payments required by

19  this section to fully reimburse the state, the Department of

20  Revenue or the Department of Financial Services Banking and

21  Finance shall, upon the request of the Department of

22  Management Services, deduct the amount owed by the employer

23  from any funds not pledged to bond debt service satisfaction

24  that are to be distributed by it to the small county, small

25  municipality, or district school board. The amounts so

26  deducted shall be transferred to the Department of Management

27  Services for further distribution to the trust funds in

28  accordance with this chapter.

29         Section 122.  Paragraph (f) of subsection (4) and

30  paragraphs (b) and (c) of subsection (5) of section 110.123,

31  Florida Statutes, are amended to read:

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  1         110.123  State group insurance program.--

  2         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

  3  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

  4         (f)  Pursuant to the request of each state officer,

  5  full-time or part-time state employee, or retiree

  6  participating in the state group insurance program, and upon

  7  certification of the employing agency approved by the

  8  department, the Chief Financial Officer Comptroller shall

  9  deduct from the salary or retirement warrant payable to each

10  participant the amount so certified and shall handle such

11  deductions in accordance with rules established by the

12  department.

13         (5)  DEPARTMENT POWERS AND DUTIES.--The department is

14  responsible for the administration of the state group

15  insurance program.  The department shall initiate and

16  supervise the program as established by this section and shall

17  adopt such rules as are necessary to perform its

18  responsibilities.  To implement this program, the department

19  shall, with prior approval by the Legislature:

20         (b)  Prepare, in cooperation with the Department of

21  Financial Services Insurance, the specifications necessary to

22  implement the program.

23         (c)  Contract on a competitive proposal basis with an

24  insurance carrier or carriers, or professional administrator,

25  determined by the Department of Financial Services Insurance

26  to be fully qualified, financially sound, and capable of

27  meeting all servicing requirements.  Alternatively, the

28  department may self-insure any plan or plans contained in the

29  state group insurance program subject to approval based on

30  actuarial soundness by the Department of Financial Services

31  Insurance.  The department may contract with an insurance

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  1  company or professional administrator qualified and approved

  2  by the Department of Financial Services Insurance to

  3  administer such plan. Before entering into any contract, the

  4  department shall advertise for competitive proposals, and such

  5  contract shall be let upon the consideration of the benefits

  6  provided in relationship to the cost of such benefits. In

  7  determining which entity to contract with, the department

  8  shall, at a minimum, consider:  the entity's previous

  9  experience and expertise in administering group insurance

10  programs of the type it proposes to administer; the entity's

11  ability to specifically perform its contractual obligations in

12  this state and other governmental jurisdictions; the entity's

13  anticipated administrative costs and claims experience; the

14  entity's capability to adequately provide service coverage and

15  sufficient number of experienced and qualified personnel in

16  the areas of claims processing, recordkeeping, and

17  underwriting, as determined by the department; the entity's

18  accessibility to state employees and providers; the financial

19  solvency of the entity, using accepted business sector

20  measures of financial performance. The department may contract

21  for medical services which will improve the health or reduce

22  medical costs for employees who participate in the state group

23  insurance plan.

24

25  Final decisions concerning enrollment, the existence of

26  coverage, or covered benefits under the state group insurance

27  program shall not be delegated or deemed to have been

28  delegated by the department.

29         Section 123.  Section 110.125, Florida Statutes, is

30  amended to read:

31

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  1         110.125  Administrative costs.--The administrative

  2  expenses and costs of operating the personnel program

  3  established by this chapter shall be paid by the various

  4  agencies of the state government, and each such agency shall

  5  include in its budget estimates its pro rata share of such

  6  cost as determined by the Department of Management Services.

  7  To establish an equitable division of the costs, the amount to

  8  be paid by each agency shall be determined in such proportion

  9  as the service rendered to each agency bears to the total

10  service rendered under the provisions of this chapter.  The

11  amounts paid to the Department of Management Services which

12  are attributable to positions within the Senior Management

13  Service and the Selected Professional Service shall be used

14  for the administration of such services, training activities

15  for positions within those services, and the development and

16  implementation of a database of pertinent historical

17  information on exempt positions.  Should any state agency

18  become more than 90 days delinquent in payment of this

19  obligation, the department shall certify to the Chief

20  Financial Officer Comptroller the amount due and the Chief

21  Financial Officer Comptroller shall transfer the amount due to

22  the department from any debtor agency funds available.

23         Section 124.  Paragraph (a) of subsection (1) of

24  section 110.181, Florida Statutes, is amended to read:

25         110.181  Florida State Employees' Charitable

26  Campaign.--

27         (1)  CREATION AND ORGANIZATION OF CAMPAIGN.--

28         (a)  The Department of Management Services shall

29  establish and maintain, in coordination with the payroll

30  system of the Department of Financial Services Banking and

31  Finance, an annual Florida State Employees' Charitable

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  1  Campaign.  Except as provided in subsection (5), this annual

  2  fundraising drive is the only authorized charitable

  3  fundraising drive directed toward state employees within work

  4  areas during work hours, and for which the state will provide

  5  payroll deduction.

  6         Section 125.  Subsection (1) of section 110.2037,

  7  Florida Statutes, is amended to read:

  8         110.2037  Alternative benefits; tax-sheltered annual

  9  leave and sick leave payments and special compensation

10  payments.--

11         (1)  The Department of Management Services has

12  authority to adopt tax-sheltered plans under s. 401(a) of the

13  Internal Revenue Code for state employees who are eligible for

14  payment for accumulated leave. The department, upon adoption

15  of the plans, shall contract for a private vendor or vendors

16  to administer the plans. These plans shall be limited to state

17  employees who are over age 55 and who are: eligible for

18  accumulated leave and special compensation payments and

19  separating from employment with 10 years of service in

20  accordance with the Internal Revenue Code, or who are

21  participating in the Deferred Retirement Option Program on or

22  after July 1, 2001. The plans must provide benefits in a

23  manner that minimizes the tax liability of the state and

24  participants. The plans must be funded by employer

25  contributions of payments for accumulated leave or special

26  compensation payments, or both, as specified by the

27  department. The plans must have received all necessary federal

28  and state approval as required by law, must not adversely

29  impact the qualified status of the Florida Retirement System

30  defined benefit or defined contribution plans or the pretax

31  benefits program, and must comply with the provisions of s.

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  1  112.65. Adoption of any plan is contingent on: the department

  2  receiving appropriate favorable rulings from the Internal

  3  Revenue Service; the department negotiating under the

  4  provisions of chapter 447, where applicable; and the Chief

  5  Financial Officer Comptroller making appropriate changes to

  6  the state payroll system. The department's request for

  7  proposals by vendors for such plans may require that the

  8  vendors provide market-risk or volatility ratings from

  9  recognized rating agencies for each of their investment

10  products. The department shall provide for a system of

11  continuous quality assurance oversight to ensure that the

12  program objectives are achieved and that the program is

13  prudently managed.

14         Section 126.  Subsection (6) of section 110.205,

15  Florida Statutes, is amended to read:

16         110.205  Career service; exemptions.--

17         (6)  EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY

18  PROGRAM, DEPARTMENT OF FINANCIAL SERVICES INSURANCE.--In

19  addition to those positions exempted from this part, there is

20  hereby exempted from the Career Service System the chief

21  inspector of the boiler inspection program of the Department

22  of Financial Services Insurance. The salary range of this

23  position shall be established by the Department of Management

24  Services in accordance with the classification and pay plan

25  established for the Selected Exempt Service.

26         Section 127.  Paragraph (b) of subsection (5),

27  paragraph (b) of subsection (7), paragraph (b) of subsection

28  (8), and subsections (9), (11), and (13) of section 112.061,

29  Florida Statutes, are amended to read:

30         112.061  Per diem and travel expenses of public

31  officers, employees, and authorized persons.--

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  1         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

  2  purposes of reimbursement and methods of calculating

  3  fractional days of travel, the following principles are

  4  prescribed:

  5         (b)  A traveler shall not be reimbursed on a per diem

  6  basis for Class C travel, but shall receive subsistence as

  7  provided in this section, which allowance for meals shall be

  8  based on the following schedule:

  9         1.  Breakfast--When travel begins before 6 a.m. and

10  extends beyond 8 a.m.

11         2.  Lunch--When travel begins before 12 noon and

12  extends beyond 2 p.m.

13         3.  Dinner--When travel begins before 6 p.m. and

14  extends beyond 8 p.m., or when travel occurs during nighttime

15  hours due to special assignment.

16

17  No allowance shall be made for meals when travel is confined

18  to the city or town of the official headquarters or immediate

19  vicinity; except assignments of official business outside the

20  traveler's regular place of employment if travel expenses are

21  approved.  The Chief Financial Officer Comptroller shall

22  establish a schedule for processing Class C travel subsistence

23  payments at least on a monthly basis.

24         (7)  TRANSPORTATION.--

25         (b)  The Department of Financial Services Banking and

26  Finance may provide any form it deems necessary to cover

27  travel requests for traveling on official business and when

28  paid by the state.

29         (8)  OTHER EXPENSES.--

30         (b)  Other expenses which are not specifically

31  authorized by this section may be approved by the Department

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  1  of Financial Services Banking and Finance pursuant to rules

  2  adopted by it.  Expenses approved pursuant to this paragraph

  3  shall be reported by the Department of Financial Services

  4  Banking and Finance to the Auditor General annually.

  5         (9)  RULES AND REGULATIONS.--

  6         (a)  The Department of Financial Services Banking and

  7  Finance shall adopt promulgate such rules and regulations,

  8  including, but not limited to, the general criteria to be used

  9  by a state agency to predetermine justification for attendance

10  by state officers and employees and authorized persons at

11  conventions and conferences, and prescribe such forms as may

12  be necessary to effectuate the purposes of this section.  The

13  department may also adopt rules prescribing the proper

14  disposition and use of promotional items and rebates offered

15  by common carriers and other entities in connection with

16  travel at public expense; however, before adopting such rules,

17  the department shall consult with the appropriation committees

18  of the Legislature.

19         (b)  Each state agency shall promulgate such additional

20  specific rules and regulations and specific criteria to be

21  used by it to predetermine justification for attendance by

22  state officers and employees and authorized persons at

23  conventions and conferences, not in conflict with the rules

24  and regulations of the Department of Financial Services

25  Banking and Finance or with the general criteria to be used by

26  a state agency to predetermine justification for attendance by

27  state officers and employees and authorized persons at

28  conventions, as may be necessary to effectuate the purposes of

29  this section.

30         (11)  TRAVEL AUTHORIZATION AND VOUCHER FORMS.--

31

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  1         (a)  Authorization forms.--The Department of Financial

  2  Services Banking and Finance shall furnish a uniform travel

  3  authorization request form which shall be used by all state

  4  officers and employees and authorized persons when requesting

  5  approval for the performance of travel to a convention or

  6  conference.  The form shall include, but not be limited to,

  7  provision for the name of each traveler, purpose of travel,

  8  period of travel, estimated cost to the state, and a statement

  9  of benefits accruing to the state by virtue of such travel.  A

10  copy of the program or agenda of the convention or conference,

11  itemizing registration fees and any meals or lodging included

12  in the registration fee, shall be attached to, and filed with,

13  the copy of the travel authorization request form on file with

14  the agency.  The form shall be signed by the traveler and by

15  the traveler's supervisor stating that the travel is to be

16  incurred in connection with official business of the state.

17  The head of the agency or his or her designated representative

18  shall not authorize or approve such request in the absence of

19  the appropriate signatures. A copy of the travel authorization

20  form shall be attached to, and become a part of, the support

21  of the agency's copy of the travel voucher.

22         (b)  Voucher forms.--

23         1.  The Department of Financial Services Banking and

24  Finance shall furnish a uniform travel voucher form which

25  shall be used by all state officers and employees and

26  authorized persons when submitting travel expense statements

27  for approval and payment.  No travel expense statement shall

28  be approved for payment by the Chief Financial Officer

29  Comptroller unless made on the form prescribed and furnished

30  by the department. The travel voucher form shall provide for,

31  among other things, the purpose of the official travel and a

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  1  certification or affirmation, to be signed by the traveler,

  2  indicating the truth and correctness of the claim in every

  3  material matter, that the travel expenses were actually

  4  incurred by the traveler as necessary in the performance of

  5  official duties, that per diem claimed has been appropriately

  6  reduced for any meals or lodging included in the convention or

  7  conference registration fees claimed by the traveler, and that

  8  the voucher conforms in every respect with the requirements of

  9  this section.  The original copy of the executed uniform

10  travel authorization request form shall be attached to the

11  uniform travel voucher on file with the respective agency.

12         2.  Statements for travel expenses incidental to the

13  rendering of medical services for and on behalf of clients of

14  the Department of Health shall be on forms approved by the

15  Department of Financial Services Banking and Finance.

16         (13)  DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever

17  an agency requires an employee to incur either Class A or

18  Class B travel on emergency notice to the traveler, such

19  traveler may request the agency to pay his or her expenses for

20  meals and lodging directly to the vendor, and the agency may

21  pay the vendor the actual expenses for meals and lodging

22  during the travel period, limited to an amount not to exceed

23  that authorized pursuant to this section. In emergency

24  situations, the agency head or his or her designee may

25  authorize an increase in the amount paid for a specific meal,

26  provided that the total daily cost of meals does not exceed

27  the total amount authorized for meals each day.  The agency

28  head or his or her designee may also grant prior approval for

29  a state agency to make direct payments of travel expenses in

30  other situations that result in cost savings to the state, and

31  such cost savings shall be documented in the voucher submitted

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  1  to the Chief Financial Officer Comptroller for the direct

  2  payment of travel expenses.  The provisions of this subsection

  3  shall not be deemed to apply to any legislator or to any

  4  employee of the Legislature.

  5         Section 128.  Subsections (2), (5), and (6) of section

  6  112.08, Florida Statutes, are amended to read:

  7         112.08  Group insurance for public officers, employees,

  8  and certain volunteers; physical examinations.--

  9         (2)(a)  Every local governmental unit is authorized to

10  provide and pay out of its available funds for all or part of

11  the premium for life, health, accident, hospitalization, legal

12  expense, or annuity insurance, or all or any kinds of such

13  insurance, for the officers and employees of the local

14  governmental unit and for health, accident, hospitalization,

15  and legal expense insurance for the dependents of such

16  officers and employees upon a group insurance plan and, to

17  that end, to enter into contracts with insurance companies or

18  professional administrators to provide such insurance.  Before

19  entering any contract for insurance, the local governmental

20  unit shall advertise for competitive bids; and such contract

21  shall be let upon the basis of such bids. If a contracting

22  health insurance provider becomes financially impaired as

23  determined by the Department of Financial Services Insurance

24  or otherwise fails or refuses to provide the contracted-for

25  coverage or coverages, the local government may purchase

26  insurance, enter into risk management programs, or contract

27  with third-party administrators and may make such acquisitions

28  by advertising for competitive bids or by direct negotiations

29  and contract. The local governmental unit may undertake

30  simultaneous negotiations with those companies which have

31  submitted reasonable and timely bids and are found by the

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  1  local governmental unit to be fully qualified and capable of

  2  meeting all servicing requirements.  Each local governmental

  3  unit may self-insure any plan for health, accident, and

  4  hospitalization coverage or enter into a risk management

  5  consortium to provide such coverage, subject to approval based

  6  on actuarial soundness by the Department of Financial Services

  7  Insurance; and each shall contract with an insurance company

  8  or professional administrator qualified and approved by the

  9  Department of Financial Services Insurance to administer such

10  a plan.

11         (b)  In order to obtain approval from the Department of

12  Insurance of any self-insured plan for health, accident, and

13  hospitalization coverage, each local governmental unit or

14  consortium shall submit its plan along with a certification as

15  to the actuarial soundness of the plan, which certification is

16  prepared by an actuary who is a member of the Society of

17  Actuaries or the American Academy of Actuaries. The Department

18  of Financial Services Insurance shall not approve the plan

19  unless it determines that the plan is designed to provide

20  sufficient revenues to pay current and future liabilities, as

21  determined according to generally accepted actuarial

22  principles.  After implementation of an approved plan, each

23  local governmental unit or consortium shall annually submit to

24  the Department of Financial Services Insurance a report which

25  includes a statement prepared by an actuary who is a member of

26  the Society of Actuaries or the American Academy of Actuaries

27  as to the actuarial soundness of the plan.  The report is due

28  90 days after the close of the fiscal year of the plan.  The

29  report shall consist of, but is not limited to:

30         1.  The adequacy of contribution rates in meeting the

31  level of benefits provided and the changes, if any, needed in

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  1  the contribution rates to achieve or preserve a level of

  2  funding deemed adequate to enable payment of the benefit

  3  amounts provided under the plan and a valuation of present

  4  assets, based on statement value, and prospective assets and

  5  liabilities of the plan and the extent of any unfunded accrued

  6  liabilities.

  7         2.  A plan to amortize any unfunded liabilities and a

  8  description of actions taken to reduce unfunded liabilities.

  9         3.  A description and explanation of actuarial

10  assumptions.

11         4.  A schedule illustrating the amortization of any

12  unfunded liabilities.

13         5.  A comparative review illustrating the level of

14  funds available to the plan from rates, investment income, and

15  other sources realized over the period covered by the report

16  with the assumptions used.

17         6.  A statement by the actuary that the report is

18  complete and accurate and that in the actuary's opinion the

19  techniques and assumptions used are reasonable and meet the

20  requirements and intent of this subsection.

21         7.  Other factors or statements as required by the

22  Department of Insurance in order to determine the actuarial

23  soundness of the plan.

24

25  All assumptions used in the report shall be based on

26  recognized actuarial principles acceptable to the Department

27  of Financial Services Insurance. The Department of Financial

28  Services Insurance shall review the report and shall notify

29  the administrator of the plan and each entity participating in

30  the plan, as identified by the administrator, of any actuarial

31  deficiencies.  Each local governmental unit is responsible for

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  1  payment of valid claims of its employees that are not paid

  2  within 60 days after receipt by the plan administrator or

  3  consortium.

  4         (c)  Every local governmental unit is authorized to

  5  expend funds for preemployment physical examinations and

  6  postemployment physical examinations.

  7         (5)  The Department of Management Services shall

  8  initiate and supervise a group insurance program providing

  9  death and disability benefits for active members of the

10  Florida Highway Patrol Auxiliary, with coverage beginning July

11  1, 1978, and purchased from state funds appropriated for that

12  purpose.  The Department of Management Services, in

13  cooperation with the Department of Financial Services

14  Insurance, shall prepare specifications necessary to implement

15  the program, and the Department of Management Services shall

16  receive bids and award the contract in accordance with general

17  law.

18         (6)  The Department of Financial Services Insurance is

19  authorized to adopt rules to carry out the provisions of this

20  section as they pertain to its duties.

21         Section 129.  Paragraph (h) of subsection (2) of

22  section 112.191, Florida Statutes, is amended to read:

23         112.191  Firefighters; death benefits.--

24         (2)

25         (h)  The Division of the State Fire Marshal within the

26  Department of Financial Services Insurance is directed to

27  adopt promulgate rules as are necessary to implement the

28  provisions of this section.

29         Section 130.  Subsection (4), paragraph (a) of

30  subsection (6), paragraphs (a), (d), (f), and (h) of

31  subsection (8), paragraph (b) of subsection (10), and

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  1  subsections (11) and (12) of section 112.215, Florida

  2  Statutes, are amended to read:

  3         112.215  Government employees; deferred compensation

  4  program.--

  5         (4)(a)  The Chief Financial Officer Treasurer, with the

  6  approval of the State Board of Administration, shall establish

  7  such plan or plans of deferred compensation for state

  8  employees, including all such investment vehicles or products

  9  incident thereto, as may be available through, or offered by,

10  qualified companies or persons, and may approve one or more

11  such plans for implementation by and on behalf of the state

12  and its agencies and employees.

13         (b)  If the Chief Financial Officer Treasurer deems it

14  advisable, he or she shall have the power, with the approval

15  of the State Board of Administration, to create a trust or

16  other special funds for the segregation of funds or assets

17  resulting from compensation deferred at the request of

18  employees of the state or its agencies and for the

19  administration of such program.

20         (c)  The Chief Financial Officer Treasurer, with the

21  approval of the State Board of Administration, may delegate

22  responsibility for administration of the plan to a person the

23  Chief Financial Officer Treasurer determines to be qualified,

24  compensate such person, and, directly or through such person

25  or pursuant to a collective bargaining agreement, contract

26  with a private corporation or institution to provide such

27  services as may be part of any such plan or as may be deemed

28  necessary or proper by the Chief Financial Officer Treasurer

29  or such person, including, but not limited to, providing

30  consolidated billing, individual and collective recordkeeping

31  and accountings, asset purchase, control, and safekeeping, and

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  1  direct disbursement of funds to employees or other

  2  beneficiaries. The Chief Financial Officer Treasurer may

  3  authorize a person, private corporation, or institution to

  4  make direct disbursement of funds under the plan to an

  5  employee or other beneficiary only upon the order of the

  6  Comptroller to the Treasurer.

  7         (d)  In accordance with such approved plan, and upon

  8  contract or agreement with an eligible employee, deferrals of

  9  compensation may be accomplished by payroll deductions made by

10  the appropriate officer or officers of the state, with such

11  funds being thereafter held and administered in accordance

12  with the plan.

13         (6)(a)  No deferred compensation plan of the state

14  shall become effective until approved by the State Board of

15  Administration and the Chief Financial Officer Treasurer is

16  satisfied by opinion from such federal agency or agencies as

17  may be deemed necessary that the compensation deferred

18  thereunder and/or the investment products purchased pursuant

19  to the plan will not be included in the employee's taxable

20  income under federal or state law until it is actually

21  received by such employee under the terms of the plan, and

22  that such compensation will nonetheless be deemed compensation

23  at the time of deferral for the purposes of social security

24  coverage, for the purposes of the state retirement system, and

25  for any other retirement, pension, or benefit program

26  established by law.

27         (8)(a)  There is hereby created a Deferred Compensation

28  Advisory Council composed of six seven members.

29         1.  One member shall be appointed by the Speaker of the

30  House of Representatives and the President of the Senate

31  jointly and shall be an employee of the legislative branch.

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  1         2.  One member shall be appointed by the Chief Justice

  2  of the Supreme Court and shall be an employee of the judicial

  3  branch.

  4         3.  One member shall be appointed by the chair of the

  5  Public Employees Relations Commission and shall be a nonexempt

  6  public employee.

  7         4.  The remaining four members shall be employed by the

  8  executive branch and shall be appointed as follows:

  9         a.  One member shall be appointed by the Chancellor of

10  the State University System and shall be an employee of the

11  university system.

12         b.  One member shall be appointed by the Chief

13  Financial Officer Treasurer and shall be an employee of the

14  Chief Financial Officer Treasurer.

15         c.  One member shall be appointed by the Governor and

16  shall be an employee of the executive branch.

17         d.  One member shall be appointed by the Comptroller

18  and shall be an employee of the Comptroller.

19         (d)  The council shall meet at the call of its chair,

20  at the request of a majority of its membership, or at the

21  request of the Chief Financial Officer Treasurer, but not less

22  than twice a year.  The business of the council shall be

23  presented to the council in the form of an agenda.  The agenda

24  shall be set by the Chief Financial Officer Treasurer and

25  shall include items of business requested by the council

26  members.

27         (f)  The council shall make a report of each meeting to

28  the Chief Financial Officer Treasurer, which shall show the

29  names of the members present and shall include a record of its

30  discussions, recommendations, and actions taken.  The Chief

31  Financial Officer Treasurer shall keep the records of the

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  1  proceedings of each meeting on file and shall make the records

  2  available to any interested person or group.

  3         (h)  The advisory council shall provide assistance and

  4  recommendations to the Chief Financial Officer Treasurer

  5  relating to the provisions of the plan, the insurance or

  6  investment options to be offered under the plan, and any other

  7  contracts or appointments deemed necessary by the council and

  8  the Chief Financial Officer Treasurer to carry out the

  9  provisions of this act.  The Chief Financial Officer Treasurer

10  shall inform the council of the manner in which each council

11  recommendation is being addressed.  The Chief Financial

12  Officer Treasurer shall provide the council, at least

13  annually, a report on the status of the deferred compensation

14  program, including, but not limited to, information on

15  participant enrollment, amount of compensation deferred, total

16  plan assets, product provider performance, and participant

17  satisfaction with the program.

18         (10)

19         (b)1.  There is created in the State Treasury the

20  Deferred Compensation Trust Fund, through which the Chief

21  Financial Officer Treasurer as trustee shall hold moneys,

22  pensions, annuities, or other benefits accrued or accruing

23  under and pursuant to 26 U.S.C. s. 457 and the deferred

24  compensation plan provided for therein and adopted by this

25  state; and

26         a.  All amounts of compensation deferred thereunder;

27         b.  All property and rights purchased with such

28  amounts; and

29         c.  All income attributable to such amounts, property,

30  or rights.

31

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  1         2.  Notwithstanding the mandates of 26 U.S.C. s.

  2  457(b)(6), all of the assets specified in subparagraph 1.

  3  shall be held in trust for the exclusive benefit of

  4  participants and their beneficiaries as mandated by 26 U.S.C.

  5  s. 457(g)(1).

  6         (11)  With respect to any funds held pursuant to a

  7  deferred compensation plan, any plan provider which is a bank

  8  or savings association and which provides time deposit

  9  accounts and certificates of deposit as an investment product

10  to the plan participants may, with the approval of the State

11  Board of Administration for providers in the state plan, or

12  with the approval of the appropriate official or body

13  designated under subsection (5) for a plan of a county,

14  municipality, other political subdivision, or constitutional

15  county officer, be exempt from the provisions of chapter 280

16  requiring it to be a qualified public depository, provided:

17         (a)  The bank or savings association shall, to the

18  extent that the time deposit accounts or certificates of

19  deposit are not insured by the Federal Deposit Insurance

20  Corporation or the Federal Savings and Loan Insurance

21  Corporation, pledge collateral with the Chief Financial

22  Officer Treasurer for all state funds held by it under a

23  deferred compensation plan, or with such other appropriate

24  official for all public funds held by it under a deferred

25  compensation plan of a county, municipality, other political

26  subdivision, or constitutional county officer, in an amount

27  which equals at least 150 percent of all uninsured deferred

28  compensation funds then held.

29         (b)  Said collateral shall be of the kind permitted by

30  s. 280.13 and shall be pledged in the manner provided for by

31  the applicable provisions of chapter 280.

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  1

  2  The Chief Financial Officer Treasurer shall have all the

  3  applicable powers provided in ss. 280.04, 280.05, and 280.08

  4  relating to the sale or other disposition of the pledged

  5  collateral.

  6         (12)  The Chief Financial Officer Treasurer may adopt

  7  any rule necessary to administer and implement this act with

  8  respect to deferred compensation plans for state employees.

  9         Section 131.  Paragraph (h) of subsection (4) of

10  section 112.3144, Florida Statutes, is amended to read:

11         112.3144  Full and public disclosure of financial

12  interests.--

13         (4)  Forms for compliance with the full and public

14  disclosure requirements of s. 8, Art. II of the State

15  Constitution shall be created by the Commission on Ethics. The

16  commission shall give notice of disclosure deadlines and

17  delinquencies and distribute forms in the following manner:

18         (h)  Notwithstanding any provision of chapter 120, any

19  fine imposed under this subsection which is not waived by

20  final order of the commission and which remains unpaid more

21  than 60 days after the notice of payment due or more than 60

22  days after the commission renders a final order on the appeal

23  must be submitted to the Department of Financial Services

24  Banking and Finance as a claim, debt, or other obligation owed

25  to the state, and the department shall assign the collection

26  of such fine to a collection agent as provided in s. 17.20.

27         Section 132.  Paragraph (i) of subsection (6) of

28  section 112.3145, Florida Statutes, is amended to read:

29         112.3145  Disclosure of financial interests and clients

30  represented before agencies.--

31

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  1         (6)  Forms for compliance with the disclosure

  2  requirements of this section and a current list of persons

  3  subject to disclosure shall be created by the commission and

  4  provided to each supervisor of elections. The commission and

  5  each supervisor of elections shall give notice of disclosure

  6  deadlines and delinquencies and distribute forms in the

  7  following manner:

  8         (i)  Notwithstanding any provision of chapter 120, any

  9  fine imposed under this subsection which is not waived by

10  final order of the commission and which remains unpaid more

11  than 60 days after the notice of payment due or more than 60

12  days after the commission renders a final order on the appeal

13  must be submitted to the Department of Financial Services

14  Banking and Finance as a claim, debt, or other obligation owed

15  to the state, and the department shall assign the collection

16  of such a fine to a collection agent as provided in s. 17.20.

17         Section 133.  Paragraph (c) of subsection (9) of

18  section 112.3189, Florida Statutes, is amended to read:

19         112.3189  Investigative procedures upon receipt of

20  whistle-blower information from certain state employees.--

21         (9)

22         (c)  The Chief Inspector General shall transmit any

23  final report under this section, any comments provided by the

24  complainant, and any appropriate comments or recommendations

25  by the Chief Inspector General to the Governor, to the Joint

26  Legislative Auditing Committee, to the investigating agency,

27  and to the Chief Financial Officer Comptroller.

28         Section 134.  Paragraph (e) of subsection (3) of

29  section 112.31895, Florida Statutes, is amended to read:

30         112.31895  Investigative procedures in response to

31  prohibited personnel actions.--

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  1         (3)  CORRECTIVE ACTION AND TERMINATION OF

  2  INVESTIGATION.--

  3         (e)1.  The Florida Commission on Human Relations may

  4  request an agency or circuit court to order a stay, on such

  5  terms as the court requires, of any personnel action for 45

  6  days if the Florida Commission on Human Relations determines

  7  that reasonable grounds exist to believe that a prohibited

  8  personnel action has occurred, is occurring, or is to be

  9  taken.  The Florida Commission on Human Relations may request

10  that such stay be extended for appropriate periods of time.

11         2.  If, in connection with any investigation, the

12  Florida Commission on Human Relations determines that

13  reasonable grounds exist to believe that a prohibited action

14  has occurred, is occurring, or is to be taken which requires

15  corrective action, the Florida Commission on Human Relations

16  shall report the determination together with any findings or

17  recommendations to the agency head and may report that

18  determination and those findings and recommendations to the

19  Governor and the Chief Financial Officer Comptroller. The

20  Florida Commission on Human Relations may include in the

21  report recommendations for corrective action to be taken.

22         3.  If, after 20 days, the agency does not implement

23  the recommended action, the Florida Commission on Human

24  Relations shall terminate the investigation and notify the

25  complainant of the right to appeal under subsection (4), or

26  may petition the agency for corrective action under this

27  subsection.

28         4.  If the Florida Commission on Human Relations finds,

29  in consultation with the individual subject to the prohibited

30  action, that the agency has implemented the corrective action,

31  the commission shall file such finding with the agency head,

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  1  together with any written comments that the individual

  2  provides, and terminate the investigation.

  3         Section 135.  Paragraph (f) of subsection (5) of

  4  section 112.3215, Florida Statutes, is amended to read:

  5         112.3215  Lobbyists before the executive branch or the

  6  Constitution Revision Commission; registration and reporting;

  7  investigation by commission.--

  8         (5)

  9         (f)  The commission shall provide by rule a procedure

10  by which a lobbyist who fails to timely file a report shall be

11  notified and assessed fines.  The rule shall provide for the

12  following:

13         1.  Upon determining that the report is late, the

14  person designated to review the timeliness of reports shall

15  immediately notify the lobbyist as to the failure to timely

16  file the report and that a fine is being assessed for each

17  late day. The fine shall be $50 per day per report for each

18  late day up to a maximum of $5,000 per late report.

19         2.  Upon receipt of the report, the person designated

20  to review the timeliness of reports shall determine the amount

21  of the fine due based upon the earliest of the following:

22         a.  When a report is actually received by the lobbyist

23  registration and reporting office.

24         b.  When the report is postmarked.

25         c.  When the certificate of mailing is dated.

26         d.  When the receipt from an established courier

27  company is dated.

28         3.  Such fine shall be paid within 30 days after the

29  notice of payment due is transmitted by the Lobbyist

30  Registration Office, unless appeal is made to the commission.

31

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  1  The moneys shall be deposited into the Executive Branch Lobby

  2  Registration Trust Fund.

  3         4.  A fine shall not be assessed against a lobbyist the

  4  first time any reports for which the lobbyist is responsible

  5  are not timely filed. However, to receive the one-time fine

  6  waiver, all reports for which the lobbyist is responsible must

  7  be filed within 30 days after the notice that any reports have

  8  not been timely filed is transmitted by the Lobbyist

  9  Registration Office. A fine shall be assessed for any

10  subsequent late-filed reports.

11         5.  Any lobbyist may appeal or dispute a fine, based

12  upon unusual circumstances surrounding the failure to file on

13  the designated due date, and may request and shall be entitled

14  to a hearing before the commission, which shall have the

15  authority to waive the fine in whole or in part for good cause

16  shown.  Any such request shall be made within 30 days after

17  the notice of payment due is transmitted by the Lobbyist

18  Registration Office.  In such case, the lobbyist shall, within

19  the 30-day period, notify the person designated to review the

20  timeliness of reports in writing of his or her intention to

21  bring the matter before the commission.

22         6.  The person designated to review the timeliness of

23  reports shall notify the commission of the failure of a

24  lobbyist to file a report after notice or of the failure of a

25  lobbyist to pay the fine imposed.

26         7.  Notwithstanding any provision of chapter 120, any

27  fine imposed under this subsection that is not waived by final

28  order of the commission and that remains unpaid more than 60

29  days after the notice of payment due or more than 60 days

30  after the commission renders a final order on the lobbyist's

31  appeal shall be collected by the Department of Financial

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  1  Services Banking and Finance as a claim, debt, or other

  2  obligation owed to the state, and the department may assign

  3  the collection of such fine to a collection agent as provided

  4  in s. 17.20.

  5         Section 136.  Subsection (4) of section 112.63, Florida

  6  Statutes, is amended to read:

  7         112.63  Actuarial reports and statements of actuarial

  8  impact; review.--

  9         (4)  Upon receipt, pursuant to subsection (2), of an

10  actuarial report, or upon receipt, pursuant to subsection (3),

11  of a statement of actuarial impact, the Department of

12  Management Services shall acknowledge such receipt, but shall

13  only review and comment on each retirement system's or plan's

14  actuarial valuations at least on a triennial basis.  If the

15  department finds that the actuarial valuation is not complete,

16  accurate, or based on reasonable assumptions, or if the

17  department does not receive the actuarial report or statement

18  of actuarial impact, the department shall notify the local

19  government and request appropriate adjustment. If, after a

20  reasonable period of time, a satisfactory adjustment is not

21  made, the affected local government or the department may

22  petition for a hearing under the provisions of ss. 120.569 and

23  120.57. If the administrative law judge recommends in favor of

24  the department, the department shall perform an actuarial

25  review or prepare the statement of actuarial impact. The cost

26  to the department of performing such actuarial review or

27  preparing such statement shall be charged to the governmental

28  entity of which the employees are covered by the retirement

29  system or plan.  If payment of such costs is not received by

30  the department within 60 days after receipt by the

31  governmental entity of the request for payment, the department

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  1  shall certify to the Chief Financial Officer Comptroller the

  2  amount due, and the Chief Financial Officer Comptroller shall

  3  pay such amount to the department from any funds payable to

  4  the governmental entity of which the employees are covered by

  5  the retirement system or plan.  If the administrative law

  6  judge recommends in favor of the local retirement system and

  7  the department performs an actuarial review, the cost to the

  8  department of performing the actuarial review shall be paid by

  9  the department.

10         Section 137.  Section 114.03, Florida Statutes, is

11  amended to read:

12         114.03  Certain executive officers not to absent

13  themselves from the state.--The Secretary of State, Attorney

14  General, Chief Financial Officer Comptroller, Treasurer,

15  Commissioner of Education, and Commissioner of Agriculture

16  shall reside at the capital, and no member of the Cabinet

17  shall absent himself or herself from the state for a period of

18  60 consecutive days or more without the consent of the

19  Governor and a majority of the Cabinet.  If a Cabinet officer

20  should refuse or fail to comply with and observe the

21  requirements of this section, his or her office may be deemed

22  vacant pursuant to paragraph (f) or paragraph (g) of s.

23  114.01(1), as appropriate.

24         Section 138.  Section 116.03, Florida Statutes, is

25  amended to read:

26         116.03  Officers to report fees collected.--Each state

27  and county officer who receives all or any part of his or her

28  compensation in fees or commissions, or other remuneration,

29  shall keep a complete report of all fees and commissions, or

30  other remuneration collected, and shall make a report to the

31  Department of Financial Services Banking and Finance of all

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  1  such fees and commissions, or other remuneration, annually on

  2  December 31 of each and every year.  Such report shall be made

  3  upon forms to be prescribed from time to time by the

  4  department, and shall show in detail the source, character and

  5  amount of all his or her official expenses and the net amount

  6  that the office has paid up to the time of making such report.

  7  All officers shall make out, fill in and subscribe and

  8  properly forward to the department such reports, and swear to

  9  the accuracy and competency of such reports.

10         Section 139.  Section 116.04, Florida Statutes, is

11  amended to read:

12         116.04  Failure of officer to make sworn report of

13  fees.--Any officer who shall fail or refuse to make,

14  subscribe, and swear, or to file with the Department of

15  Financial Services Banking and Finance a report of all fees,

16  commissions, or other remuneration collected, as required by

17  law, or if any officer shall knowingly or willfully make false

18  or incomplete reports, or in any report violate any of the

19  provisions of s. 116.03 he or she shall be guilty of a

20  misdemeanor of the first degree, punishable as provided in  s.

21  775.082 or s. 775.083.

22         Section 140.  Section 116.05, Florida Statutes, is

23  amended to read:

24         116.05  Examination and publication by Department of

25  Financial Services Banking and Finance.--The Department of

26  Financial Services Banking and Finance shall have examined and

27  verified any of the reports received under s. 116.03 whenever

28  in its judgment the same may be necessary, and the department

29  shall cause the matter and things in each of said reports to

30  be published one time in a newspaper published in the county

31  in which such report originated, in such form as it shall

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  1  direct, and the expense of such publication shall be paid by

  2  the county commissioners of such county.

  3         Section 141.  Section 116.06, Florida Statutes, is

  4  amended to read:

  5         116.06  Summary of reports; certain officers not

  6  required to report fees.--A summary of all such reports shall

  7  be included by the Department of Financial Services Banking

  8  and Finance in its annual report to the Governor, except that

  9  jurors and notaries public shall not be required to make such

10  reports as provided for in s. 116.03.

11         Section 142.  Section 116.14, Florida Statutes, is

12  amended to read:

13         116.14  Receipts required from purchasers of state

14  property.--Upon the sale of any state property by the

15  superintendent and presidents of state institutions as

16  provided by law, they shall take receipt for the same from the

17  purchaser, which receipt shall be forwarded, together with the

18  proceeds of the sale, to the Chief Financial Officer State

19  Treasurer.

20         Section 143.  Paragraph (c) of subsection (15) of

21  section 120.52, Florida Statutes, is amended to read:

22         120.52  Definitions.--As used in this act:

23         (15)  "Rule" means each agency statement of general

24  applicability that implements, interprets, or prescribes law

25  or policy or describes the procedure or practice requirements

26  of an agency and includes any form which imposes any

27  requirement or solicits any information not specifically

28  required by statute or by an existing rule.  The term also

29  includes the amendment or repeal of a rule.  The term does not

30  include:

31         (c)  The preparation or modification of:

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  1         1.  Agency budgets.

  2         2.  Statements, memoranda, or instructions to state

  3  agencies issued by the Chief Financial Officer Comptroller as

  4  chief fiscal officer of the state and relating or pertaining

  5  to claims for payment submitted by state agencies to the Chief

  6  Financial Officer Comptroller.

  7         3.  Contractual provisions reached as a result of

  8  collective bargaining.

  9         4.  Memoranda issued by the Executive Office of the

10  Governor relating to information resources management.

11         Section 144.  Section 120.80, Florida Statutes, is

12  amended to read:

13         120.80  Exceptions and special requirements;

14  agencies.--

15         (1)  DIVISION OF ADMINISTRATIVE

16  HEARINGS.--Notwithstanding s. 120.57(1)(a), a hearing in which

17  the division is a party shall not be conducted by an

18  administrative law judge assigned by the division.  An

19  attorney assigned by the Administration Commission shall be

20  the hearing officer.

21         (2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--

22         (a)  Marketing orders under chapter 527, chapter 573,

23  or chapter 601 are not rules.

24         (b)  Notwithstanding s. 120.57(1)(a), hearings held by

25  the Department of Agriculture and Consumer Services pursuant

26  to chapter 601 need not be conducted by an administrative law

27  judge assigned by the division.

28         (3)  DEPARTMENT OF FINANCIAL SERVICES BANKING AND

29  FINANCE.--

30

31

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  1         (a)  Notwithstanding s. 120.60(1), in proceedings for

  2  the issuance, denial, renewal, or amendment of a license or

  3  approval of a merger pursuant to title XXXVIII:

  4         1.a.  The Department of Financial Services Banking and

  5  Finance shall have published in the Florida Administrative

  6  Weekly notice of the application within 21 days after receipt.

  7         b.  Within 21 days after publication of notice, any

  8  person may request a hearing. Failure to request a hearing

  9  within 21 days after notice constitutes a waiver of any right

10  to a hearing. The Department of Financial Services Banking and

11  Finance or an applicant may request a hearing at any time

12  prior to the issuance of a final order. Hearings shall be

13  conducted pursuant to ss. 120.569 and 120.57, except that the

14  Department of Financial Services Banking and Finance shall by

15  rule provide for participation by the general public.

16         2.  Should a hearing be requested as provided by

17  sub-subparagraph 1.b., the applicant or licensee shall publish

18  at its own cost a notice of the hearing in a newspaper of

19  general circulation in the area affected by the application.

20  The Department of Financial Services Banking and Finance may

21  by rule specify the format and size of the notice.

22         3.  Notwithstanding s. 120.60(1), and except as

23  provided in subparagraph 4., every application for license for

24  a new bank, new trust company, new credit union, or new

25  savings and loan association shall be approved or denied

26  within 180 days after receipt of the original application or

27  receipt of the timely requested additional information or

28  correction of errors or omissions. Any application for such a

29  license or for acquisition of such control which is not

30  approved or denied within the 180-day period or within 30 days

31  after conclusion of a public hearing on the application,

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  1  whichever is later, shall be deemed approved subject to the

  2  satisfactory completion of conditions required by statute as a

  3  prerequisite to license and approval of insurance of accounts

  4  for a new bank, a new savings and loan association, or a new

  5  credit union by the appropriate insurer.

  6         4.  In the case of every application for license to

  7  establish a new bank, trust company, or capital stock savings

  8  association in which a foreign national proposes to own or

  9  control 10 percent or more of any class of voting securities,

10  and in the case of every application by a foreign national for

11  approval to acquire control of a bank, trust company, or

12  capital stock savings association, the Department of Financial

13  Services Banking and Finance shall request that a public

14  hearing be conducted pursuant to ss. 120.569 and 120.57.

15  Notice of such hearing shall be published by the applicant as

16  provided in subparagraph 2. The failure of any such foreign

17  national to appear personally at the hearing shall be grounds

18  for denial of the application. Notwithstanding the provisions

19  of s. 120.60(1) and subparagraph 3., every application

20  involving a foreign national shall be approved or denied

21  within 1 year after receipt of the original application or any

22  timely requested additional information or the correction of

23  any errors or omissions, or within 30 days after the

24  conclusion of the public hearing on the application, whichever

25  is later.

26         (b)  In any application for a license or merger

27  pursuant to title XXXVIII which is referred by the agency to

28  the division for hearing, the administrative law judge shall

29  complete and submit to the agency and to all parties a written

30  report consisting of findings of fact and rulings on

31  evidentiary matters. The agency shall allow each party at

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  1  least 10 days in which to submit written exceptions to the

  2  report.

  3         (c)  Notwithstanding s. 120.60(1), every application

  4  for a certificate of authority as required by s. 624.401 shall

  5  be approved or denied within 180 days after receipt of the

  6  original application. Any application for a certificate of

  7  authority which is not approved or denied within the 180-day

  8  period, or within 30 days after conclusion of a public hearing

  9  held on the application, shall be deemed approved, subject to

10  the satisfactory completion of conditions required by statute

11  as a prerequisite to licensure.

12         (4)  DEPARTMENT OF BUSINESS AND PROFESSIONAL

13  REGULATION.--

14         (a)  Business regulation.--The Division of Pari-mutuel

15  Wagering is exempt from the hearing and notice requirements of

16  ss. 120.569 and 120.57(1)(a), but only for stewards, judges,

17  and boards of judges when the hearing is to be held for the

18  purpose of the imposition of fines or suspensions as provided

19  by rules of the Division of Pari-mutuel Wagering, but not for

20  revocations, and only upon violations of subparagraphs 1.-6.

21  The Division of Pari-mutuel Wagering shall adopt rules

22  establishing alternative procedures, including a hearing upon

23  reasonable notice, for the following violations:

24         1.  Horse riding, harness riding, greyhound

25  interference, and jai alai game actions in violation of

26  chapter 550.

27         2.  Application and usage of drugs and medication to

28  horses, greyhounds, and jai alai players in violation of

29  chapter 550.

30         3.  Maintaining or possessing any device which could be

31  used for the injection or other infusion of a prohibited drug

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  1  to horses, greyhounds, and jai alai players in violation of

  2  chapter 550.

  3         4.  Suspensions under reciprocity agreements between

  4  the Division of Pari-mutuel Wagering and regulatory agencies

  5  of other states.

  6         5.  Assault or other crimes of violence on premises

  7  licensed for pari-mutuel wagering.

  8         6.  Prearranging the outcome of any race or game.

  9         (b)  Professional regulation.--Notwithstanding s.

10  120.57(1)(a), formal hearings may not be conducted by the

11  Secretary of Business and Professional Regulation or a board

12  or member of a board within the Department of Business and

13  Professional Regulation for matters relating to the regulation

14  of professions, as defined by chapter 455.

15         (5)  FLORIDA LAND AND WATER ADJUDICATORY

16  COMMISSION.--Notwithstanding the provisions of s.

17  120.57(1)(a), when the Florida Land and Water Adjudicatory

18  Commission receives a notice of appeal pursuant to s. 380.07,

19  the commission shall notify the division within 60 days after

20  receipt of the notice of appeal if the commission elects to

21  request the assignment of an administrative law judge.

22         (6)  DEPARTMENT OF LAW ENFORCEMENT.--Law enforcement

23  policies and procedures of the Department of Law Enforcement

24  which relate to the following are not rules as defined by this

25  chapter:

26         (a)  The collection, management, and dissemination of

27  active criminal intelligence information and active criminal

28  investigative information; management of criminal

29  investigations; and management of undercover investigations

30  and the selection, assignment, and fictitious identity of

31  undercover personnel.

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  1         (b)  The recruitment, management, identity, and

  2  remuneration of confidential informants or sources.

  3         (c)  Surveillance techniques, the selection of

  4  surveillance personnel, and electronic surveillance, including

  5  court-ordered and consensual interceptions of communication

  6  conducted pursuant to chapter 934.

  7         (d)  The safety and release of hostages.

  8         (e)  The provision of security and protection to public

  9  figures.

10         (f)  The protection of witnesses.

11         (7)  DEPARTMENT OF CHILDREN AND FAMILY

12  SERVICES.--Notwithstanding s. 120.57(1)(a), hearings conducted

13  within the Department of Children and Family Services in the

14  execution of those social and economic programs administered

15  by the former Division of Family Services of the former

16  Department of Health and Rehabilitative Services prior to the

17  reorganization effected by chapter 75-48, Laws of Florida,

18  need not be conducted by an administrative law judge assigned

19  by the division.

20         (8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--

21         (a)  Drivers' licenses.--

22         1.  Notwithstanding s. 120.57(1)(a), hearings regarding

23  drivers' licensing pursuant to chapter 322 need not be

24  conducted by an administrative law judge assigned by the

25  division.

26         2.  Notwithstanding s. 120.60(5), cancellation,

27  suspension, or revocation of a driver's license shall be by

28  personal delivery to the licensee or by first-class mail as

29  provided in s. 322.251.

30         (b)  Wrecker operators.--Notwithstanding s.

31  120.57(1)(a), hearings held by the Division of the Florida

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  1  Highway Patrol of the Department of Highway Safety and Motor

  2  Vehicles to deny, suspend, or remove a wrecker operator from

  3  participating in the wrecker rotation system established by s.

  4  321.051 need not be conducted by an administrative law judge

  5  assigned by the division. These hearings shall be held by a

  6  hearing officer appointed by the director of the Division of

  7  the Florida Highway Patrol.

  8         (9)  DEPARTMENT OF INSURANCE.--Notwithstanding s.

  9  120.60(1), every application for a certificate of authority as

10  required by s. 624.401 shall be approved or denied within 180

11  days after receipt of the original application. Any

12  application for a certificate of authority which is not

13  approved or denied within the 180-day period, or within 30

14  days after conclusion of a public hearing held on the

15  application, shall be deemed approved, subject to the

16  satisfactory completion of conditions required by statute as a

17  prerequisite to licensure.

18         (9)(10)  DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY.--

19         (a)  Unemployment compensation.--

20         1.  Notwithstanding s. 120.54, the rulemaking

21  provisions of this chapter do not apply to unemployment

22  compensation appeals referees.

23         2.  Notwithstanding s. 120.57(1)(a), hearings may be

24  conducted by the Unemployment Appeals Commission in

25  unemployment compensation appeals, unemployment compensation

26  appeals referees, and special deputies pursuant to s. 443.141.

27         (b)  Workers' compensation.--Notwithstanding s.

28  120.52(1), a judge of compensation claims, in the adjudication

29  of matters pursuant to chapter 440, shall not be considered an

30  agency or part of an agency for the purposes of this chapter.

31

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  1         (10)(11)  NATIONAL GUARD.--Notwithstanding s.

  2  120.52(15), the enlistment, organization, administration,

  3  equipment, maintenance, training, and discipline of the

  4  militia, National Guard, organized militia, and unorganized

  5  militia, as provided by s. 2, Art. X of the State

  6  Constitution, are not rules as defined by this chapter.

  7         (11)(12)  PUBLIC EMPLOYEES RELATIONS COMMISSION.--

  8         (a)  Notwithstanding s. 120.57(1)(a), hearings within

  9  the jurisdiction of the Public Employees Relations Commission

10  need not be conducted by an administrative law judge assigned

11  by the division.

12         (b)  Section 120.60 does not apply to certification of

13  employee organizations pursuant to s. 447.307.

14         (12)(13)  FLORIDA PUBLIC SERVICE COMMISSION.--

15         (a)  Agency statements that relate to cost-recovery

16  clauses, factors, or mechanisms implemented pursuant to

17  chapter 366, relating to public utilities, are exempt from the

18  provisions of s. 120.54(1)(a).

19         (b)  Notwithstanding ss. 120.569 and 120.57, a hearing

20  on an objection to proposed action of the Florida Public

21  Service Commission may only address the issues in dispute.

22  Issues in the proposed action which are not in dispute are

23  deemed stipulated.

24         (c)  The Florida Public Service Commission is exempt

25  from the time limitations in s. 120.60(1) when issuing a

26  license.

27         (d)  Notwithstanding the provisions of this chapter, in

28  implementing the Telecommunications Act of 1996, Pub. L. No.

29  104-104, the Public Service Commission is authorized to employ

30  procedures consistent with that act.

31

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  1         (e)  Notwithstanding the provisions of this chapter, s.

  2  350.128, or s. 364.381, appellate jurisdiction for Public

  3  Service Commission decisions that implement the

  4  Telecommunications Act of 1996, Pub. L. No. 104-104, shall be

  5  consistent with the provisions of that act.

  6         (f)  Notwithstanding any provision of this chapter, all

  7  public utilities and companies regulated by the Public Service

  8  Commission shall be entitled to proceed under the interim rate

  9  provisions of chapter 364 or the procedures for interim rates

10  contained in chapter 74-195, Laws of Florida, or as otherwise

11  provided by law.

12         (13)(14)  DEPARTMENT OF REVENUE.--

13         (a)  Assessments.--An assessment of tax, penalty, or

14  interest by the Department of Revenue is not a final order as

15  defined by this chapter. Assessments by the Department of

16  Revenue shall be deemed final as provided in the statutes and

17  rules governing the assessment and collection of taxes.

18         (b)  Taxpayer contest proceedings.--

19         1.  In any administrative proceeding brought pursuant

20  to this chapter as authorized by s. 72.011(1), the taxpayer

21  shall be designated the "petitioner" and the Department of

22  Revenue shall be designated the "respondent," except that for

23  actions contesting an assessment or denial of refund under

24  chapter 207, the Department of Highway Safety and Motor

25  Vehicles shall be designated the "respondent," and for actions

26  contesting an assessment or denial of refund under chapters

27  210, 550, 561, 562, 563, 564, and 565, the Department of

28  Business and Professional Regulation shall be designated the

29  "respondent."

30         2.  In any such administrative proceeding, the

31  applicable department's burden of proof, except as otherwise

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  1  specifically provided by general law, shall be limited to a

  2  showing that an assessment has been made against the taxpayer

  3  and the factual and legal grounds upon which the applicable

  4  department made the assessment.

  5         3.a.  Prior to filing a petition under this chapter,

  6  the taxpayer shall pay to the applicable department the amount

  7  of taxes, penalties, and accrued interest assessed by that

  8  department which are not being contested by the taxpayer.

  9  Failure to pay the uncontested amount shall result in the

10  dismissal of the action and imposition of an additional

11  penalty of 25 percent of the amount taxed.

12         b.  The requirements of s. 72.011(2) and (3)(a) are

13  jurisdictional for any action under this chapter to contest an

14  assessment or denial of refund by the Department of Revenue,

15  the Department of Highway Safety and Motor Vehicles, or the

16  Department of Business and Professional Regulation.

17         4.  Except as provided in s. 220.719, further

18  collection and enforcement of the contested amount of an

19  assessment for nonpayment or underpayment of any tax,

20  interest, or penalty shall be stayed beginning on the date a

21  petition is filed. Upon entry of a final order, an agency may

22  resume collection and enforcement action.

23         5.  The prevailing party, in a proceeding under ss.

24  120.569 and 120.57 authorized by s. 72.011(1), may recover all

25  legal costs incurred in such proceeding, including reasonable

26  attorney's fees, if the losing party fails to raise a

27  justiciable issue of law or fact in its petition or response.

28         6.  Upon review pursuant to s. 120.68 of final agency

29  action concerning an assessment of tax, penalty, or interest

30  with respect to a tax imposed under chapter 212, or the denial

31  of a refund of any tax imposed under chapter 212, if the court

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  1  finds that the Department of Revenue improperly rejected or

  2  modified a conclusion of law, the court may award reasonable

  3  attorney's fees and reasonable costs of the appeal to the

  4  prevailing appellant.

  5         (c)  Proceedings for administrative child support

  6  orders.--Notwithstanding the provisions of s. 120.569 or s.

  7  120.57 to the contrary, in proceedings for the establishment

  8  of administrative support orders pursuant to s. 409.2563,

  9  final orders in cases referred by the Department of Revenue to

10  the Division of Administrative Hearings shall be entered by

11  the division's administrative law judge and transmitted to the

12  Department of Revenue for filing and indexing.  The Department

13  of Revenue has the right to seek judicial review of a final

14  order entered by an administrative law judge.  Administrative

15  support orders rendered pursuant to s. 409.2563 may be

16  enforced pursuant to s. 120.69 or, alternatively, by any

17  method prescribed by law for the enforcement of judicial

18  support orders, except contempt.

19         (14)(15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

20  120.57(1)(a), formal hearings may not be conducted by the

21  Secretary of Health, the Secretary of Health Care

22  Administration, or a board or member of a board within the

23  Department of Health or the Agency for Health Care

24  Administration for matters relating to the regulation of

25  professions, as defined by chapter 456. Notwithstanding s.

26  120.57(1)(a), hearings conducted within the Department of

27  Health in execution of the Special Supplemental Nutrition

28  Program for Women, Infants, and Children; Child Care Food

29  Program; Children's Medical Services Program; the Brain and

30  Spinal Cord Injury Program; and the exemption from

31  disqualification reviews for certified nurse assistants

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  1  program need not be conducted by an administrative law judge

  2  assigned by the division. The Department of Health may

  3  contract with the Department of Children and Family Services

  4  for a hearing officer in these matters.

  5         (15)(16)  DEPARTMENT OF ENVIRONMENTAL

  6  PROTECTION.--Notwithstanding the provisions of s.

  7  120.54(1)(d), the Department of Environmental Protection, in

  8  undertaking rulemaking to establish best available control

  9  technology, lowest achievable emissions rate, or case-by-case

10  maximum available control technology for purposes of s.

11  403.08725, shall not adopt the lowest regulatory cost

12  alternative if such adoption would prevent the agency from

13  implementing federal requirements.

14         (16)(17)  FLORIDA BUILDING COMMISSION.--

15         (a)  Notwithstanding the provisions of s. 120.542, the

16  Florida Building Commission may not accept a petition for

17  waiver or variance and may not grant any waiver or variance

18  from the requirements of the Florida Building Code.

19         (b)  The Florida Building Commission shall adopt within

20  the Florida Building Code criteria and procedures for

21  alternative means of compliance with the code or local

22  amendments thereto, for enforcement by local governments,

23  local enforcement districts, or other entities authorized by

24  law to enforce the Florida Building Code. Appeals from the

25  denial of the use of alternative means shall be heard by the

26  local board, if one exists, and may be appealed to the Florida

27  Building Commission.

28         Section 145.  Section 121.0312, Florida Statutes, is

29  amended to read:

30         121.0312  Review; actuarial valuation report;

31  contribution rate determination process.--The Governor, Chief

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  1  Financial Officer Comptroller, and Attorney General Treasurer,

  2  sitting as the Board of Trustees of the State Board of

  3  Administration, shall review the actuarial valuation report

  4  prepared in accordance with the provisions of this chapter.

  5  The board shall review the process by which Florida Retirement

  6  System contribution rates are determined and recommend and

  7  submit any comments regarding the process to the Legislature.

  8         Section 146.  Paragraph (e) of subsection (1) of

  9  section 121.055, Florida Statutes, is amended to read:

10         121.055  Senior Management Service Class.--There is

11  hereby established a separate class of membership within the

12  Florida Retirement System to be known as the "Senior

13  Management Service Class," which shall become effective

14  February 1, 1987.

15         (1)

16         (e)  Effective January 1, 1991, participation in the

17  Senior Management Service Class shall be compulsory for the

18  number of senior managers who have policymaking authority with

19  the State Board of Administration, as determined by the

20  Governor, Chief Financial Officer Treasurer, and Attorney

21  General Comptroller acting as the State Board of

22  Administration, unless such member elects to participate in

23  the Senior Management Service Optional Annuity Program as

24  established in subsection (6) in lieu of participation in the

25  Senior Management Service Class. Such election shall be made

26  in writing and filed with the division and the personnel

27  officer of the State Board of Administration within 90 days

28  after becoming eligible for membership in the Senior

29  Management Service Class.

30         Section 147.  Paragraph (a) of subsection (2) of

31  section 121.061, Florida Statutes, is amended to read:

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  1         121.061  Funding.--

  2         (2)(a)  Should any employer other than a state employer

  3  fail to make the retirement and social security contributions,

  4  both member and employer contributions, required by this

  5  chapter, then, upon request by the administrator, the

  6  Department of Revenue or the Department of Financial Services

  7  Banking and Finance, as the case may be, shall deduct the

  8  amount owed by the employer from any funds to be distributed

  9  by it to the county, city, special district, or consolidated

10  form of government.  The amounts so deducted shall be

11  transferred to the administrator for further distribution to

12  the trust funds in accordance with this chapter.

13         Section 148.  Section 121.133, Florida Statutes, is

14  amended to read:

15         121.133  Cancellation of uncashed

16  warrants.--Notwithstanding the provisions of s. 17.26 or s.

17  717.123 to the contrary, effective July 1, 1998, if any state

18  warrant issued by the Chief Financial Officer Comptroller for

19  the payment of retirement benefits from the Florida Retirement

20  System Trust Fund, or any other pension trust fund

21  administered by the department, is not presented for payment

22  within 1 year after the last day of the month in which it was

23  originally issued, the Chief Financial Officer Comptroller

24  shall cancel the benefit warrant and credit the amount of the

25  warrant to the Florida Retirement System Trust Fund or other

26  pension trust fund administered by the department, as

27  appropriate. The department may provide for issuance of a

28  replacement warrant when deemed appropriate.

29         Section 149.  Paragraph (b) of subsection (12) of

30  section 121.4501, Florida Statutes, is amended to read:

31

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  1         121.4501  Public Employee Optional Retirement

  2  Program.--

  3         (12)  ADVISORY COMMITTEES TO PROVIDE ADVICE AND

  4  ASSISTANCE.--The Investment Advisory Council and the Public

  5  Employee Optional Retirement Program Advisory Committee shall

  6  assist the board in implementing and administering the Public

  7  Employee Optional Retirement Program.

  8         (b)1.  The Public Employee Optional Retirement Program

  9  Advisory Committee shall be composed of seven members. The

10  President of the Senate shall appoint two members, the Speaker

11  of the House of Representatives shall appoint two members, the

12  Governor shall appoint two members one member, the Treasurer

13  shall appoint one member, and the Chief Financial Officer

14  Comptroller shall appoint one member. On January 7, 2003, the

15  term of office of the member appointed by the Treasurer and of

16  the member appointed by the Comptroller expires; and the Chief

17  Financial Officer shall choose one of those members for

18  reappointment for the remainder of the term. The members of

19  the advisory committee shall elect a member as chair. The

20  appointments shall be made by September 1, 2000, and the

21  committee shall meet to organize by October 1, 2000. The

22  initial appointments shall be for a term of 24 months. Each

23  appointing authority shall fill any vacancy occurring among

24  its appointees for the remainder of the original term.

25         2.  The advisory committee shall make recommendations

26  on the selection of the third-party administrator, the

27  education providers, and the investment products and

28  providers. The committee's recommendations on the third-party

29  administrator must be forwarded to the Trustees of the State

30  Board of Administration by January 1, 2001. The

31

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  1  recommendations on the education providers must be forwarded

  2  to the trustees by April 1, 2001.

  3         3.  The advisory committee's recommendations and

  4  activities shall be guided by the best interests of the

  5  employees, considering the interests of employers, and the

  6  intent of the Legislature in establishing the Public Employee

  7  Optional Retirement Program.

  8         4.  The staff of the state board and the department

  9  shall assist the advisory committee.

10         Section 150.  Paragraphs (a) and (b) of subsection (11)

11  of section 125.0104, Florida Statutes, are amended to read:

12         125.0104  Tourist development tax; procedure for

13  levying; authorized uses; referendum; enforcement.--

14         (11)  INTEREST PAID ON DISTRIBUTIONS.--

15         (a)  Interest shall be paid on undistributed taxes

16  collected and remitted to the Department of Revenue under this

17  section.  Such interest shall be included along with the tax

18  proceeds distributed to the counties and shall be paid from

19  moneys transferred from the General Revenue Fund.  The

20  department shall calculate the interest for net tax

21  distributions using the average daily rate that was earned by

22  the State Treasury for the preceding calendar quarter and paid

23  to the General Revenue Fund.  This rate shall be certified by

24  the Chief Financial Officer Treasurer to the department by the

25  20th day following the close of each quarter.

26         (b)  The interest applicable to taxes collected under

27  this section shall be calculated by multiplying the tax

28  amounts to be distributed times the daily rate times the

29  number of days after the third working day following the date

30  the tax is due and payable pursuant to s. 212.11 until the

31  date the department issues a voucher to request the Chief

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  1  Financial Officer Comptroller to issue the payment warrant.

  2  The warrant shall be issued within 7 days after the request.

  3         Section 151.  Paragraph (b) of subsection (2) of

  4  section 129.201, Florida Statutes, is amended to read:

  5         129.201  Budget of supervisor of elections; manner and

  6  time of preparation and presentation.--

  7         (2)

  8         (b)  To the extent appropriate, the budget shall be

  9  further itemized in conformance with the Uniform Accounting

10  System for Local Units of Government in Florida adopted

11  promulgated by rule of the Chief Financial Officer Comptroller

12  of the state.

13         Section 152.  Section 131.05, Florida Statutes, is

14  amended to read:

15         131.05  Disposition of proceeds of sale.--In the event

16  refunding bonds are issued under the provisions of this

17  chapter prior to the date of maturity or option date of the

18  obligations proposed to be refunded, the proceeds of said

19  refunding bonds shall be deposited in a bank or trust company

20  within the state, which depository shall give a surety bond,

21  or other such bonds as are authorized by law to be accepted

22  for securing county and city funds, satisfactory to the

23  Department of Financial Services Banking and Finance for the

24  full amount of money so deposited, and the funds so deposited

25  shall only be withdrawn with the approval of the department,

26  for the purpose of paying the obligations to refund which said

27  bonds were issued.

28         Section 153.  Section 137.09, Florida Statutes, is

29  amended to read:

30         137.09  Justification and approval of bonds.--Each

31  surety upon every bond of any county officer shall make

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  1  affidavit that he or she is a resident of the county for which

  2  the officer is to be commissioned, and that he or she has

  3  sufficient visible property therein unencumbered and not

  4  exempt from sale under legal process to make good his or her

  5  bond.  Every such bond shall be approved by the board of

  6  county commissioners and by the Department of Financial

  7  Services Banking and Finance when they and it are satisfied in

  8  their judgment that the same is legal, sufficient, and proper

  9  to be approved.

10         Section 154.  Section 145.141, Florida Statutes, is

11  amended to read:

12         145.141  Deficiency to be paid by board of county

13  commissioners.--Should any county officer have insufficient

14  revenue from the income of his or her office, after paying

15  office personnel and expenses, to pay his or her total annual

16  salary, the board of county commissioners shall pay any

17  deficiency in salary from the general revenue fund and notify

18  the Department of Financial Services Banking and Finance.  The

19  deficiency shall be listed in the comptroller's annual report

20  of county finances and county fee officers.

21         Section 155.  Subsections (1) and (2) of section

22  154.02, Florida Statutes, are amended to read:

23         154.02  County Health Department Trust Fund.--

24         (1)  To enable counties to provide public health

25  services and maintain public health equipment and facilities,

26  each county in the state with a population exceeding 100,000,

27  according to the last state census, may levy an annual tax not

28  exceeding 0.5 mill; each county in the state with a population

29  exceeding 40,000 and not exceeding 100,000, according to the

30  last state census, may levy an annual tax not exceeding 1

31  mill; and each county in the state with a population not

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  1  exceeding 40,000, according to the last state census, may levy

  2  an annual tax not exceeding 2 mills, on the dollar on all

  3  taxable property in such county, the proceeds of which tax, if

  4  so contracted with the state, shall be paid to the Chief

  5  Financial Officer Treasurer. However, the board of county

  6  commissioners may elect to pay in 12 equal monthly

  7  installments. Such funds in the hands of the Chief Financial

  8  Officer Treasurer shall be placed in the county health

  9  department trust funds of the county by which such funds were

10  raised, and such funds shall be expended by the Department of

11  Health solely for the purpose of carrying out the intent and

12  object of the public health contract.

13         (2)  The Chief Financial Officer Treasurer shall

14  maintain a full-time County Health Department Trust Fund which

15  shall contain all state and local funds to be expended by

16  county health departments.  Such funds shall be expended by

17  the Department of Health solely for the purposes of carrying

18  out the intent and purpose of this part. Federal funds may be

19  deposited in the trust fund.

20         Section 156.  Subsection (1) of section 154.03, Florida

21  Statutes, is amended to read:

22         154.03  Cooperation with Department of Health and

23  United States Government.--

24         (1)  The county commissioners of any county may agree

25  with the Department of Health upon the expenditure by the

26  department in such county of any funds allotted for that

27  purpose by the department or received by it for such purposes

28  from private contributions or other sources, and such funds

29  shall be paid to the Chief Financial Officer Treasurer and

30  shall form a part of the full-time county health department

31  trust fund of such county; and such funds shall be expended by

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  1  the department solely for the purposes of this chapter.  The

  2  department is further authorized to arrange and agree with the

  3  United States Government, through its duly authorized

  4  officials, for the allocation and expenditure by the United

  5  States of funds of the United States in the study of causes of

  6  disease and prevention thereof in such full-time county health

  7  departments when and where established by the department under

  8  this part.

  9         Section 157.  Section 154.05, Florida Statutes, is

10  amended to read:

11         154.05  Cooperation and agreements between

12  counties.--Two or more counties may combine in the

13  establishment and maintenance of a single full-time county

14  health department for the counties which combine for that

15  purpose; and, pursuant to such combination or agreement, such

16  counties may cooperate with one another and the Department of

17  Health and contribute to a joint fund in carrying out the

18  purpose and intent of this chapter.  The duration and nature

19  of such agreement shall be evidenced by resolutions of the

20  boards of county commissioners of such counties and shall be

21  submitted to and approved by the department.  In the event of

22  any such agreement, a full-time county health department shall

23  be established and maintained by the department in and for the

24  benefit of the counties which have entered into such an

25  agreement; and, in such case, the funds raised by taxation

26  pursuant to this chapter by each such county shall be paid to

27  the Chief Financial Officer Treasurer for the account of the

28  department and shall be known as the full-time county health

29  department trust fund of the counties so cooperating. Such

30  trust funds shall be used and expended by the department for

31  the purposes specified in this chapter in each county which

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  1  has entered into such agreement.  In case such an agreement is

  2  entered into between two or more counties, the work

  3  contemplated by this chapter shall be done by a single

  4  full-time county health department in the counties so

  5  cooperating; and the nature, extent, and location of such work

  6  shall be under the control and direction of the department.

  7         Section 158.  Subsection (2) of section 154.06, Florida

  8  Statutes, is amended to read:

  9         154.06  Fees and services rendered; authority.--

10         (2)  All funds collected under this section shall be

11  expended solely for the purpose of providing health services

12  and facilities within the county served by the county health

13  department. Fees collected by county health departments

14  pursuant to department rules shall be deposited with the Chief

15  Financial Officer Treasurer and credited to the County Health

16  Department Trust Fund. Fees collected by the county health

17  department for public health services or personal health

18  services shall be allocated to the state and the county based

19  upon the pro rata share of funding for each such service. The

20  board of county commissioners, if it has so contracted, shall

21  provide for the transmittal of funds collected for its pro

22  rata share of personal health services or primary care

23  services rendered under the provisions of this section to the

24  State Treasury for credit to the County Health Department

25  Trust Fund, but in any event the proceeds from such fees may

26  only be used to fund county health department services.

27         Section 159.  Paragraphs (d) and (e) of subsection (17)

28  of section 154.209, Florida Statutes, are amended to read:

29         154.209  Powers of authority.--The purpose of the

30  authority shall be to assist health facilities in the

31  acquisition, construction, financing, and refinancing of

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  1  projects in any corporated or unincorporated area within the

  2  geographical limits of the local agency.  For this purpose,

  3  the authority is authorized and empowered:

  4         (17)  To issue special obligation revenue bonds for the

  5  purpose of establishing and maintaining the self-insurance

  6  pool and to provide reserve funds in connection therewith,

  7  such bonds to be payable from funds available in the pool from

  8  time to time or from assessments against participating health

  9  facilities for the purpose of providing required contributions

10  to the fund. With respect to the issuance of such bonds or

11  notes the following provisions shall apply:

12         (d)  Any self-insurance pool funded pursuant to this

13  section shall maintain excess insurance which provides

14  specific and aggregate limits and a retention level determined

15  in accordance with sound actuarial principles. The Department

16  of Financial Services Insurance may waive this requirement if

17  the fund demonstrates that its operation is and will be

18  actuarially sound without obtaining excess insurance.

19         (e)  Prior to the issuance of any bonds pursuant to

20  this section for the purpose of acquiring liability coverage

21  contracts from the self-insurance pool, the Department of

22  Financial Services Insurance shall certify that excess

23  liability coverage for the health facility is reasonably

24  unobtainable in the amounts provided by such pool or that the

25  liability coverage obtained through acquiring contracts from

26  the self-insurance pool, after taking into account costs of

27  issuance of bonds and any other administrative fees, is less

28  expensive to the health facility than similar commercial

29  coverage then reasonably available.

30         Section 160.  Section 154.314, Florida Statutes, is

31  amended to read:

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  1         154.314  Certification of the State of Florida.--

  2         (1)  In the event payment for the costs of services

  3  rendered by a participating hospital or a regional referral

  4  hospital is not received from the responsible county within 90

  5  days of receipt of a statement for services rendered to a

  6  qualified indigent who is a certified resident of the county,

  7  or if the payment is disputed and said payment is not received

  8  from the county determined to be responsible within 60 days of

  9  the date of exhaustion of all administrative and legal

10  remedies, the hospital shall certify to the Chief Financial

11  Officer Comptroller the amount owed by the county.

12         (2)  The Chief Financial Officer Comptroller shall have

13  no longer than 45 days from the date of receiving the

14  hospital's certified notice to forward the amount delinquent

15  to the appropriate hospital from any funds due to the county

16  under any revenue-sharing or tax-sharing fund established by

17  the state, except as otherwise provided by the State

18  Constitution.  The Chief Financial Officer Comptroller shall

19  provide the Governor and the fiscal committees in the House of

20  Representatives and the Senate with a quarterly accounting of

21  the amounts certified by hospitals as owed by counties and the

22  amount paid to hospitals out of any revenue or tax sharing

23  funds due to the county.

24         Section 161.  Paragraph (e) of subsection (7) of

25  section 163.01, Florida Statutes, is amended to read:

26         163.01  Florida Interlocal Cooperation Act of 1969.--

27         (7)

28         (e)1.  Notwithstanding the provisions of paragraph (c),

29  any separate legal entity, created pursuant to the provisions

30  of this section and controlled by counties or municipalities

31  of this state, the membership of which consists or is to

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  1  consist only of public agencies of this state, may, for the

  2  purpose of financing acquisition of liability coverage

  3  contracts from one or more local government liability pools to

  4  provide liability coverage for counties, municipalities, or

  5  other public agencies of this state, exercise all powers in

  6  connection with the authorization, issuance, and sale of

  7  bonds. All of the privileges, benefits, powers, and terms of

  8  s. 125.01 relating to counties and s. 166.021 relating to

  9  municipalities shall be fully applicable to such entity and

10  such entity shall be considered a unit of local government for

11  all of the privileges, benefits, powers, and terms of part I

12  of chapter 159.  Bonds issued by such entity shall be deemed

13  issued on behalf of counties, municipalities, or public

14  agencies which enter into loan agreements with such entity as

15  provided in this paragraph. Proceeds of bonds issued by such

16  entity may be loaned to counties, municipalities, or other

17  public agencies of this state, whether or not such counties,

18  municipalities, or other public agencies are also members of

19  the entity issuing the bonds, and such counties,

20  municipalities, or other public agencies may in turn deposit

21  such loan proceeds with a separate local government liability

22  pool for purposes of acquiring liability coverage contracts.

23         2.  Counties or municipalities of this state are

24  authorized pursuant to this section, in addition to the

25  authority provided by s. 125.01, part II of chapter 166, and

26  other applicable law, to issue bonds for the purpose of

27  acquiring liability coverage contracts from a local government

28  liability pool. Any individual county or municipality may, by

29  entering into interlocal agreements with other counties,

30  municipalities, or public agencies of this state, issue bonds

31  on behalf of itself and other counties, municipalities, or

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  1  other public agencies, for purposes of acquiring a liability

  2  coverage contract or contracts from a local government

  3  liability pool.  Counties, municipalities, or other public

  4  agencies are also authorized to enter into loan agreements

  5  with any entity created pursuant to subparagraph 1., or with

  6  any county or municipality issuing bonds pursuant to this

  7  subparagraph, for the purpose of obtaining bond proceeds with

  8  which to acquire liability coverage contracts from a local

  9  government liability pool.  No county, municipality, or other

10  public agency shall at any time have more than one loan

11  agreement outstanding for the purpose of obtaining bond

12  proceeds with which to acquire liability coverage contracts

13  from a local government liability pool. Obligations of any

14  county, municipality, or other public agency of this state

15  pursuant to a loan agreement as described above may be

16  validated as provided in chapter 75.  Prior to the issuance of

17  any bonds pursuant to subparagraph 1. or this subparagraph for

18  the purpose of acquiring liability coverage contracts from a

19  local government liability pool, the reciprocal insurer or the

20  manager of any self-insurance program shall demonstrate to the

21  satisfaction of the Department of Financial Services Insurance

22  that excess liability coverage for counties, municipalities,

23  or other public agencies is reasonably unobtainable in the

24  amounts provided by such pool or that the liability coverage

25  obtained through acquiring contracts from a local government

26  liability pool, after taking into account costs of issuance of

27  bonds and any other administrative fees, is less expensive to

28  counties, municipalities, or special districts than similar

29  commercial coverage then reasonably available.

30         3.  Any entity created pursuant to this section or any

31  county or municipality may also issue bond anticipation notes,

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  1  as provided by s. 215.431, in connection with the

  2  authorization, issuance, and sale of such bonds.  In addition,

  3  the governing body of such legal entity or the governing body

  4  of such county or municipality may also authorize bonds to be

  5  issued and sold from time to time and may delegate, to such

  6  officer, official, or agent of such legal entity as the

  7  governing body of such legal entity may select, the power to

  8  determine the time; manner of sale, public or private;

  9  maturities; rate or rates of interest, which may be fixed or

10  may vary at such time or times and in accordance with a

11  specified formula or method of determination; and other terms

12  and conditions as may be deemed appropriate by the officer,

13  official, or agent so designated by the governing body of such

14  legal entity. However, the amounts and maturities of such

15  bonds and the interest rate or rates of such bonds shall be

16  within the limits prescribed by the governing body of such

17  legal entity and its resolution delegating to such officer,

18  official, or agent the power to authorize the issuance and

19  sale of such bonds.  Any series of bonds issued pursuant to

20  this paragraph shall mature no later than 7 years following

21  the date of issuance thereof.

22         4.  Bonds issued pursuant to subparagraph 1. may be

23  validated as provided in chapter 75.  The complaint in any

24  action to validate such bonds shall be filed only in the

25  Circuit Court for Leon County.  The notice required to be

26  published by s. 75.06 shall be published in Leon County and in

27  each county which is an owner of the entity issuing the bonds,

28  or in which a member of the entity is located, and the

29  complaint and order of the circuit court shall be served only

30  on the State Attorney of the Second Judicial Circuit and on

31  the state attorney of each circuit in each county or

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  1  municipality which is an owner of the entity issuing the bonds

  2  or in which a member of the entity is located.

  3         5.  Bonds issued pursuant to subparagraph 2. may be

  4  validated as provided in chapter 75. The complaint in any

  5  action to validate such bonds shall be filed in the circuit

  6  court of the county or municipality which will issue the

  7  bonds.  The notice required to be published by s. 75.06 shall

  8  be published only in the county where the complaint is filed,

  9  and the complaint and order of the circuit court shall be

10  served only on the state attorney of the circuit in the county

11  or municipality which will issue the bonds.

12         6.  The participation by any county, municipality, or

13  other public agency of this state in a local government

14  liability pool shall not be deemed a waiver of immunity to the

15  extent of liability coverage, nor shall any contract entered

16  regarding such a local government liability pool be required

17  to contain any provision for waiver.

18         Section 162.  Subsections (4), (5), (6), (7), (8), and

19  (9) of section 163.05, Florida Statutes, are amended to read:

20         163.05  Small County Technical Assistance Program.--

21         (4)  The Chief Financial Officer Comptroller shall

22  enter into contracts with program providers who shall:

23         (a)  Be a public agency or private, nonprofit

24  corporation, association, or entity.

25         (b)  Use existing resources, services, and information

26  that are available from state or local agencies, universities,

27  or the private sector.

28         (c)  Seek and accept funding from any public or private

29  source.

30         (d)  Annually submit information to assist the

31  Legislative Committee on Intergovernmental Relations in

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  1  preparing a performance review that will include an analysis

  2  of the effectiveness of the program.

  3         (e)  Assist small counties in developing alternative

  4  revenue sources.

  5         (f)  Provide assistance to small counties in the areas

  6  of financial management, accounting, investing, purchasing,

  7  planning and budgeting, debt issuance, public management,

  8  management systems, computers and information technology, and

  9  public safety management.

10         (g)  Provide for an annual independent financial audit

11  of the program.

12         (h)  In each county served, conduct a needs assessment

13  upon which the assistance provided for that county will be

14  designed.

15         (5)(a)  The Chief Financial Officer Comptroller shall

16  issue a request for proposals to provide assistance to small

17  counties.  At the request of the Chief Financial Officer

18  Comptroller, the Legislative Committee on Intergovernmental

19  Relations shall assist in the preparation of the request for

20  proposals.

21         (b)  The Chief Financial Officer Comptroller shall

22  review each contract proposal submitted.

23         (c)  The Legislative Committee on Intergovernmental

24  Relations shall review each contract proposal and submit to

25  the Chief Financial Officer Comptroller, in writing, advisory

26  comments and recommendations, citing with specificity the

27  reasons for its recommendations.

28         (d)  The Chief Financial Officer Comptroller and the

29  council shall consider the following factors in reviewing

30  contract proposals:

31

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  1         1.  The demonstrated capacity of the provider to

  2  conduct needs assessments and implement the program as

  3  proposed.

  4         2.  The number of small counties to be served under the

  5  proposal.

  6         3.  The cost of the program as specified in a proposed

  7  budget.

  8         4.  The short-term and long-term benefits of the

  9  assistance to small counties.

10         5.  The form and extent to which existing resources,

11  services, and information that are available from state and

12  local agencies, universities, and the private sector will be

13  used by the provider under the contract.

14         (6)  A decision of the Chief Financial Officer

15  Comptroller to award a contract under this section is final

16  and shall be in writing with a copy provided to the

17  Legislative Committee on Intergovernmental Relations.

18         (7)  The Chief Financial Officer Comptroller may enter

19  into contracts and agreements with other state and local

20  agencies and with any person, association, corporation, or

21  entity other than the program providers, for the purpose of

22  administering this section.

23         (8)  The Chief Financial Officer Comptroller shall

24  provide fiscal oversight to ensure that funds expended for the

25  program are used in accordance with the contracts entered into

26  pursuant to subsection (4).

27         (9)  The Legislative Committee on Intergovernmental

28  Relations shall annually conduct a performance review of the

29  program.  The findings of the review shall be presented in a

30  report submitted to the Governor, the President of the Senate,

31

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  1  the Speaker of the House of Representatives, and the Chief

  2  Financial Officer Comptroller by January 15 of each year.

  3         Section 163.  Subsections (4), (5), (6), (7), (8), and

  4  (9) of section 163.055, Florida Statutes, are amended to read:

  5         163.055  Local Government Financial Technical

  6  Assistance Program.--

  7         (4)  The Chief Financial Officer Comptroller shall

  8  enter into contracts with program providers who shall:

  9         (a)  Be a public agency or private, nonprofit

10  corporation, association, or entity.

11         (b)  Use existing resources, services, and information

12  that are available from state or local agencies, universities,

13  or the private sector.

14         (c)  Seek and accept funding from any public or private

15  source.

16         (d)  Annually submit information to assist the

17  Legislative Committee on Intergovernmental Relations in

18  preparing a performance review that will include an analysis

19  of the effectiveness of the program.

20         (e)  Assist municipalities and independent special

21  districts in developing alternative revenue sources.

22         (f)  Provide for an annual independent financial audit

23  of the program, if the program receives funding.

24         (g)  Provide assistance to municipalities and special

25  districts in the areas of financial management, accounting,

26  investing, budgeting, and debt issuance.

27         (h)  Develop a needs assessment to determine where

28  assistance should be targeted, and to establish a priority

29  system to deliver assistance to those jurisdictions most in

30  need through the most economical means available.

31

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  1         (i)  Provide financial emergency assistance upon

  2  direction from the Executive Office of the Governor pursuant

  3  to s. 218.503.

  4         (5)(a)  The Chief Financial Officer Comptroller shall

  5  issue a request for proposals to provide assistance to

  6  municipalities and special districts.  At the request of the

  7  Chief Financial Officer Comptroller, the Legislative Committee

  8  on Intergovernmental Relations shall assist in the preparation

  9  of the request for proposals.

10         (b)  The Chief Financial Officer Comptroller shall

11  review each contract proposal submitted.

12         (c)  The Legislative Committee on Intergovernmental

13  Relations shall review each contract proposal and submit to

14  the Chief Financial Officer Comptroller, in writing, advisory

15  comments and recommendations, citing with specificity the

16  reasons for its recommendations.

17         (d)  The Chief Financial Officer Comptroller and the

18  Legislative Committee on Intergovernmental Relations shall

19  consider the following factors in reviewing contract

20  proposals:

21         1.  The demonstrated capacity of the provider to

22  conduct needs assessments and implement the program as

23  proposed.

24         2.  The number of municipalities and special districts

25  to be served under the proposal.

26         3.  The cost of the program as specified in a proposed

27  budget.

28         4.  The short-term and long-term benefits of the

29  assistance to municipalities and special districts.

30         5.  The form and extent to which existing resources,

31  services, and information that are available from state and

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  1  local agencies, universities, and the private sector will be

  2  used by the provider under the contract.

  3         (6)  A decision of the Chief Financial Officer

  4  Comptroller to award a contract under this section is final

  5  and shall be in writing with a copy provided to the

  6  Legislative Committee on Intergovernmental Relations.

  7         (7)  The Chief Financial Officer Comptroller may enter

  8  into contracts and agreements with other state and local

  9  agencies and with any person, association, corporation, or

10  entity other than the program providers, for the purpose of

11  administering this section.

12         (8)  The Chief Financial Officer Comptroller shall

13  provide fiscal oversight to ensure that funds expended for the

14  program are used in accordance with the contracts entered into

15  pursuant to subsection (4).

16         (9)  The Legislative Committee on Intergovernmental

17  Relations shall annually conduct a performance review of the

18  program.  The findings of the review shall be presented in a

19  report submitted to the Governor, the President of the Senate,

20  the Speaker of the House of Representatives, and the Chief

21  Financial Officer Comptroller by January 15 of each year.

22         Section 164.  Subsection (6) of section 163.3167,

23  Florida Statutes, is amended to read:

24         163.3167  Scope of act.--

25         (6)  When a regional planning agency is required to

26  prepare or amend a comprehensive plan, or element or portion

27  thereof, pursuant to subsections (3) and (4), the regional

28  planning agency and the local government may agree to a method

29  of compensating the regional planning agency for any

30  verifiable, direct costs incurred.  If an agreement is not

31  reached within 6 months after the date the regional planning

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  1  agency assumes planning responsibilities for the local

  2  government pursuant to subsections (3) and (4) or by the time

  3  the plan or element, or portion thereof, is completed,

  4  whichever is earlier, the regional planning agency shall file

  5  invoices for verifiable, direct costs involved with the

  6  governing body.  Upon the failure of the local government to

  7  pay such invoices within 90 days, the regional planning agency

  8  may, upon filing proper vouchers with the Chief Financial

  9  Officer State Comptroller, request payment by the Chief

10  Financial Officer State Comptroller from unencumbered revenue

11  or other tax sharing funds due such local government from the

12  state for work actually performed, and the Chief Financial

13  Officer State Comptroller shall pay such vouchers; however,

14  the amount of such payment shall not exceed 50 percent of such

15  funds due such local government in any one year.

16         Section 165.  Subsection (1) of section 175.101,

17  Florida Statutes, is amended to read:

18         175.101  State excise tax on property insurance

19  premiums authorized; procedure.--For any municipality, special

20  fire control district, chapter plan, local law municipality,

21  local law special fire control district, or local law plan

22  under this chapter:

23         (1)  Each municipality or special fire control district

24  in this state described and classified in s. 175.041, having a

25  lawfully established firefighters' pension trust fund or

26  municipal fund or special fire control district fund, by

27  whatever name known, providing pension benefits to

28  firefighters as provided under this chapter, may assess and

29  impose on every insurance company, corporation, or other

30  insurer now engaged in or carrying on, or who shall

31  hereinafter engage in or carry on, the business of property

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  1  insurance as shown by the records of the Department of

  2  Financial Services Insurance an excise tax in addition to any

  3  lawful license or excise tax now levied by each of the

  4  municipalities or special fire control districts,

  5  respectively, amounting to 1.85 percent of the gross amount of

  6  receipts of premiums from policyholders on all premiums

  7  collected on property insurance policies covering property

  8  within the corporate limits of such municipalities or within

  9  the legally defined boundaries of special fire control

10  districts, respectively.  Whenever the boundaries of a special

11  fire control district that has lawfully established a

12  firefighters' pension trust fund encompass a portion of the

13  corporate territory of a municipality that has also lawfully

14  established a firefighters' pension trust fund, that portion

15  of the tax receipts attributable to insurance policies

16  covering property situated both within the municipality and

17  the special fire control district shall be given to the fire

18  service provider. The agent shall identify the fire service

19  provider on the property owner's application for insurance.

20  Remaining revenues collected pursuant to this chapter shall be

21  distributed to the municipality or special fire control

22  district according to the location of the insured property.

23         Section 166.  Subsection (2) of section 175.121,

24  Florida Statutes, is amended to read:

25         175.121  Department of Revenue and Division of

26  Retirement to keep accounts of deposits; disbursements.--For

27  any municipality or special fire control district having a

28  chapter or local law plan established pursuant to this

29  chapter:

30         (2)  The Chief Financial Officer Comptroller shall, on

31  or before July 1 of each year, and at such other times as

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  1  authorized by the division, draw his or her warrants on the

  2  full net amount of money then on deposit in the Police and

  3  Firefighters' Premium Tax Trust Fund pursuant to this chapter,

  4  specifying the municipalities and special fire control

  5  districts to which the moneys must be paid and the net amount

  6  collected for and to be paid to each municipality or special

  7  fire control district, respectively, subject to the limitation

  8  on disbursement under s. 175.122. The sum payable to each

  9  municipality or special fire control district is appropriated

10  annually out of the Police and Firefighters' Premium Tax Trust

11  Fund. The warrants of the Chief Financial Officer Comptroller

12  shall be payable to the respective municipalities and special

13  fire control districts entitled to receive them and shall be

14  remitted annually by the division to the respective

15  municipalities and special fire control districts.  In lieu

16  thereof, the municipality or special fire control district may

17  provide authorization to the division for the direct payment

18  of the premium tax to the board of trustees. In order for a

19  municipality or special fire control district and its pension

20  fund to participate in the distribution of premium tax moneys

21  under this chapter, all the provisions shall be complied with

22  annually, including state acceptance pursuant to part VII of

23  chapter 112.

24         Section 167.  Section 175.151, Florida Statutes, is

25  amended to read:

26         175.151  Penalty for failure of insurers to comply with

27  this act.--If Should any insurance company, corporation or

28  other insurer fails fail to comply with the provisions of this

29  act, on or before March 1 of each year as herein provided, the

30  certificate of authority issued to said insurance company,

31  corporation or other insurer to transact business in this

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  1  state may be canceled and revoked by the Department of

  2  Financial Services Insurance, and it is unlawful for any such

  3  insurance company, corporation, or other insurer to transact

  4  business thereafter in this state unless such insurance

  5  company, corporation, or other insurer shall be granted a new

  6  certificate of authority to transact any business in this

  7  state, in compliance with provisions of law authorizing such

  8  certificate of authority to be issued. The division is

  9  responsible for notifying the Department of Financial Services

10  Insurance regarding any such failure to comply.

11         Section 168.  Subsection (1) of section 185.08, Florida

12  Statutes, is amended to read:

13         185.08  State excise tax on casualty insurance premiums

14  authorized; procedure.--For any municipality, chapter plan,

15  local law municipality, or local law plan under this chapter:

16         (1)  Each incorporated municipality in this state

17  described and classified in s. 185.03, as well as each other

18  city or town of this state which on July 31, 1953, had a

19  lawfully established municipal police officers' retirement

20  trust fund or city fund, by whatever name known, providing

21  pension or relief benefits to police officers as provided

22  under this chapter, may assess and impose on every insurance

23  company, corporation, or other insurer now engaged in or

24  carrying on, or who shall hereafter engage in or carry on, the

25  business of casualty insurance as shown by records of the

26  Department of Financial Services Insurance, an excise tax in

27  addition to any lawful license or excise tax now levied by

28  each of the said municipalities, respectively, amounting to

29  .85 percent of the gross amount of receipts of premiums from

30  policyholders on all premiums collected on casualty insurance

31

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  1  policies covering property within the corporate limits of such

  2  municipalities, respectively.

  3         Section 169.  Subsection (2) of section 185.10, Florida

  4  Statutes, is amended to read:

  5         185.10  Department of Revenue and Division of

  6  Retirement to keep accounts of deposits; disbursements.--For

  7  any municipality having a chapter plan or local law plan under

  8  this chapter:

  9         (2)  The Chief Financial Officer Comptroller shall, on

10  or before July 1 of each year, and at such other times as

11  authorized by the division, draw his or her warrants on the

12  full net amount of money then on deposit pursuant to this

13  chapter in the Police and Firefighters' Premium Tax Trust

14  Fund, specifying the municipalities to which the moneys must

15  be paid and the net amount collected for and to be paid to

16  each municipality, respectively. The sum payable to each

17  municipality is appropriated annually out of the Police and

18  Firefighters' Premium Tax Trust Fund.  The warrants of the

19  Chief Financial Officer Comptroller shall be payable to the

20  respective municipalities entitled to receive them and shall

21  be remitted annually by the division to the respective

22  municipalities. In lieu thereof, the municipality may provide

23  authorization to the division for the direct payment of the

24  premium tax to the board of trustees.  In order for a

25  municipality and its retirement fund to participate in the

26  distribution of premium tax moneys under this chapter, all the

27  provisions shall be complied with annually, including state

28  acceptance pursuant to part VII of chapter 112.

29         Section 170.  Section 185.13, Florida Statutes, is

30  amended to read:

31

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  1         185.13  Failure of insurer to comply with chapter;

  2  penalty.--If Should any insurance company, corporation or

  3  other insurer fails fail to comply with the provisions of this

  4  chapter, on or before March 1 in each year as herein provided,

  5  the certificate of authority issued to said insurance company,

  6  corporation or other insurer to transact business in this

  7  state may be canceled and revoked by the Department of

  8  Financial Services Insurance, and it is unlawful for any such

  9  insurance company, corporation or other insurer to transact

10  any business thereafter in this state unless such insurance

11  company, corporation or other insurer shall be granted a new

12  certificate of authority to transact business in this state,

13  in compliance with provisions of law authorizing such

14  certificate of authority to be issued. The division shall be

15  responsible for notifying the Department of Financial Services

16  Insurance regarding any such failure to comply.

17         Section 171.  Subsections (2), (3), and (5) of section

18  189.4035, Florida Statutes, are amended to read:

19         189.4035  Preparation of official list of special

20  districts.--

21         (2)  The official list shall be produced by the

22  department after the department has notified each special

23  district that is currently reporting to the department, the

24  Department of Financial Services Banking and Finance pursuant

25  to s. 218.32, or the Auditor General pursuant to s. 218.39.

26  Upon notification, each special district shall submit, within

27  60 days, its determination of its status.  The determination

28  submitted by a special district shall be consistent with the

29  status reported in the most recent local government audit of

30  district activities submitted to the Auditor General pursuant

31  to s. 218.39.

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  1         (3)  The Department of Financial Services Banking and

  2  Finance shall provide the department with a list of dependent

  3  special districts reporting pursuant to s. 218.32 for

  4  inclusion on the official list of special districts.

  5         (5)  The official list of special districts shall be

  6  distributed by the department on October 1 of each year to the

  7  President of the Senate, the Speaker of the House of

  8  Representatives, the Auditor General, the Department of

  9  Revenue, the Department of Financial Services Banking and

10  Finance, the Department of Management Services, the State

11  Board of Administration, counties, municipalities, county

12  property appraisers, tax collectors, and supervisors of

13  elections and to all interested parties who request the list.

14         Section 172.  Subsection (1) of section 189.412,

15  Florida Statutes, is amended to read:

16         189.412  Special District Information Program; duties

17  and responsibilities.--The Special District Information

18  Program of the Department of Community Affairs is created and

19  has the following special duties:

20         (1)  The collection and maintenance of special district

21  compliance status reports from the Auditor General, the

22  Department of Financial Services Banking and Finance, the

23  Division of Bond Finance of the State Board of Administration,

24  the Department of Management Services, the Department of

25  Revenue, and the Commission on Ethics for the reporting

26  required in ss. 112.3144, 112.3145, 112.3148, 112.3149,

27  112.63, 200.068, 218.32, 218.34, 218.38, 218.39, and 280.17

28  and chapter 121 and from state agencies administering programs

29  that distribute money to special districts. The special

30  district compliance status reports must consist of a list of

31  special districts used in that state agency and a list of

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  1  which special districts did not comply with the reporting

  2  statutorily required by that agency.

  3         Section 173.  Section 189.427, Florida Statutes, is

  4  amended to read:

  5         189.427  Fee schedule; Operating Trust Fund.--The

  6  Department of Community Affairs, by rule, shall establish a

  7  schedule of fees to pay one-half of the costs incurred by the

  8  department in administering this act, except that the fee may

  9  not exceed $175 per district per year. The fees collected

10  under this section shall be deposited in the Operating Trust

11  Fund, which shall be administered by the Department of

12  Community Affairs. Any fee rule must consider factors such as

13  the dependent and independent status of the district and

14  district revenues for the most recent fiscal year as reported

15  to the Department of Financial Services Banking and Finance.

16  The department may assess fines of not more than $25, with an

17  aggregate total not to exceed $50, as penalties against

18  special districts that fail to remit required fees to the

19  department. It is the intent of the Legislature that general

20  revenue funds will be made available to the department to pay

21  one-half of the cost of administering this act.

22         Section 174.  Subsection (3) of section 190.007,

23  Florida Statutes, is amended to read:

24         190.007  Board of supervisors; general duties.--

25         (3)  The board is authorized to select as a depository

26  for its funds any qualified public depository as defined in s.

27  280.02 which meets all the requirements of chapter 280 and has

28  been designated by the Chief Financial Officer Treasurer as a

29  qualified public depository, upon such terms and conditions as

30  to the payment of interest by such depository upon the funds

31  so deposited as the board may deem just and reasonable.

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  1         Section 175.  Subsection (16) of section 191.006,

  2  Florida Statutes, is amended to read:

  3         191.006  General powers.--The district shall have, and

  4  the board may exercise by majority vote, the following powers:

  5         (16)  To select as a depository for its funds any

  6  qualified public depository as defined in s. 280.02 which

  7  meets all the requirements of chapter 280 and has been

  8  designated by the Chief Financial Officer State Treasurer as a

  9  qualified public depository, upon such terms and conditions as

10  to the payment of interest upon the funds deposited as the

11  board deems just and reasonable.

12         Section 176.  Subsection (4) of section 192.091,

13  Florida Statutes, is amended to read:

14         192.091  Commissions of property appraisers and tax

15  collectors.--

16         (4)  The commissions for collecting taxes assessed for

17  or levied by the state shall be audited, and allowed, by the

18  Comptroller and shall be paid by the Chief Financial Officer

19  Treasurer as other Comptroller's warrants are paid; and

20  commissions for collecting the county taxes shall be audited

21  and paid by the boards of county commissioners of the several

22  counties of this state.  The commissions for collecting all

23  special school district taxes shall be audited by the school

24  board of each respective district and taken out of the funds

25  of the respective special school district under its control

26  and allowed and paid to the tax collectors for collecting such

27  taxes; and the commissions for collecting all other district

28  taxes, whether special or not, shall be audited and paid by

29  the governing board or commission having charge of the

30  financial obligations of such district.  All commissions for

31  collecting special tax district taxes shall be paid at the

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  1  time and in the manner now, or as may hereafter be, provided

  2  for the payment of the commissions for the collection of

  3  county taxes.  All amounts paid as compensation to any tax

  4  collector under the provisions of this or any other law shall

  5  be a part of the general income or compensation of such

  6  officer for the year in which received, and nothing contained

  7  in this section shall be held or construed to affect or

  8  increase the maximum salary as now provided by law for any

  9  such officer.

10         Section 177.  Subsection (3) of section 192.102,

11  Florida Statutes, is amended to read:

12         192.102  Payment of property appraisers' and

13  collectors' commissions.--

14         (3)  The Chief Financial Officer Comptroller of the

15  state shall issue to each of the county property appraisers

16  and collectors of taxes, on the first Monday of January,

17  April, July, and October, on demand of such county property

18  appraisers and collectors of taxes after approval by the

19  Department of Revenue, and shall pay, his or her warrant,

20  which shall be paid by the Treasurer of the state, for an

21  amount equal to one-fourth of four-fifths of the total amount

22  of commissions received by such county property appraisers and

23  collectors of taxes or their predecessors in office from the

24  state during and for the preceding year, and the balance of

25  the commissions earned by such county property appraiser and

26  collector of taxes, respectively, during each year, over and

27  above the amount of such installment payments herein provided

28  for, shall be payable when a report of errors and double

29  assessments is approved by the county commissioners and a copy

30  thereof filed with the Department of Revenue.

31

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  1         Section 178.  Subsection (1) of section 193.092,

  2  Florida Statutes, is amended to read:

  3         193.092  Assessment of property for back taxes.--

  4         (1)  When it shall appear that any ad valorem tax might

  5  have been lawfully assessed or collected upon any property in

  6  the state, but that such tax was not lawfully assessed or

  7  levied, and has not been collected for any year within a

  8  period of 3 years next preceding the year in which it is

  9  ascertained that such tax has not been assessed, or levied, or

10  collected, then the officers authorized shall make the

11  assessment of taxes upon such property in addition to the

12  assessment of such property for the current year, and shall

13  assess the same separately for such property as may have

14  escaped taxation at and upon the basis of valuation applied to

15  such property for the year or years in which it escaped

16  taxation, noting distinctly the year when such property

17  escaped taxation and such assessment shall have the same force

18  and effect as it would have had if it had been made in the

19  year in which the property shall have escaped taxation, and

20  taxes shall be levied and collected thereon in like manner and

21  together with taxes for the current year in which the

22  assessment is made.  But no property shall be assessed for

23  more than 3 years' arrears of taxation, and all property so

24  escaping taxation shall be subject to such taxation to be

25  assessed in whomsoever's hands or possession the same may be

26  found; provided, that the county property appraiser shall not

27  assess any lot or parcel of land certified or sold to the

28  state for any previous years unless such lot or parcel of

29  lands so certified or sold shall be included in the list

30  furnished by the Chief Financial Officer Comptroller to the

31  county property appraiser as provided by law; provided, if

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  1  real or personal property be assessed for taxes, and because

  2  of litigation delay ensues and the assessment be held invalid

  3  the taxing authorities, may reassess such property within the

  4  time herein provided after the termination of such litigation;

  5  provided further, that personal property acquired in good

  6  faith by purchase shall not be subject to assessment for taxes

  7  for any time prior to the time of such purchase, but the

  8  individual or corporation liable for any such assessment shall

  9  continue personally liable for same.

10         Section 179.  Section 195.101, Florida Statutes, is

11  amended to read:

12         195.101  Withholding of state funds.--

13         (1)  The Department of Revenue is hereby directed to

14  determine each year whether the several counties of this state

15  are assessing the real and tangible personal property within

16  their jurisdiction in accordance with law.  If the Department

17  of Revenue determines that any county is assessing property at

18  less than that prescribed by law, the Chief Financial Officer

19  Comptroller shall withhold from such county a portion of any

20  state funds to which the county may be entitled equal to the

21  difference of the amount assessed and the amount required to

22  be assessed by law.

23         (2)  The Department of Revenue is hereby directed to

24  determine each year whether the several municipalities of this

25  state are assessing the real and tangible personal property

26  within their jurisdiction in accordance with law.  If the

27  Department of Revenue determines that any municipality is

28  assessing property at less than that prescribed by law, the

29  Chief Financial Officer Comptroller shall withhold from such

30  municipality a portion of any state funds to which that

31

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  1  municipality may be entitled equal to the difference of the

  2  amount assessed and the amount required to be assessed by law.

  3         Section 180.  Subsection (1) of section 198.29, Florida

  4  Statutes, is amended to read:

  5         198.29  Refunds of excess tax paid.--

  6         (1)  Whenever it appears, upon the examination of any

  7  return made under this chapter or upon proof submitted to the

  8  department by the personal representative, that an amount of

  9  estate tax has been paid in excess of the tax legally due

10  under this chapter, the amount of such overpayment, together

11  with any overpayment of interest thereon shall be refunded to

12  the personal representative and paid by upon the warrant of

13  the Chief Financial Officer Comptroller, drawn upon the

14  Treasurer who shall honor and pay the same; such refund shall

15  be made by the department as a matter of course regardless of

16  whether or not the personal representative has filed a written

17  claim therefor, except that upon request of the department,

18  the personal representative shall file with the department a

19  conformed copy of any written claim for refund of federal

20  estate tax which has theretofore been filed with the United

21  States.

22         Section 181.  Paragraph (a) of subsection (7) of

23  section 199.232, Florida Statutes, is amended to read:

24         199.232  Powers of department.--

25         (7)(a)  If it appears, upon examination of an

26  intangible tax return made under this chapter or upon proof

27  submitted to the department by the taxpayer, that an amount of

28  intangible personal property tax has been paid in excess of

29  the amount due, the department shall refund the amount of the

30  overpayment to the taxpayer by a warrant of the Chief

31  Financial Officer Comptroller, drawn upon the Treasurer. The

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  1  department shall refund the overpayment without regard to

  2  whether the taxpayer has filed a written claim for a refund;

  3  however, the department may request that the taxpayer file a

  4  statement affirming that the taxpayer made the overpayment.

  5         Section 182.  Paragraph (a) of subsection (1) of

  6  section 203.01, Florida Statutes, is amended to read:

  7         203.01  Tax on gross receipts for utility and

  8  communications services.--

  9         (1)(a)1.  Every person that receives payment for any

10  utility service shall report by the last day of each month to

11  the Department of Revenue, under oath of the secretary or some

12  other officer of such person, the total amount of gross

13  receipts derived from business done within this state, or

14  between points within this state, for the preceding month and,

15  at the same time, shall pay into the State Treasury an amount

16  equal to a percentage of such gross receipts at the rate set

17  forth in paragraph (b).  Such collections shall be certified

18  by the Chief Financial Officer Comptroller upon the request of

19  the State Board of Education.

20         2.  A tax is levied on communications services as

21  defined in s. 202.11(3). Such tax shall be applied to the same

22  services and transactions as are subject to taxation under

23  chapter 202, and to communications services that are subject

24  to the exemption provided in s. 202.125(1). Such tax shall be

25  applied to the sales price of communications services when

26  sold at retail and to the actual cost of operating substitute

27  communications systems, as such terms are defined in s.

28  202.11, shall be due and payable at the same time as the taxes

29  imposed pursuant to chapter 202, and shall be administered and

30  collected pursuant to the provisions of chapter 202.

31

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  1         Section 183.  Subsection (1) of section 206.46, Florida

  2  Statutes, is amended to read:

  3         206.46  State Transportation Trust Fund.--

  4         (1)  All moneys in the State Transportation Trust Fund,

  5  which is hereby created, shall be used for transportation

  6  purposes, as provided by law, under the direction of the

  7  Department of Transportation, which department may from time

  8  to time make requisition on the Chief Financial Officer

  9  Comptroller for such funds.  Moneys from such fund shall be

10  drawn by the Chief Financial Officer Comptroller by warrant

11  upon the State Treasury pursuant to vouchers and shall be paid

12  in like manner as other state warrants are paid out of the

13  appropriated fund against which the warrants are drawn.  All

14  sums of money necessary to provide for the payment of the

15  warrants by the Chief Financial Officer Comptroller drawn upon

16  such fund are appropriated annually out of the fund for the

17  purpose of making such payments from time to time.

18         Section 184.  Subsection (4) of section 210.16, Florida

19  Statutes, is amended to read:

20         210.16  Revocation or suspension of permit.--

21         (4)  In lieu of the suspension or revocation of

22  permits, the division may impose civil penalties against

23  holders of permits for violations of this part or rules and

24  regulations relating thereto.  No civil penalty so imposed

25  shall exceed $1,000 for each offense, and all amounts

26  collected shall be deposited with the Chief Financial Officer

27  State Treasurer to the credit of the General Revenue Fund.  If

28  the holder of the permit fails to pay the civil penalty, his

29  or her permit shall be suspended for such period of time as

30  the division may specify.

31

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  1         Section 185.  Subsection (2) of section 210.20, Florida

  2  Statutes, is amended to read:

  3         210.20  Employees and assistants; distribution of

  4  funds.--

  5         (2)  As collections are received by the division from

  6  such cigarette taxes, it shall pay the same into a trust fund

  7  in the State Treasury designated "Cigarette Tax Collection

  8  Trust Fund" which shall be paid and distributed as follows:

  9         (a)  The division shall from month to month certify to

10  the Chief Financial Officer Comptroller the amount derived

11  from the cigarette tax imposed by s. 210.02, less the service

12  charges provided for in s. 215.20 and less 0.9 percent of the

13  amount derived from the cigarette tax imposed by s. 210.02,

14  which shall be deposited into the Alcoholic Beverage and

15  Tobacco Trust Fund, specifying the amounts to be transferred

16  from the Cigarette Tax Collection Trust Fund and credited on

17  the basis of 2.9 percent of the net collections to the Revenue

18  Sharing Trust Fund for Counties and 29.3 percent of the net

19  collections for the funding of indigent health care to the

20  Public Medical Assistance Trust Fund.

21         (b)  Beginning January 1, 1999, and continuing for 10

22  years thereafter, the division shall from month to month

23  certify to the Chief Financial Officer Comptroller the amount

24  derived from the cigarette tax imposed by s. 210.02, less the

25  service charges provided for in s. 215.20 and less 0.9 percent

26  of the amount derived from the cigarette tax imposed by s.

27  210.02 which shall be deposited into the Alcoholic Beverage

28  and Tobacco Trust Fund, specifying an amount equal to 2.59

29  percent of the net collections, and that amount shall be paid

30  to the Board of Directors of the H. Lee Moffitt Cancer Center

31  and Research Institute, established under s. 240.512, by

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  1  warrant drawn by the Chief Financial Officer Comptroller upon

  2  the State Treasury. These funds are hereby appropriated

  3  monthly out of the Cigarette Tax Collection Trust Fund, to be

  4  used for the purpose of constructing, furnishing, and

  5  equipping a cancer research facility at the University of

  6  South Florida adjacent to the H. Lee Moffitt Cancer Center and

  7  Research Institute.  In fiscal years 1999-2000 and thereafter

  8  with the exception of fiscal year 2008-2009, the appropriation

  9  to the H. Lee Moffitt Cancer Center and Research Institute

10  authorized by this paragraph shall not be less than the amount

11  which would have been paid to the H. Lee Moffitt Cancer Center

12  and Research Institute for fiscal year 1998-1999 had payments

13  been made for the entire fiscal year rather than for a 6-month

14  period thereof.

15         Section 186.  Subsection (4) of section 210.50, Florida

16  Statutes, is amended to read:

17         210.50  Revocation or suspension of license.--

18         (4)  In lieu of the suspension or revocation of

19  licenses, the division may impose civil penalties against

20  holders of licenses for violations of this part or rules

21  relating thereto. No civil penalty so imposed shall exceed

22  $1,000 for each offense, and all amounts collected shall be

23  deposited with the Chief Financial Officer State Treasurer to

24  the credit of the General Revenue Fund.  If the holder of the

25  license fails to pay the civil penalty, his or her license

26  shall be suspended for such period of time as the division may

27  specify.

28         Section 187.  Subsection (1) of section 211.06, Florida

29  Statutes, is amended to read:

30         211.06  Oil and Gas Tax Trust Fund; distribution of tax

31  proceeds.--All taxes, interest, and penalties imposed under

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  1  this part shall be collected by the department and placed in a

  2  special fund designated the "Oil and Gas Tax Trust Fund."

  3         (1)  There is hereby annually appropriated a sufficient

  4  amount from the Oil and Gas Tax Trust Fund for the Chief

  5  Financial Officer Comptroller to refund any overpayments that

  6  which have been properly approved.

  7         Section 188.  Paragraph (d) of subsection (1) of

  8  section 211.32, Florida Statutes, is amended to read:

  9         211.32  Tax on solid minerals; Land Reclamation Trust

10  Fund; refund for restoration and reclamation.--

11         (1)

12         (d)  The Chief Financial Officer Comptroller shall,

13  upon written verification of compliance with paragraph (a),

14  paragraph (b), or paragraph (c) by the Department of

15  Environmental Protection, and upon verification of the cost of

16  the restoration and reclamation program or, if paragraph (c)

17  is elected, the fair market value of the land, grant refunds,

18  to be paid from the Land Reclamation Trust Fund, of the taxes

19  paid under this part, in an amount equal to 100 percent of the

20  costs incurred in complying with paragraph (a) or paragraph

21  (b), or 100 percent of the fair market value of the land

22  transferred in complying with paragraph (c), subject to the

23  following limitations:

24         1.  A taxpayer shall not be entitled to refunds in

25  excess of the amount of taxes paid by the taxpayer under this

26  part which are deposited in the Land Reclamation Trust Fund.

27         2.  A taxpayer shall not be entitled to the payment of

28  a refund for costs incurred in connection with a particular

29  restoration and reclamation program unless and until the

30  taxpayer is accomplishing the program in reasonable compliance

31

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  1  with the criteria established by the Department of

  2  Environmental Protection.

  3         Section 189.  Paragraph (m) of subsection (5) of

  4  section 212.08, Florida Statutes, is amended to read:

  5         212.08  Sales, rental, use, consumption, distribution,

  6  and storage tax; specified exemptions.--The sale at retail,

  7  the rental, the use, the consumption, the distribution, and

  8  the storage to be used or consumed in this state of the

  9  following are hereby specifically exempt from the tax imposed

10  by this chapter.

11         (5)  EXEMPTIONS; ACCOUNT OF USE.--

12         (m)  Educational materials purchased by certain child

13  care facilities.--Educational materials, such as glue, paper,

14  paints, crayons, unique craft items, scissors, books, and

15  educational toys, purchased by a child care facility that

16  meets the standards delineated in s. 402.305, is licensed

17  under s. 402.308, holds a current Gold Seal Quality Care

18  designation pursuant to s. 402.281, and provides basic health

19  insurance to all employees are exempt from the taxes imposed

20  by this chapter. For purposes of this paragraph, the term

21  "basic health insurance" shall be defined and promulgated in

22  rules developed jointly by the Department of Children and

23  Family Services, the Agency for Health Care Administration,

24  and the Department of Financial Services Insurance.

25         Section 190.  Paragraph (c) of subsection (6) of

26  section 212.12, Florida Statutes, is amended to read:

27         212.12  Dealer's credit for collecting tax; penalties

28  for noncompliance; powers of Department of Revenue in dealing

29  with delinquents; brackets applicable to taxable transactions;

30  records required.--

31         (6)

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  1         (c)1.  If the records of a dealer are adequate but

  2  voluminous in nature and substance, the department may sample

  3  such records, except for fixed assets, and project the audit

  4  findings derived therefrom over the entire audit period to

  5  determine the proportion that taxable retail sales bear to

  6  total retail sales or the proportion that taxable purchases

  7  bear to total purchases. In order to conduct such a sample,

  8  the department must first make a good faith effort to reach an

  9  agreement with the dealer, which agreement provides for the

10  means and methods to be used in the sampling process.  In the

11  event that no agreement is reached, the dealer is entitled to

12  a review by the executive director.

13         2.  For the purposes of sampling pursuant to

14  subparagraph 1., the department shall project any deficiencies

15  and overpayments derived therefrom over the entire audit

16  period. In determining the dealer's compliance, the department

17  shall reduce any tax deficiency as derived from the sample by

18  the amount of any overpayment derived from the sample. In the

19  event the department determines from the sample results that

20  the dealer has a net tax overpayment, the department shall

21  provide the findings of this overpayment to the Chief

22  Financial Officer Comptroller for repayment of funds paid into

23  the State Treasury through error pursuant to s. 215.26.

24         Section 191.  Subsection (1) of section 212.20, Florida

25  Statutes, is amended to read:

26         212.20  Funds collected, disposition; additional powers

27  of department; operational expense; refund of taxes

28  adjudicated unconstitutionally collected.--

29         (1)  The department shall pay over to the Chief

30  Financial Officer Treasurer of the state all funds received

31  and collected by it under the provisions of this chapter, to

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  1  be credited to the account of the General Revenue Fund of the

  2  state.

  3         Section 192.  Subsections (4) and (6), paragraph (e) of

  4  subsection (7) and subsection (13) of section 213.053, Florida

  5  Statutes, are amended to read:

  6         213.053  Confidentiality and information sharing.--

  7         (4)  Nothing contained in this section shall prevent

  8  the department from publishing statistics so classified as to

  9  prevent the identification of particular accounts, reports,

10  declarations, or returns or prevent the department from

11  disclosing to the Chief Financial Officer Comptroller the

12  names and addresses of those taxpayers who have claimed an

13  exemption pursuant to s. 199.185(1)(i) or a deduction pursuant

14  to s. 220.63(5).

15         (6)  Any information received by the Department of

16  Revenue in connection with the administration of taxes,

17  including, but not limited to, information contained in

18  returns, reports, accounts, or declarations filed by persons

19  subject to tax, shall be made available by the department to

20  the Auditor General or his or her authorized agent, the

21  director of the Office of Program Policy Analysis and

22  Government Accountability or his or her authorized agent, the

23  Chief Financial Officer Comptroller or his or her authorized

24  agent, the Insurance Commissioner or his or her authorized

25  agent, the Treasurer or his or her authorized agent, or a

26  property appraiser or tax collector or their authorized agents

27  pursuant to s. 195.084(1), in the performance of their

28  official duties, or to designated employees of the Department

29  of Education solely for determination of each school

30  district's price level index pursuant to s. 236.081(2);

31  however, no information shall be disclosed to the Auditor

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  1  General or his or her authorized agent, the director of the

  2  Office of Program Policy Analysis and Government

  3  Accountability or his or her authorized agent, the Chief

  4  Financial Officer Comptroller or his or her authorized agent,

  5  the Insurance Commissioner or his or her authorized agent, the

  6  Treasurer or his or her authorized agent, or to a property

  7  appraiser or tax collector or their authorized agents, or to

  8  designated employees of the Department of Education if such

  9  disclosure is prohibited by federal law.  The Auditor General

10  or his or her authorized agent, the director of the Office of

11  Program Policy Analysis and Government Accountability or his

12  or her authorized agent, the Chief Financial Officer

13  Comptroller or his or her authorized agent, the Treasurer or

14  his or her authorized agent, and the property appraiser or tax

15  collector and their authorized agents, or designated employees

16  of the Department of Education shall be subject to the same

17  requirements of confidentiality and the same penalties for

18  violation of the requirements as the department.  For the

19  purpose of this subsection, "designated employees of the

20  Department of Education" means only those employees directly

21  responsible for calculation of price level indices pursuant to

22  s. 236.081(2).  It does not include the supervisors of such

23  employees or any other employees or elected officials within

24  the Department of Education.

25         (7)  Notwithstanding any other provision of this

26  section, the department may provide:

27         (e)  Names, addresses, taxpayer identification numbers,

28  and outstanding tax liabilities to the Department of the

29  Lottery and the Department of Financial Services Banking and

30  Finance in the conduct of their official duties.

31

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  1         (13)  Notwithstanding the provisions of s. 896.102(2),

  2  the department may allow full access to the information and

  3  documents required to be filed with it under s. 896.102(1) to

  4  federal, state, and local law enforcement and prosecutorial

  5  agencies, and to the Department of Financial Services Banking

  6  and Finance, and any of those agencies may use the information

  7  and documents in any civil or criminal investigation and in

  8  any court proceedings.

  9         Section 193.  Section 213.054, Florida Statutes, is

10  amended to read:

11         213.054  Persons claiming tax exemptions or deductions;

12  annual report.--The Department of Revenue shall be responsible

13  for monitoring the utilization of tax exemptions and tax

14  deductions authorized pursuant to chapter 81-179, Laws of

15  Florida.  On or before September 1 of each year, the

16  department shall report to the Chief Financial Officer

17  Comptroller the names and addresses of all persons who have

18  claimed an exemption pursuant to s. 199.185(1)(i) or a

19  deduction pursuant to s. 220.63(5).

20         Section 194.  Subsection (6) of section 213.255,

21  Florida Statutes, is amended to read:

22         213.255  Interest.--Interest shall be paid on

23  overpayments of taxes, payment of taxes not due, or taxes paid

24  in error, subject to the following conditions:

25         (6)  Interest shall be paid until a date determined by

26  the department which shall be no more than 7 days prior to the

27  date of the issuance of the refund warrant by the Chief

28  Financial Officer Comptroller.

29         Section 195.  Subsection (9) of section 213.67, Florida

30  Statutes, is amended to read:

31         213.67  Garnishment.--

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  1         (9)  The department shall provide notice to the Chief

  2  Financial Officer Comptroller, in electronic or other form

  3  specified by the Chief Financial Officer Comptroller, listing

  4  the taxpayers for which tax warrants are outstanding. Pursuant

  5  to subsection (1), the Chief Financial Officer Comptroller

  6  shall, upon notice from the department, withhold all payments

  7  to any person or business, as defined in s. 212.02, which

  8  provides commodities or services to the state, leases real

  9  property to the state, or constructs a public building or

10  public work for the state. The department may levy upon the

11  withheld payments in accordance with subsection (3). The

12  provisions of s. 215.422 do not apply from the date the notice

13  is filed with the Chief Financial Officer Comptroller until

14  the date the department notifies the Chief Financial Officer

15  Comptroller of its consent to make payment to the person or 60

16  days after receipt of the department's notice in accordance

17  with subsection (1), whichever occurs earlier.

18         Section 196.  Subsection (4) of section 213.75, Florida

19  Statutes, is amended to read:

20         213.75  Application of payments.--

21         (4)  Any surplus proceeds remaining after the

22  application of subsection (3) shall, upon application and

23  satisfactory proof thereof, be refunded by the Chief Financial

24  Officer Comptroller to the person or persons legally entitled

25  thereto pursuant to s. 215.26.

26         Section 197.  Section 215.02, Florida Statutes, is

27  amended to read:

28         215.02  Manner of paying money into the

29  Treasury.--Whenever any officer of this state or other person

30  desires to pay any money into the Treasury of the state on

31  account of his or her indebtedness to the state, the person

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  1  shall first go into the Department of Financial Services

  2  Banking and Finance, and there ascertain from the department's

  3  books the amount of his or her indebtedness to the state, and

  4  thereupon the department shall give that person a memorandum

  5  or certificate of the amount of such indebtedness, and on what

  6  account.  Second, the person shall take said certificate with

  7  him or her to the Department of Insurance and deliver the same

  8  and pay over to the Chief Financial Officer Insurance

  9  Commissioner and Treasurer the amount ascertained called for

10  in said certificate.  Third, The Chief Financial Officer

11  Insurance Commissioner and Treasurer shall receive the money,

12  make a proper entry thereof, file the certificate of the

13  Department of Banking and Finance, and give a certificate to

14  the party paying over the money, acknowledging the receipt of

15  the money, and on what account; which certificate thus

16  received, the party shall return to the Department of Banking

17  and Finance, on receipt of which the department shall give the

18  party a receipt for the amount, and enter a credit on the

19  party's account in his or her books for the amount thus paid

20  by him or her to the Insurance Commissioner and Treasurer, and

21  file the certificate received from the Insurance Commissioner

22  and Treasurer.

23         Section 198.  Section 215.03, Florida Statutes, is

24  amended to read:

25         215.03  Party to be reimbursed on reversal of judgment

26  for state.--Whenever upon appeal in civil cases, any judgment

27  in favor of the state has been or shall be reversed and set

28  aside, which may have been paid in part by the appellant, the

29  Chief Financial Officer Comptroller shall issue his or her

30  warrant upon the Treasurer to reimburse the appellant for all

31  sums paid in discharge of such judgment and cost, provided the

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  1  appellant shall adduce satisfactory evidence to the Chief

  2  Financial Officer Comptroller of the sums paid as aforesaid.

  3         Section 199.  Section 215.04, Florida Statutes, is

  4  amended to read:

  5         215.04  Department of Financial Services Banking and

  6  Finance to report delinquents.--The Department of Financial

  7  Services Banking and Finance shall report to the state

  8  attorney of the proper circuit the name of any delinquent

  9  officer whose delinquency concerns the department, so soon as

10  such delinquency shall occur; and the state attorney shall

11  proceed forthwith against such delinquent.

12         Section 200.  Section 215.05, Florida Statutes, is

13  amended to read:

14         215.05  Department of Financial Services Banking and

15  Finance to certify accounts of delinquents.--When any revenue

16  officer or other person accountable for public money shall

17  neglect or refuse to pay into the treasury the sum or balance

18  reported to be due to the state, upon the adjustment of that

19  person's account, the Department of Financial Services Banking

20  and Finance shall immediately hand over to the state attorney

21  of the proper circuit the statement of the sum or balance

22  certified under its seal of office, so due; and the state

23  attorney shall institute suit for the recovery of the same,

24  adding to the sum or balance stated to be due on such account

25  the commissions of the delinquent, which shall be forfeited in

26  every instance where suit is commenced and judgment is

27  obtained thereon, and an interest of 8 percent per annum from

28  the time of the delinquent's receiving the money until it

29  shall be paid into the State Treasury.

30         Section 201.  Section 215.11, Florida Statutes, is

31  amended to read:

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  1         215.11  Defaulting officers; Department of Financial

  2  Services Banking and Finance to report to clerk.--The

  3  Department of Financial Services Banking and Finance shall,

  4  within 90 days after the expiration of the term of office of

  5  any tax collector, sheriff, clerk of the circuit or county

  6  court, treasurer, or any other officer of any county who has

  7  the collection, custody, and control of any state funds, who

  8  shall be in arrears in his or her accounts with the state,

  9  make up and forward to the clerk of the circuit court of such

10  county a statement of his or her accounts with the state.

11         Section 202.  Paragraph (cc) of subsection (4) of

12  section 215.20, Florida Statutes, is amended to read:

13         215.20  Certain income and certain trust funds to

14  contribute to the General Revenue Fund.--

15         (4)  The income of a revenue nature deposited in the

16  following described trust funds, by whatever name designated,

17  is that from which the deductions authorized by subsection (3)

18  shall be made:

19         (cc)  The Insurance Commissioner's Regulatory Trust

20  Fund created by s. 624.523.

21

22  The enumeration of the foregoing moneys or trust funds shall

23  not prohibit the applicability thereto of s. 215.24 should the

24  Governor determine that for the reasons mentioned in s. 215.24

25  the money or trust funds should be exempt herefrom, as it is

26  the purpose of this law to exempt income from its force and

27  effect when, by the operation of this law, federal matching

28  funds or contributions or private grants to any trust fund

29  would be lost to the state.

30         Section 203.  Paragraphs (e) and (g) of subsection (1)

31  of section 215.22, Florida Statutes, is amended to read:

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  1         215.22  Certain income and certain trust funds

  2  exempt.--

  3         (1)  The following income of a revenue nature or the

  4  following trust funds shall be exempt from the deduction

  5  required by s. 215.20(1):

  6         (e)  State, agency, or political subdivision

  7  investments by the Chief Financial Officer Treasurer.

  8         (g)  Self-insurance programs administered by the Chief

  9  Financial Officer Treasurer.

10         Section 204.  Section 215.23, Florida Statutes, is

11  amended to read:

12         215.23  When contributions to be made.--The deductions

13  required by s. 215.20 shall be paid into the appropriate fund

14  by the Department of Financial Services Banking and Finance or

15  by the Chief Financial Officer State Treasurer, as the case

16  may be, for quarterly periods ending March 31, June 30,

17  September 30, and December 31 of each year, and when so paid

18  shall thereupon become a part of that fund to be accounted for

19  and disbursed as provided by law.

20         Section 205.  Section 215.24, Florida Statutes, is

21  amended to read:

22         215.24  Exemptions where federal contributions or

23  private grants.--

24         (1)  Should any state fund be the recipient of federal

25  contributions or private grants, either by the matching of

26  state funds or by a general donation to state funds, and the

27  payment of moneys into the General Revenue Fund under s.

28  215.20 should cause such fund to lose federal or private

29  assistance, the Governor shall certify to the Department of

30  Financial Services Banking and Finance and to the Chief

31

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  1  Financial Officer State Treasurer that said income is for that

  2  reason exempt from the force and effect of s. 215.20.

  3         (2)  Should it be determined by the Governor that by

  4  reason of payments already made into the General Revenue Fund

  5  by any fund under this law, such fund is subject to the loss

  6  of federal or private assistance, then the Governor shall

  7  certify to the Department of Financial Services Banking and

  8  Finance and to the Chief Financial Officer State Treasurer

  9  that the income from such assistance is exempt from the

10  provisions of this law, and the Department of Financial

11  Services Banking and Finance or the Chief Financial Officer

12  State Treasurer, as the case may be, shall thereupon refund

13  and pay over to such fund any amount previously paid into the

14  General Revenue Fund from such income.

15         Section 206.  Section 215.25, Florida Statutes, is

16  amended to read:

17         215.25  Manner of contributions; rules and

18  regulations.--The Department of Financial Services Banking and

19  Finance and the Chief Financial Officer State Treasurer are

20  hereby authorized to ascertain and determine the manner in

21  which the required amounts shall be deducted and paid and to

22  adopt and effectuate such rules and procedure as may be

23  necessary for carrying out the provisions of this law.  Such

24  rules and procedure shall be approved by the Executive Office

25  of the Governor.

26         Section 207.  Subsections (1), (2), and (5) of section

27  215.26, Florida Statutes, are amended to read:

28         215.26  Repayment of funds paid into State Treasury

29  through error.--

30         (1)  The Chief Financial Officer Comptroller of the

31  state may refund to the person who paid same, or his or her

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  1  heirs, personal representatives, or assigns, any moneys paid

  2  into the State Treasury which constitute:

  3         (a)  An overpayment of any tax, license, or account

  4  due;

  5         (b)  A payment where no tax, license, or account is

  6  due; and

  7         (c)  Any payment made into the State Treasury in error;

  8

  9  and if any such payment has been credited to an appropriation,

10  such appropriation shall at the time of making any such

11  refund, be charged therewith. There are appropriated from the

12  proper respective funds from time to time such sums as may be

13  necessary for such refunds.

14         (2)  Application for refunds as provided by this

15  section must be filed with the Chief Financial Officer

16  Comptroller, except as otherwise provided in this subsection,

17  within 3 years after the right to the refund has accrued or

18  else the right is barred. Except as provided in chapter 198

19  and s. 220.23, an application for a refund of a tax enumerated

20  in s. 72.011, which tax was paid after September 30, 1994, and

21  before July 1, 1999, must be filed with the Chief Financial

22  Officer Comptroller within 5 years after the date the tax is

23  paid, and within 3 years after the date the tax was paid for

24  taxes paid on or after July 1, 1999. The Chief Financial

25  Officer Comptroller may delegate the authority to accept an

26  application for refund to any state agency, or the judicial

27  branch, vested by law with the responsibility for the

28  collection of any tax, license, or account due. The

29  application for refund must be on a form approved by the Chief

30  Financial Officer Comptroller and must be supplemented with

31  additional proof the Chief Financial Officer Comptroller deems

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  1  necessary to establish the claim; provided, the claim is not

  2  otherwise barred under the laws of this state. Upon receipt of

  3  an application for refund, the judicial branch or the state

  4  agency to which the funds were paid shall make a determination

  5  of the amount due. If an application for refund is denied, in

  6  whole or in part, the judicial branch or such state agency

  7  shall notify the applicant stating the reasons therefor. Upon

  8  approval of an application for refund, the judicial branch or

  9  such state agency shall furnish the Chief Financial Officer

10  Comptroller with a properly executed voucher authorizing

11  payment.

12         (5)  When a taxpayer has pursued administrative

13  remedies before the Department of Revenue pursuant to s.

14  213.21 and has failed to comply with the time limitations and

15  conditions provided in ss. 72.011 and 120.80(14)(b), a claim

16  of refund under subsection (1) shall be denied by the Chief

17  Financial Officer Comptroller. However, the Chief Financial

18  Officer Comptroller may entertain a claim for refund under

19  this subsection when the taxpayer demonstrates that his or her

20  failure to pursue remedies under chapter 72 was not due to

21  neglect or for the purpose of delaying payment of lawfully

22  imposed taxes and can demonstrate reasonable cause for such

23  failure.

24         Section 208.  Section 215.29, Florida Statutes, is

25  amended to read:

26         215.29  Classification of Chief Financial Officer's

27  Comptroller's warrants; report.--All disbursements made by the

28  state upon Chief Financial Officer's Comptroller's warrants

29  shall be classified according to officers, offices, bureaus,

30  divisions, boards, commissions, institutions, other agencies

31  and undertakings, or the judicial branch, and shall be further

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  1  classified according to personal services, contractual

  2  services, commodities, current charges, current obligations,

  3  capital outlays, debt payments, or investments or such

  4  additional classifications as may be prescribed or authorized

  5  by law.  Such detail classifications shall be printed in the

  6  Chief Financial Officer's Comptroller's annual reports.

  7         Section 209.  Section 215.31, Florida Statutes, is

  8  amended to read:

  9         215.31  State funds; deposit in State

10  Treasury.--Revenue, including licenses, fees, imposts, or

11  exactions collected or received under the authority of the

12  laws of the state by each and every state official, office,

13  employee, bureau, division, board, commission, institution,

14  agency, or undertaking of the state or the judicial branch

15  shall be promptly deposited in the State Treasury, and

16  immediately credited to the appropriate fund as herein

17  provided, properly accounted for by the Department of

18  Financial Services Banking and Finance as to source and no

19  money shall be paid from the State Treasury except as

20  appropriated and provided by the annual General Appropriations

21  Act, or as otherwise provided by law.

22         Section 210.  Section 215.32, Florida Statutes, is

23  amended to read:

24         215.32  State funds; segregation.--

25         (1)  All moneys received by the state shall be

26  deposited in the State Treasury unless specifically provided

27  otherwise by law and shall be deposited in and accounted for

28  by the Chief Financial Officer Treasurer and the Department of

29  Financial Services Banking and Finance within the following

30  funds, which funds are hereby created and established:

31         (a)  General Revenue Fund.

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  1         (b)  Trust funds.

  2         (c)  Working Capital Fund.

  3         (d)  Budget Stabilization Fund.

  4         (2)  The source and use of each of these funds shall be

  5  as follows:

  6         (a)  The General Revenue Fund shall consist of all

  7  moneys received by the state from every source whatsoever,

  8  except as provided in paragraphs (b) and (c).  Such moneys

  9  shall be expended pursuant to General Revenue Fund

10  appropriations acts or transferred as provided in paragraph

11  (c).  Annually, at least 5 percent of the estimated increase

12  in General Revenue Fund receipts for the upcoming fiscal year

13  over the current year General Revenue Fund effective

14  appropriations shall be appropriated for state-level capital

15  outlay, including infrastructure improvement and general

16  renovation, maintenance, and repairs.

17         (b)1.  The trust funds shall consist of moneys received

18  by the state which under law or under trust agreement are

19  segregated for a purpose authorized by law.  The state agency

20  or branch of state government receiving or collecting such

21  moneys shall be responsible for their proper expenditure as

22  provided by law.  Upon the request of the state agency or

23  branch of state government responsible for the administration

24  of the trust fund, the Chief Financial Officer Comptroller may

25  establish accounts within the trust fund at a level considered

26  necessary for proper accountability. Once an account is

27  established within a trust fund, the Chief Financial Officer

28  Comptroller may authorize payment from that account only upon

29  determining that there is sufficient cash and releases at the

30  level of the account.

31

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  1         2.  In order to maintain a minimum number of trust

  2  funds in the State Treasury, each state agency or the judicial

  3  branch may consolidate, if permitted under the terms and

  4  conditions of their receipt, the trust funds administered by

  5  it; provided, however, the agency or judicial branch employs

  6  effectively a uniform system of accounts sufficient to

  7  preserve the integrity of such trust funds; and provided,

  8  further, that consolidation of trust funds is approved by the

  9  Governor or the Chief Justice.

10         3.  All such moneys are hereby appropriated to be

11  expended in accordance with the law or trust agreement under

12  which they were received, subject always to the provisions of

13  chapter 216 relating to the appropriation of funds and to the

14  applicable laws relating to the deposit or expenditure of

15  moneys in the State Treasury.

16         4.a.  Notwithstanding any provision of law restricting

17  the use of trust funds to specific purposes, unappropriated

18  cash balances from selected trust funds may be authorized by

19  the Legislature for transfer to the Budget Stabilization Fund

20  and Working Capital Fund in the General Appropriations Act.

21         b.  This subparagraph does not apply to trust funds

22  required by federal programs or mandates; trust funds

23  established for bond covenants, indentures, or resolutions

24  whose revenues are legally pledged by the state or public body

25  to meet debt service or other financial requirements of any

26  debt obligations of the state or any public body; the State

27  Transportation Trust Fund; the trust fund containing the net

28  annual proceeds from the Florida Education Lotteries; the

29  Florida Retirement System Trust Fund; trust funds under the

30  management of the Board of Regents, where such trust funds are

31  for auxiliary enterprises, self-insurance, and contracts,

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  1  grants, and donations, as those terms are defined by general

  2  law; trust funds that serve as clearing funds or accounts for

  3  the Chief Financial Officer Comptroller or state agencies;

  4  trust funds that account for assets held by the state in a

  5  trustee capacity as an agent or fiduciary for individuals,

  6  private organizations, or other governmental units; and other

  7  trust funds authorized by the State Constitution.

  8         (c)1.  The Budget Stabilization Fund shall consist of

  9  amounts equal to at least 5 percent of net revenue collections

10  for the General Revenue Fund during the last completed fiscal

11  year. The Budget Stabilization Fund's principal balance shall

12  not exceed an amount equal to 10 percent of the last completed

13  fiscal year's net revenue collections for the General Revenue

14  Fund. As used in this paragraph, the term "last completed

15  fiscal year" means the most recently completed fiscal year

16  prior to the regular legislative session at which the

17  Legislature considers the General Appropriations Act for the

18  year in which the transfer to the Budget Stabilization Fund

19  must be made under this paragraph.

20         2.  By September 15 of each year, the Governor shall

21  authorize the Chief Financial Officer Comptroller to transfer,

22  and the Chief Financial Officer Comptroller shall transfer

23  pursuant to appropriations made by law, to the Budget

24  Stabilization Fund the amount of money needed for the balance

25  of that fund to equal the amount specified in subparagraph 1.,

26  less any amounts expended and not restored. The moneys needed

27  for this transfer may be appropriated by the Legislature from

28  any funds.

29         3.  Unless otherwise provided in this subparagraph, an

30  expenditure from the Budget Stabilization Fund must be

31  restored pursuant to a restoration schedule that provides for

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  1  making five equal annual transfers from the General Revenue

  2  Fund, beginning in the fiscal year following that in which the

  3  expenditure was made. For any Budget Stabilization Fund

  4  expenditure, the Legislature may establish by law a different

  5  restoration schedule and such change may be made at any time

  6  during the restoration period. Moneys are hereby appropriated

  7  for transfers pursuant to this subparagraph.

  8         4.  The Budget Stabilization Fund and the Working

  9  Capital Fund may be used as revolving funds for transfers as

10  provided in s. 18.125; however, any interest earned must be

11  deposited in the General Revenue Fund.

12         5.  The Chief Financial Officer Comptroller and the

13  Department of Management Services shall transfer funds to

14  water management districts to pay eligible water management

15  district employees for all benefits due under s. 373.6065, as

16  long as funds remain available for the program described under

17  s. 100.152.

18         (d)  The Working Capital Fund shall consist of moneys

19  in the General Revenue Fund which are in excess of the amount

20  needed to meet General Revenue Fund appropriations for the

21  current fiscal year. Each year, no later than the publishing

22  date of the annual financial statements for the state by the

23  Chief Financial Officer Comptroller under s. 216.102, funds

24  shall be transferred between the Working Capital Fund and the

25  General Revenue Fund to establish the balance of the Working

26  Capital Fund for that fiscal year at the amount determined

27  pursuant to this paragraph.

28         Section 211.  Subsections (2) and (3) of section

29  215.3206, Florida Statutes, are amended to read:

30         215.3206  Trust funds; termination or re-creation.--

31

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  1         (2)  If the trust fund is terminated and not

  2  immediately re-created, all cash balances and income of the

  3  trust fund shall be deposited into the General Revenue Fund.

  4  The agency or Chief Justice shall pay any outstanding debts of

  5  the trust fund as soon as practicable, and the Chief Financial

  6  Officer Comptroller shall close out and remove the trust fund

  7  from the various state accounting systems, using generally

  8  accepted accounting practices concerning warrants outstanding,

  9  assets, and liabilities.  No appropriation or budget amendment

10  shall be construed to authorize any encumbrance of funds from

11  a trust fund after the date on which the trust fund is

12  terminated or is judicially determined to be invalid.

13         (3)  On or before September 1 of each year, the Chief

14  Financial Officer Comptroller shall submit to the Executive

15  Office of the Governor, the President of the Senate, and the

16  Speaker of the House of Representatives a list of trust funds

17  that are scheduled to terminate within 12 months after that

18  date and also, beginning September 1, 1996, a list of all

19  trust funds that are exempt from automatic termination

20  pursuant to the provisions of s. 19(f)(3), Art. III of the

21  State Constitution, listing revenues of the trust funds by

22  major revenue category for each of the last 4 fiscal years.

23         Section 212.  Paragraph (a) of subsection (2) of

24  section 215.3208, Florida Statutes, is amended to read:

25         215.3208  Trust funds; legislative review.--

26         (2)(a)  When the Legislature terminates a trust fund,

27  the agency or branch of state government that administers the

28  trust fund shall pay any outstanding debts or obligations of

29  the trust fund as soon as practicable, and the Chief Financial

30  Officer Comptroller shall close out and remove the trust fund

31  from the various state accounting systems, using generally

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  1  accepted accounting principles concerning assets, liabilities,

  2  and warrants outstanding.

  3         Section 213.  Section 215.321, Florida Statutes, is

  4  amended to read:

  5         215.321  Regulatory trust fund.--All funds received

  6  pursuant to ss. 494.001-494.0077, chapter 497, chapter 516,

  7  chapter 520, or part I of chapter 559 shall be deposited into

  8  the Banking and Finance Regulatory Trust Fund.

  9         Section 214.  Subsections (2), (3), and (4) of section

10  215.322, Florida Statutes, are amended to read:

11         215.322  Acceptance of credit cards, charge cards, or

12  debit cards by state agencies, units of local government, and

13  the judicial branch.--

14         (2)  A state agency as defined in s. 216.011, or the

15  judicial branch, may accept credit cards, charge cards, or

16  debit cards in payment for goods and services with the prior

17  approval of the Chief Financial Officer Treasurer. When the

18  Internet or other related electronic methods are to be used as

19  the collection medium, the State Technology Office shall

20  review and recommend to the Chief Financial Officer Treasurer

21  whether to approve the request with regard to the process or

22  procedure to be used.

23         (3)  The Chief Financial Officer Treasurer shall adopt

24  rules governing the establishment and acceptance of credit

25  cards, charge cards, or debit cards by state agencies or the

26  judicial branch, including, but not limited to, the following:

27         (a)  Utilization of a standardized contract between the

28  financial institution or other appropriate intermediaries and

29  the agency or judicial branch which shall be developed by the

30  Chief Financial Officer Treasurer or approval by the Chief

31  Financial Officer Treasurer of a substitute agreement.

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  1         (b)  Procedures which permit an agency or officer

  2  accepting payment by credit card, charge card, or debit card

  3  to impose a convenience fee upon the person making the

  4  payment. However, the total amount of such convenience fees

  5  shall not exceed the total cost to the state agency. A

  6  convenience fee is not refundable to the payor.

  7  Notwithstanding the foregoing, this section shall not be

  8  construed to permit surcharges on any other credit card

  9  purchase in violation of s. 501.0117.

10         (c)  All service fees payable pursuant to this section

11  when practicable shall be invoiced and paid by state warrant

12  or such other manner that is satisfactory to the Chief

13  Financial Officer Comptroller in accordance with the time

14  periods specified in s. 215.422.

15         (d)  Submission of information to the Chief Financial

16  Officer Treasurer concerning the acceptance of credit cards,

17  charge cards, or debit cards by all state agencies or the

18  judicial branch.

19         (e)  A methodology for agencies to use when completing

20  the cost-benefit analysis referred to in subsection (1). The

21  methodology must consider all quantifiable cost reductions,

22  other benefits to the agency, and potential impact on general

23  revenue. The methodology must also consider nonquantifiable

24  benefits such as the convenience to individuals and businesses

25  that would benefit from the ability to pay for state goods and

26  services through the use of credit cards, charge cards, and

27  debit cards.

28         (4)  The Chief Financial Officer may Treasurer is

29  authorized to establish contracts with one or more financial

30  institutions, credit card companies, or other entities which

31  may lawfully provide such services, in a manner consistent

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  1  with chapter 287, for processing credit card, charge card, or

  2  debit card collections for deposit into the State Treasury or

  3  another qualified public depository.  Any state agency, or the

  4  judicial branch, which accepts payment by credit card, charge

  5  card, or debit card shall use at least one of the contractors

  6  established by the Chief Financial Officer Treasurer unless

  7  the state agency or judicial branch obtains authorization from

  8  the Chief Financial Officer Treasurer to use another

  9  contractor which is more advantageous to such state agency or

10  the judicial branch.  Such contracts may authorize a unit of

11  local government to use the services upon the same terms and

12  conditions for deposit of credit card, charge card, or debit

13  card transactions into its qualified public depositories.

14         Section 215.  Subsections (1) and (2) of section

15  215.34, Florida Statutes, are amended to read:

16         215.34  State funds; noncollectible items; procedure.--

17         (1)  Any check, draft, or other order for the payment

18  of money in payment of any licenses, fees, taxes, commissions,

19  or charges of any sort authorized to be made under the laws of

20  the state and deposited in the State Treasury as provided

21  herein, which may be returned for any reason by the bank or

22  other payor upon which same shall have been drawn shall be

23  forthwith returned by the Chief Financial Officer State

24  Treasurer for collection to the state officer, the state

25  agency, or the entity of the judicial branch making the

26  deposit. In such case, the Chief Financial Officer may

27  Treasurer is hereby authorized to issue a debit memorandum

28  charging an account of the agency, officer, or entity of the

29  judicial branch which originally received the payment.  The

30  original of the debit memorandum shall state the reason for

31  the return of the check, draft, or other order and shall

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  1  accompany the item being returned to the officer, agency, or

  2  entity of the judicial branch being charged, and a copy of the

  3  debit memorandum shall be sent to the Comptroller. The

  4  officer, agency, or entity of the judicial branch receiving

  5  the charged-back item shall prepare a journal transfer which

  6  shall debit the charge against the fund or account to which

  7  the same shall have been originally credited.  Such procedure

  8  for handling noncollectible items shall not be construed as

  9  paying funds out of the State Treasury without an

10  appropriation, but shall be considered as an administrative

11  procedure for the efficient handling of state records and

12  accounts.

13         (2)  Whenever a check, draft, or other order for the

14  payment of money is returned by the Chief Financial Officer

15  State Treasurer, or by a qualified public depository as

16  defined in s. 280.02, to a state officer, a state agency, or

17  the judicial branch for collection, the officer, agency, or

18  judicial branch shall add to the amount due a service fee of

19  $15 or 5 percent of the face amount of the check, draft, or

20  order, whichever is greater.  An agency or the judicial branch

21  may adopt a rule which prescribes a lesser maximum service

22  fee, which shall be added to the amount due for the dishonored

23  check, draft, or other order tendered for a particular

24  service, license, tax, fee, or other charge, but in no event

25  shall the fee be less than $15. The service fee shall be in

26  addition to all other penalties imposed by law, except that

27  when other charges or penalties are imposed by an agency

28  related to a noncollectible item, the amount of the service

29  fee shall not exceed $150. Proceeds from this fee shall be

30  deposited in the same fund as the collected item. Nothing in

31  this section shall be construed as authorization to deposit

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  1  moneys outside the State Treasury unless specifically

  2  authorized by law.

  3         Section 216.  Section 215.35, Florida Statutes, is

  4  amended to read:

  5         215.35  State funds; warrants and their issuance.--All

  6  warrants issued by the Chief Financial Officer Comptroller

  7  shall be numbered in chronological order commencing with

  8  number one in each fiscal year and each warrant shall refer to

  9  the Chief Financial Officer's Comptroller's voucher by the

10  number thereof, which voucher shall also be numbered as above

11  set forth.  Each warrant shall state the name of the payee

12  thereof and the amount allowed, and said warrant shall be

13  stated in words at length.  No warrant shall issue until same

14  has been authorized by an appropriation made by law but such

15  warrant need not state or set forth such authorization.  The

16  Chief Financial Officer Comptroller shall register and

17  maintain a record of each warrant in his or her office.  The

18  record shall show the funds, accounts, purposes, and

19  departments involved in the issuance of each warrant.  In

20  those instances where the expenditure of funds of regulatory

21  boards or commissions has been provided for by laws other than

22  the annual appropriations bill, warrants shall be issued upon

23  requisition to the Chief Financial Officer State Comptroller

24  by the governing body of such board or commission.

25         Section 217.  Section 215.405, Florida Statutes, is

26  amended to read:

27         215.405  State agencies and the judicial branch

28  authorized to collect costs of fingerprinting.--Any state

29  agency, or the judicial branch, exercising regulatory

30  authority and authorized to take fingerprints of persons

31  within or seeking to come within such agency's or the judicial

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  1  branch's regulatory power may collect from the person or

  2  entity on whose behalf the fingerprints were submitted the

  3  actual costs of processing such fingerprints including, but

  4  not limited to, any charges imposed by the Department of Law

  5  Enforcement or any agency or branch of the United States

  6  Government.  This provision shall constitute express authority

  7  for state agencies and the judicial branch to collect the

  8  actual costs of processing the fingerprints either prior to or

  9  subsequent to the actual processing and shall supersede any

10  other law to the contrary.  To administer the provisions of

11  this section, a state agency, or the judicial branch, electing

12  to collect the cost of fingerprinting is empowered to

13  promulgate and adopt rules to establish the amounts and the

14  methods of payment needed to collect such costs.  Collections

15  made under these provisions shall be deposited with the Chief

16  Financial Officer Treasurer to an appropriate trust fund

17  account to be designated by the Executive Office of the

18  Governor.

19         Section 218.  Section 215.42, Florida Statutes, is

20  amended to read:

21         215.42  Purchases from appropriations, proof of

22  delivery.--The Chief Financial Officer State Comptroller may

23  require proof, as he or she deems necessary, of delivery and

24  receipt of purchases before honoring any voucher for payment

25  from appropriations made in the General Appropriations Act or

26  otherwise provided by law.

27         Section 219.  Section 215.422, Florida Statutes, is

28  amended to read:

29         215.422  Warrants, vouchers, and invoices; processing

30  time limits; dispute resolution; agency or judicial branch

31  compliance.--

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  1         (1)  The voucher authorizing payment of an invoice

  2  submitted to an agency of the state or the judicial branch,

  3  required by law to be filed with the Chief Financial Officer

  4  Comptroller, shall be filed with the Chief Financial Officer

  5  Comptroller not later than 20 days after receipt of the

  6  invoice and receipt, inspection, and approval of the goods or

  7  services, except that in the case of a bona fide dispute the

  8  voucher shall contain a statement of the dispute and authorize

  9  payment only in the amount not disputed.  The Chief Financial

10  Officer Comptroller may establish dollar thresholds and other

11  criteria for all invoices and may delegate to a state agency

12  or the judicial branch responsibility for maintaining the

13  official vouchers and documents for invoices which do not

14  exceed the thresholds or which meet the established criteria.

15  Such records shall be maintained in accordance with the

16  requirements established by the Secretary of State.  The

17  electronic payment request transmission to the Chief Financial

18  Officer Comptroller shall constitute filing of a voucher for

19  payment of invoices for which the Chief Financial Officer

20  Comptroller has delegated to an agency custody of official

21  records. Approval and inspection of goods or services shall

22  take no longer than 5 working days unless the bid

23  specifications, purchase order, or contract specifies

24  otherwise.  If a voucher filed within the 20-day period is

25  returned by the Department of Financial Services Banking and

26  Finance because of an error, it shall nevertheless be deemed

27  timely filed.  The 20-day filing requirement may be waived in

28  whole or in part by the Department of Financial Services

29  Banking and Finance on a showing of exceptional circumstances

30  in accordance with rules and regulations of the department.

31  For the purposes of determining the receipt of invoice date,

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  1  the agency or the judicial branch is deemed to receive an

  2  invoice on the date on which a proper invoice is first

  3  received at the place designated by the agency or the judicial

  4  branch.  The agency or the judicial branch is deemed to

  5  receive an invoice on the date of the invoice if the agency or

  6  the judicial branch has failed to annotate the invoice with

  7  the date of receipt at the time the agency or the judicial

  8  branch actually received the invoice or failed at the time the

  9  order is placed or contract made to designate a specific

10  location to which the invoice must be delivered.

11         (2)  The warrant in payment of an invoice submitted to

12  an agency of the state or the judicial branch shall be issued

13  not later than 10 days after filing of the voucher authorizing

14  payment. However, this requirement may be waived in whole or

15  in part by the Department of Financial Services Banking and

16  Finance on a showing of exceptional circumstances in

17  accordance with rules and regulations of the department.  If

18  the 10-day period contains fewer than 6 working days, the

19  Department of Financial Services Banking and Finance shall be

20  deemed in compliance with this subsection if the warrant is

21  issued within 6 working days without regard to the actual

22  number of calendar days. For purposes of this section, a

23  payment is deemed to be issued on the first working day that

24  payment is available for delivery or mailing to the vendor.

25         (3)(a)  Each agency of the state or the judicial branch

26  which is required by law to file vouchers with the Chief

27  Financial Officer Comptroller shall keep a record of the date

28  of receipt of the invoice; dates of receipt, inspection, and

29  approval of the goods or services; date of filing of the

30  voucher; and date of issuance of the warrant in payment

31  thereof. If the voucher is not filed or the warrant is not

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  1  issued within the time required, an explanation in writing by

  2  the agency head or the Chief Justice shall be submitted to the

  3  Department of Financial Services Banking and Finance in a

  4  manner prescribed by it. Agencies and the judicial branch

  5  shall continue to deliver or mail state payments promptly.

  6         (b)  If a warrant in payment of an invoice is not

  7  issued within 40 days after receipt of the invoice and

  8  receipt, inspection, and approval of the goods and services,

  9  the agency or judicial branch shall pay to the vendor, in

10  addition to the amount of the invoice, interest at a rate as

11  established pursuant to s. 55.03(1) on the unpaid balance from

12  the expiration of such 40-day period until such time as the

13  warrant is issued to the vendor. Such interest shall be added

14  to the invoice at the time of submission to the Chief

15  Financial Officer Comptroller for payment whenever possible.

16  If addition of the interest penalty is not possible, the

17  agency or judicial branch shall pay the interest penalty

18  payment within 15 days after issuing the warrant. The

19  provisions of this paragraph apply only to undisputed amounts

20  for which payment has been authorized. Disputes shall be

21  resolved in accordance with rules developed and adopted by the

22  Chief Justice for the judicial branch, and rules adopted by

23  the Department of Financial Services Banking and Finance or in

24  a formal administrative proceeding before an administrative

25  law judge of the Division of Administrative Hearings for state

26  agencies, provided that, for the purposes of ss. 120.569 and

27  120.57(1), no party to a dispute involving less than $1,000 in

28  interest penalties shall be deemed to be substantially

29  affected by the dispute or to have a substantial interest in

30  the decision resolving the dispute. In the case of an error on

31  the part of the vendor, the 40-day period shall begin to run

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  1  upon receipt by the agency or the judicial branch of a

  2  corrected invoice or other remedy of the error. The provisions

  3  of this paragraph do not apply when the filing requirement

  4  under subsection (1) or subsection (2) has been waived in

  5  whole by the Department of Financial Services Banking and

  6  Finance. The various state agencies and the judicial branch

  7  shall be responsible for initiating the penalty payments

  8  required by this subsection and shall use this subsection as

  9  authority to make such payments. The budget request submitted

10  to the Legislature shall specifically disclose the amount of

11  any interest paid by any agency or the judicial branch

12  pursuant to this subsection. The temporary unavailability of

13  funds to make a timely payment due for goods or services does

14  not relieve an agency or the judicial branch from the

15  obligation to pay interest penalties under this section.

16         (c)  An agency or the judicial branch may make partial

17  payments to a contractor upon partial delivery of goods or

18  services or upon partial completion of construction when a

19  request for such partial payment is made by the contractor and

20  approved by the agency. Provisions of this section and rules

21  of the Department of Financial Services Banking and Finance

22  shall apply to partial payments in the same manner as they

23  apply to full payments.

24         (4)  If the terms of the invoice provide a discount for

25  payment in less than 30 days, agencies of the state and the

26  judicial branch shall preferentially process it and use all

27  diligence to obtain the saving by compliance with the invoice

28  terms.

29         (5)  All purchasing agreements between a state agency

30  or the judicial branch and a vendor, applicable to this

31  section, shall include a statement of the vendor's rights and

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  1  the state's responsibilities under this section.  The vendor's

  2  rights shall include being provided with the telephone number

  3  of the vendor ombudsman within the Department of Financial

  4  Services Banking and Finance, which information shall also be

  5  placed on all agency or judicial branch purchase orders.

  6         (6)  The Department of Financial Services Banking and

  7  Finance shall monitor each agency's and the judicial branch's

  8  compliance with the time limits and interest penalty

  9  provisions of this section.  The department shall provide a

10  report to an agency or to the judicial branch if the

11  department determines that the agency or the judicial branch

12  has failed to maintain an acceptable rate of compliance with

13  the time limits and interest penalty provisions of this

14  section.  The department shall establish criteria for

15  determining acceptable rates of compliance. The report shall

16  also include a list of late vouchers or payments, the amount

17  of interest owed or paid, and any corrective actions

18  recommended.  The department shall perform monitoring

19  responsibilities, pursuant to this section, using the

20  Management Services and Purchasing Subsystem or the Florida

21  Accounting Information Resource Subsystem provided in s.

22  215.94.  Each agency and the judicial branch shall be

23  responsible for the accuracy of information entered into the

24  Management Services and Purchasing Subsystem and the Florida

25  Accounting Information Resource Subsystem for use in this

26  monitoring.

27         (7)  There is created a vendor ombudsman within the

28  Department of Financial Services Banking and Finance who shall

29  be responsible for the following functions:

30         (a)  Performing the duties of the department pursuant

31  to subsection (6).

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  1         (b)  Reviewing requests for waivers due to exceptional

  2  circumstances.

  3         (c)  Disseminating information relative to the prompt

  4  payment policies of this state and assisting vendors in

  5  receiving their payments in a timely manner.

  6         (d)  Performing such other duties as determined by the

  7  department.

  8         (8)  The Department of Financial Services Banking and

  9  Finance is authorized and directed to adopt and promulgate

10  rules and regulations to implement this section and for

11  resolution of disputes involving amounts of less than $1,000

12  in interest penalties for state agencies.  No agency or the

13  judicial branch shall adopt any rule or policy that is

14  inconsistent with this section or the Department of Financial

15  Services' Banking and Finance's rules or policies.

16         (9)  Each agency and the judicial branch shall include

17  in the official position description of every officer or

18  employee who is responsible for the approval or processing of

19  vendors' invoices or distribution of warrants to vendors that

20  the requirements of this section are mandatory.

21         (10)  Persistent failure to comply with this section by

22  any agency of the state or the judicial branch shall

23  constitute good cause for discharge of employees duly found

24  responsible, or predominantly responsible, for failure to

25  comply.

26         (11)  Travel and other reimbursements to state officers

27  and employees must be the same as payments to vendors under

28  this section, except payment of Class C travel subsistence.

29  Class C travel subsistence shall be paid in accordance with

30  the schedule established by the Chief Financial Officer

31  Comptroller pursuant to s. 112.061(5)(b). This section does

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  1  not apply to payments made to state agencies, the judicial

  2  branch, or the legislative branch.

  3         (12)  In the event that a state agency or the judicial

  4  branch contracts with a third party, uses a revolving fund, or

  5  pays from a local bank account to process and pay invoices for

  6  goods or services, all requirements for financial obligations

  7  and time processing set forth in this section shall be

  8  applicable and the state agency or the judicial branch shall

  9  be responsible for paying vendors the interest assessed for

10  untimely payment. The state agency or the judicial branch may,

11  through its contract with a third party, require the third

12  party to pay interest from the third party's funds.

13         (13)  Notwithstanding the provisions of subsections (3)

14  and (12), in order to alleviate any hardship that may be

15  caused to a health care provider as a result of delay in

16  receiving reimbursement for services, any payment or payments

17  for hospital, medical, or other health care services which are

18  to be reimbursed by a state agency or the judicial branch,

19  either directly or indirectly, shall be made to the health

20  care provider not more than 35 days from the date eligibility

21  for payment of such claim is determined.  If payment is not

22  issued to a health care provider within 35 days after the date

23  eligibility for payment of the claim is determined, the state

24  agency or the judicial branch shall pay the health care

25  provider interest at a rate of 1 percent per month calculated

26  on a calendar day basis on the unpaid balance from the

27  expiration of such 35-day period until such time as payment is

28  made to the health care provider, unless a waiver in whole has

29  been granted by the Department of Financial Services Banking

30  and Finance pursuant to subsection (1) or subsection (2).

31

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  1         (14)  The Chief Financial Officer Comptroller may adopt

  2  rules to authorize advance payments for goods and services,

  3  including, but not limited to, maintenance agreements and

  4  subscriptions.  Such rules shall provide objective criteria

  5  for determining when it is in the best interest of the state

  6  to make payments in advance and shall also provide for

  7  adequate protection to ensure that such goods or services will

  8  be provided.

  9         (15)  Nothing contained in this section shall be

10  construed to be an appropriation.  Any interest which becomes

11  due and owing pursuant to this section shall only be payable

12  from the appropriation charged for such goods or services.

13         (16)  Notwithstanding the provisions of s. 24.120(3),

14  applicable to warrants issued for payment of invoices

15  submitted by the Department of the Lottery, the Chief

16  Financial Officer Comptroller may, by written agreement with

17  the Department of the Lottery, establish a shorter time

18  requirement than the 10 days provided in subsection (2) for

19  warrants issued for payment.  Pursuant to such written

20  agreement, the Department of the Lottery shall reimburse the

21  Chief Financial Officer Comptroller for costs associated with

22  processing invoices under the agreement.

23         Section 220.  Subsection (1) of section 215.44, Florida

24  Statutes, is amended to read:

25         215.44  Board of Administration; powers and duties in

26  relation to investment of trust funds.--

27         (1)  Except when otherwise specifically provided by the

28  State Constitution and subject to any limitations of the trust

29  agreement relating to a trust fund, the Board of

30  Administration, hereinafter sometimes referred to as "board,"

31  composed of the Governor as chair, the Chief Financial Officer

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  1  Treasurer, and the Attorney General Comptroller, shall invest

  2  all the funds in the System Trust Fund, as defined in s.

  3  121.021(36), and all other funds specifically required by law

  4  to be invested by the board pursuant to ss. 215.44-215.53 to

  5  the fullest extent that is consistent with the cash

  6  requirements, trust agreement, and investment objectives of

  7  the fund. Notwithstanding any other law to the contrary, the

  8  State Board of Administration may invest any funds of any

  9  state agency or any unit of local government pursuant to the

10  terms of a trust agreement with the head of the state agency

11  or the governing body of the unit of local government, which

12  trust agreement shall govern the investment of such funds,

13  provided that the board shall approve the undertaking of such

14  investment before execution of the trust agreement by the

15  State Board of Administration. The funds and the earnings

16  therefrom are exempt from the service charge imposed by s.

17  215.20. As used in this subsection, the term "state agency"

18  has the same meaning as that provided in s. 216.001, and the

19  terms "governing body" and "unit of local government" have the

20  same meaning as that provided in s. 218.403.

21         Section 221.  Section 215.50, Florida Statutes, is

22  amended to read:

23         215.50  Custody of securities purchased; income.--

24         (1)  All securities purchased or held may, with the

25  approval of the board, be in the custody of the Chief

26  Financial Officer Treasurer or the Chief Financial Officer

27  Treasurer as treasurer ex officio of the board, or be

28  deposited with a bank or trust company to be held in

29  safekeeping by such bank or trust company for the collection

30  of principal and interest or of the proceeds of the sale

31  thereof.

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  1         (2)  It shall be the duty of the board or of the Chief

  2  Financial Officer Treasurer, as custodian of the securities of

  3  the board, to collect the interest or other income on, and the

  4  principal of, such securities in their custody as the sums

  5  become due and payable and to pay the same, when so collected,

  6  into the investment account of the fund to which the

  7  investments belong.

  8         (3)  The Chief Financial Officer Treasurer, as

  9  custodian of securities owned by the Florida Retirement System

10  Trust Fund and the Florida Survivor Benefit Trust Fund, shall

11  collect the interest, dividends, prepayments, maturities,

12  proceeds from sales, and other income accruing from such

13  assets.  As such income is collected by the Chief Financial

14  Officer Treasurer, it shall be deposited directly into a

15  commercial bank to the credit of the State Board of

16  Administration.  Such bank accounts as may be required for

17  this purpose shall offer satisfactory collateral security as

18  provided by chapter 280.  In the event funds so deposited

19  according to the provisions of this section are required for

20  the purpose of paying benefits or other operational needs, the

21  State Board of Administration shall remit to the Florida

22  Retirement System Trust Fund in the State Treasury such

23  amounts as may be requested by the Department of Management

24  Services.

25         (4)  Securities that the board selects to use for

26  options operations under s. 215.45 or for lending under s.

27  215.47(16) shall be registered by the Chief Financial Officer

28  Treasurer in the name of a third-party nominee in order to

29  facilitate such operations.

30         Section 222.  Section 215.551, Florida Statutes, is

31  amended to read:

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  1         215.551  Federal Use of State Lands Trust Fund; county

  2  distribution.--

  3         (1)  The Chief Financial Officer Comptroller may make

  4  distribution of the Federal Use of State Lands Trust Fund,

  5  when so requested by the counties in interest, of such amounts

  6  as may be accumulated in that fund.

  7         (2)  The Chief Financial Officer Comptroller shall

  8  ascertain, from the records of the General Land Office or

  9  other departments in Washington, D.C., the number of acres of

10  land situated in the several counties in which the

11  Apalachicola, Choctawhatchee, Ocala, and Osceola Forest

12  Reserves are located, the number of acres of land of such

13  forest reserve embraced in each of the counties in each of the

14  reserves, and, also, the amount of money received by the

15  United States Government from each of the reserves,

16  respectively.  The Chief Financial Officer Comptroller shall

17  apportion the money on hand to each county in each reserve,

18  respectively and separately; such distribution shall be based

19  upon the number of acres of land embraced in the Apalachicola

20  Forest, Choctawhatchee Forest, Ocala Forest, and Osceola

21  Forest, respectively, in each county and shall be further

22  based upon the amount collected by the United States from each

23  of such forests, so that such distribution, when made, will

24  include for each county the amount due each county, based upon

25  the receipts for the particular forest and the acreage in the

26  particular county in which such forest is located.  The Chief

27  Financial Officer Comptroller shall issue two warrants on the

28  Treasurer in each case, the sum of which shall be the amount

29  due each of such counties from the fund.  One warrant shall be

30  payable to the county for the county general road fund, and

31

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  1  one warrant, of equal amount, shall be payable to such

  2  county's district school board for the district school fund.

  3         (3)  In the event that actual figures of receipts from

  4  different reserves cannot be obtained by counties, so as to

  5  fully comply with subsections (1) and (2), the Chief Financial

  6  Officer Comptroller may adjust the matter according to the

  7  United States statutes, or as may appear to him or her to be

  8  just and fair, and with the approval of all counties in

  9  interest.

10         (4)  The moneys that may be received and credited to

11  the Federal Use of State Lands Trust Fund are appropriated for

12  the payment of the warrants of the Chief Financial Officer

13  Comptroller drawn on the Treasurer in pursuance of this

14  section.

15         Section 223.  Section 215.552, Florida Statutes, is

16  amended to read:

17         215.552  Federal Use of State Lands Trust Fund; land

18  within military installations; county distribution.--The Chief

19  Financial Officer Comptroller shall distribute moneys from the

20  Federal Use of State Lands Trust Fund when so requested by the

21  counties so affected.  The Chief Financial Officer Comptroller

22  shall apportion the money on hand equal to the percentage of

23  land in each county within each military installation, and the

24  amount so apportioned to each county shall be applied by such

25  counties equally divided between the district school fund and

26  the general road fund of such counties.

27         Section 224.  Paragraph (c) of subsection (2),

28  paragraph (d) of subsection (4), and paragraphs (a), (b), and

29  (c) of subsection (6) of section 215.555, Florida Statutes,

30  are amended to read:

31         215.555  Florida Hurricane Catastrophe Fund.--

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  1         (2)  DEFINITIONS.--As used in this section:

  2         (c)  "Covered policy" means any insurance policy

  3  covering residential property in this state, including, but

  4  not limited to, any homeowner's, mobile home owner's, farm

  5  owner's, condominium association, condominium unit owner's,

  6  tenant's, or apartment building policy, or any other policy

  7  covering a residential structure or its contents issued by any

  8  authorized insurer, including any joint underwriting

  9  association or similar entity created pursuant to law.

10  Additionally, covered policies include policies covering the

11  peril of wind removed from the Florida Residential Property

12  and Casualty Joint Underwriting Association, created pursuant

13  to s. 627.351(6), or from the Florida Windstorm Underwriting

14  Association, created pursuant to s. 627.351(2), by an

15  authorized insurer under the terms and conditions of an

16  executed assumption agreement between the authorized insurer

17  and either such association. Each assumption agreement between

18  either association and such authorized insurer must be

19  approved by the Florida Department of Financial Services

20  Insurance prior to the effective date of the assumption, and

21  the Department of Financial Services Insurance must provide

22  written notification to the board within 15 working days after

23  such approval. "Covered policy" does not include any policy

24  that excludes wind coverage or hurricane coverage or any

25  reinsurance agreement and does not include any policy

26  otherwise meeting this definition which is issued by a surplus

27  lines insurer or a reinsurer.

28         (4)  REIMBURSEMENT CONTRACTS.--

29         (d)1.  For purposes of determining potential liability

30  and to aid in the sound administration of the fund, the

31  contract shall require each insurer to report such insurer's

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  1  losses from each covered event on an interim basis, as

  2  directed by the board.  The contract shall require the insurer

  3  to report to the board no later than December 31 of each year,

  4  and quarterly thereafter, its reimbursable losses from covered

  5  events for the year. The contract shall require the board to

  6  determine and pay, as soon as practicable after receiving

  7  these reports of reimbursable losses, the initial amount of

  8  reimbursement due and adjustments to this amount based on

  9  later loss information. The adjustments to reimbursement

10  amounts shall require the board to pay, or the insurer to

11  return, amounts reflecting the most recent calculation of

12  losses.

13         2.  In determining reimbursements pursuant to this

14  subsection, the contract shall provide that the board shall:

15         a.  First reimburse insurers writing covered policies,

16  which insurers are in full compliance with this section and

17  have petitioned the Department of Financial Services Insurance

18  and qualified as limited apportionment companies under s.

19  627.351(2)(b)3.  The amount of such reimbursement shall be the

20  lesser of $10 million or an amount equal to 10 times the

21  insurer's reimbursement premium for the current year.  The

22  amount of reimbursement paid under this sub-subparagraph may

23  not exceed the full amount of reimbursement promised in the

24  reimbursement contract. This sub-subparagraph does not apply

25  with respect to any contract year in which the year-end

26  projected cash balance of the fund, exclusive of any bonding

27  capacity of the fund, exceeds $2 billion. Only one member of

28  any insurer group may receive reimbursement under this

29  sub-subparagraph.

30         b.  Next pay to each insurer such insurer's projected

31  payout, which is the amount of reimbursement it is owed, up to

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  1  an amount equal to the insurer's share of the actual premium

  2  paid for that contract year, multiplied by the actual

  3  claims-paying capacity available for that contract year;

  4  provided, entities created pursuant to s. 627.351 shall be

  5  further reimbursed in accordance with sub-subparagraph c.

  6         c.  Thereafter, establish, based on reimbursable

  7  losses, the prorated reimbursement level at the highest level

  8  for which any remaining fund balance or bond proceeds are

  9  sufficient to reimburse entities created pursuant to s.

10  627.351 for losses exceeding the amounts payable pursuant to

11  sub-subparagraph b. for the current contract year.

12         (6)  REVENUE BONDS.--

13         (a)  General provisions.--

14         1.  Upon the occurrence of a hurricane and a

15  determination that the moneys in the fund are or will be

16  insufficient to pay reimbursement at the levels promised in

17  the reimbursement contracts, the board may take the necessary

18  steps under paragraph (b) or paragraph (c) for the issuance of

19  revenue bonds for the benefit of the fund.  The proceeds of

20  such revenue bonds may be used to make reimbursement payments

21  under reimbursement contracts; to refinance or replace

22  previously existing borrowings or financial arrangements; to

23  pay interest on bonds; to fund reserves for the bonds; to pay

24  expenses incident to the issuance or sale of any bond issued

25  under this section, including costs of validating, printing,

26  and delivering the bonds, costs of printing the official

27  statement, costs of publishing notices of sale of the bonds,

28  and related administrative expenses; or for such other

29  purposes related to the financial obligations of the fund as

30  the board may determine. The term of the bonds may not exceed

31  30 years. The board may pledge or authorize the corporation to

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  1  pledge all or a portion of all revenues under subsection (5)

  2  and under subparagraph 3. to secure such revenue bonds and the

  3  board may execute such agreements between the board and the

  4  issuer of any revenue bonds and providers of other financing

  5  arrangements under paragraph (7)(b) as the board deems

  6  necessary to evidence, secure, preserve, and protect such

  7  pledge. If reimbursement premiums received under subsection

  8  (5) or earnings on such premiums are used to pay debt service

  9  on revenue bonds, such premiums and earnings shall be used

10  only after the use of the moneys derived from assessments

11  under subparagraph 3.  The funds, credit, property, or taxing

12  power of the state or political subdivisions of the state

13  shall not be pledged for the payment of such bonds. The board

14  may also enter into agreements under paragraph (b) or

15  paragraph (c) for the purpose of issuing revenue bonds in the

16  absence of a hurricane upon a determination that such action

17  would maximize the ability of the fund to meet future

18  obligations.

19         2.  The Legislature finds and declares that the

20  issuance of bonds under this subsection is for the public

21  purpose of paying the proceeds of the bonds to insurers,

22  thereby enabling insurers to pay the claims of policyholders

23  to assure that policyholders are able to pay the cost of

24  construction, reconstruction, repair, restoration, and other

25  costs associated with damage to property of policyholders of

26  covered policies after the occurrence of a hurricane. Revenue

27  bonds may not be issued under this subsection until validated

28  under chapter 75. The validation of at least the first

29  obligations incurred pursuant to this subsection shall be

30  appealed to the Supreme Court, to be handled on an expedited

31  basis.

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  1         3.  If the board determines that the amount of revenue

  2  produced under subsection (5) is insufficient to fund the

  3  obligations, costs, and expenses of the fund and the

  4  corporation, including repayment of revenue bonds, the board

  5  shall direct the Department of Financial Services Insurance to

  6  levy an emergency assessment on each insurer writing property

  7  and casualty business in this state. Pursuant to the emergency

  8  assessment, each such insurer shall pay to the corporation by

  9  July 1 of each year an amount set by the board not exceeding 2

10  percent of its gross direct written premium for the prior year

11  from all property and casualty business in this state except

12  for workers' compensation, except that, if the Governor has

13  declared a state of emergency under s. 252.36 due to the

14  occurrence of a covered event, the amount of the assessment

15  for the contract year may be increased to an amount not

16  exceeding 4 percent of such premium. Any assessment authority

17  not used for the contract year may be used for a subsequent

18  contract year. If, for a subsequent contract year, the board

19  determines that the amount of revenue produced under

20  subsection (5) is insufficient to fund the obligations, costs,

21  and expenses of the fund and the corporation, including

22  repayment of revenue bonds for that contract year, the board

23  shall direct the Department of Financial Services Insurance to

24  levy an emergency assessment up to an amount not exceeding the

25  amount of unused assessment authority from a previous contract

26  year or years, plus an additional 2 percent if the Governor

27  has declared a state of emergency under s. 252.36 due to the

28  occurrence of a covered event. Any assessment authority not

29  used for the contract year may be used for a subsequent

30  contract year. As used in this subsection, the term "property

31  and casualty business" includes all lines of business

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  1  identified on Form 2, Exhibit of Premiums and Losses, in the

  2  annual statement required by s. 624.424 and any rules adopted

  3  under such section, except for those lines identified as

  4  accident and health insurance. The annual assessments under

  5  this subparagraph shall continue as long as the revenue bonds

  6  issued with respect to which the assessment was imposed are

  7  outstanding, unless adequate provision has been made for the

  8  payment of such bonds pursuant to the documents authorizing

  9  issuance of the bonds.  An insurer shall not at any time be

10  subject to aggregate annual assessments under this

11  subparagraph of more than 2 percent of premium, except that in

12  the case of a declared emergency, an insurer shall not at any

13  time be subject to aggregate annual assessments under this

14  subparagraph of more than 6 percent of premium; provided, no

15  more than 4 percent may be assessed for any one contract year.

16  Any rate filing or portion of a rate filing reflecting a rate

17  change attributable entirely to the assessment levied under

18  this subparagraph shall be deemed approved when made, subject

19  to the authority of the Department of Financial Services

20  Insurance to require actuarial justification as to the

21  adequacy of any rate at any time.  If the rate filing reflects

22  only a rate change attributable to the assessment under this

23  paragraph, the filing may consist of a certification so

24  stating. The assessments otherwise payable to the corporation

25  pursuant to this subparagraph shall be paid instead to the

26  fund unless and until the Department of Financial Services

27  Insurance has received from the corporation and the fund a

28  notice, which shall be conclusive and upon which the

29  Department of Financial Services Insurance may rely without

30  further inquiry, that the corporation has issued bonds and the

31  fund has no agreements in effect with local governments

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  1  pursuant to paragraph (b).  On or after the date of such

  2  notice and until such date as the corporation has no bonds

  3  outstanding, the fund shall have no right, title, or interest

  4  in or to the assessments, except as provided in the fund's

  5  agreements with the corporation.

  6         (b)  Revenue bond issuance through counties or

  7  municipalities.--

  8         1.  If the board elects to enter into agreements with

  9  local governments for the issuance of revenue bonds for the

10  benefit of the fund, the board shall enter into such contracts

11  with one or more local governments, including agreements

12  providing for the pledge of revenues, as are necessary to

13  effect such issuance. The governing body of a county or

14  municipality is authorized to issue bonds as defined in s.

15  125.013 or s. 166.101 from time to time to fund an assistance

16  program, in conjunction with the Florida Hurricane Catastrophe

17  Fund, for the purposes set forth in this section or for the

18  purpose of paying the costs of construction, reconstruction,

19  repair, restoration, and other costs associated with damage to

20  properties of policyholders of covered policies due to the

21  occurrence of a hurricane by assuring that policyholders

22  located in this state are able to recover claims under

23  property insurance policies after a covered event.

24         2.  In order to avoid needless and indiscriminate

25  proliferation, duplication, and fragmentation of such

26  assistance programs, any local government may provide for the

27  payment of fund reimbursements, regardless of whether or not

28  the losses for which reimbursement is made occurred within or

29  outside of the territorial jurisdiction of the local

30  government.

31

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  1         3.  The state hereby covenants with holders of bonds

  2  issued under this paragraph that the state will not repeal or

  3  abrogate the power of the board to direct the Department of

  4  Financial Services Insurance to levy the assessments and to

  5  collect the proceeds of the revenues pledged to the payment of

  6  such bonds as long as any such bonds remain outstanding unless

  7  adequate provision has been made for the payment of such bonds

  8  pursuant to the documents authorizing the issuance of such

  9  bonds.

10         4.  There shall be no liability on the part of, and no

11  cause of action shall arise against any members or employees

12  of the governing body of a local government for any actions

13  taken by them in the performance of their duties under this

14  paragraph.

15         (c)  Florida Hurricane Catastrophe Fund Finance

16  Corporation.--

17         1.  In addition to the findings and declarations in

18  subsection (1), the Legislature also finds and declares that:

19         a.  The public benefits corporation created under this

20  paragraph will provide a mechanism necessary for the

21  cost-effective and efficient issuance of bonds. This mechanism

22  will eliminate unnecessary costs in the bond issuance process,

23  thereby increasing the amounts available to pay reimbursement

24  for losses to property sustained as a result of hurricane

25  damage.

26         b.  The purpose of such bonds is to fund reimbursements

27  through the Florida Hurricane Catastrophe Fund to pay for the

28  costs of construction, reconstruction, repair, restoration,

29  and other costs associated with damage to properties of

30  policyholders of covered policies due to the occurrence of a

31  hurricane.

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  1         c.  The efficacy of the financing mechanism will be

  2  enhanced by the corporation's ownership of the assessments, by

  3  the insulation of the assessments from possible bankruptcy

  4  proceedings, and by covenants of the state with the

  5  corporation's bondholders.

  6         2.a.  There is created a public benefits corporation,

  7  which is an instrumentality of the state, to be known as the

  8  Florida Hurricane Catastrophe Fund Finance Corporation.

  9         b.  The corporation shall operate under a five-member

10  board of directors consisting of the Governor or a designee,

11  the Chief Financial Officer Comptroller or a designee, the

12  director of the Division of Insurer Services of the Department

13  of Financial Services Treasurer or a designee, the director of

14  the Division of Bond Finance of the State Board of

15  Administration, and the chief operating officer of the Florida

16  Hurricane Catastrophe Fund.

17         c.  The corporation has all of the powers of

18  corporations under chapter 607 and under chapter 617, subject

19  only to the provisions of this subsection.

20         d.  The corporation may issue bonds and engage in such

21  other financial transactions as are necessary to provide

22  sufficient funds to achieve the purposes of this section.

23         e.  The corporation may invest in any of the

24  investments authorized under s. 215.47.

25         f.  There shall be no liability on the part of, and no

26  cause of action shall arise against, any board members or

27  employees of the corporation for any actions taken by them in

28  the performance of their duties under this paragraph.

29         3.a.  In actions under chapter 75 to validate any bonds

30  issued by the corporation, the notice required by s. 75.06

31  shall be published only in Leon County and in two newspapers

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  1  of general circulation in the state, and the complaint and

  2  order of the court shall be served only on the State Attorney

  3  of the Second Judicial Circuit.

  4         b.  The state hereby covenants with holders of bonds of

  5  the corporation that the state will not repeal or abrogate the

  6  power of the board to direct the Department of Financial

  7  Services Insurance to levy the assessments and to collect the

  8  proceeds of the revenues pledged to the payment of such bonds

  9  as long as any such bonds remain outstanding unless adequate

10  provision has been made for the payment of such bonds pursuant

11  to the documents authorizing the issuance of such bonds.

12         4.  The bonds of the corporation are not a debt of the

13  state or of any political subdivision, and neither the state

14  nor any political subdivision is liable on such bonds. The

15  corporation does not have the power to pledge the credit, the

16  revenues, or the taxing power of the state or of any political

17  subdivision. The credit, revenues, or taxing power of the

18  state or of any political subdivision shall not be deemed to

19  be pledged to the payment of any bonds of the corporation.

20         5.a.  The property, revenues, and other assets of the

21  corporation; the transactions and operations of the

22  corporation and the income from such transactions and

23  operations; and all bonds issued under this paragraph and

24  interest on such bonds are exempt from taxation by the state

25  and any political subdivision, including the intangibles tax

26  under chapter 199 and the income tax under chapter 220. This

27  exemption does not apply to any tax imposed by chapter 220 on

28  interest, income, or profits on debt obligations owned by

29  corporations other than the Florida Hurricane Catastrophe Fund

30  Finance Corporation.

31

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  1         b.  All bonds of the corporation shall be and

  2  constitute legal investments without limitation for all public

  3  bodies of this state; for all banks, trust companies, savings

  4  banks, savings associations, savings and loan associations,

  5  and investment companies; for all administrators, executors,

  6  trustees, and other fiduciaries; for all insurance companies

  7  and associations and other persons carrying on an insurance

  8  business; and for all other persons who are now or may

  9  hereafter be authorized to invest in bonds or other

10  obligations of the state and shall be and constitute eligible

11  securities to be deposited as collateral for the security of

12  any state, county, municipal, or other public funds. This

13  sub-subparagraph shall be considered as additional and

14  supplemental authority and shall not be limited without

15  specific reference to this sub-subparagraph.

16         6.  The corporation and its corporate existence shall

17  continue until terminated by law; however, no such law shall

18  take effect as long as the corporation has bonds outstanding

19  unless adequate provision has been made for the payment of

20  such bonds pursuant to the documents authorizing the issuance

21  of such bonds. Upon termination of the existence of the

22  corporation, all of its rights and properties in excess of its

23  obligations shall pass to and be vested in the state.

24         Section 225.  Subsection (5) of section 215.559,

25  Florida Statutes, is amended to read:

26         215.559  Hurricane Loss Mitigation Program.--

27         (5)  Except for the program set forth in subsection

28  (3), the Department of Community Affairs shall develop the

29  programs set forth in this section in consultation with an

30  advisory council consisting of a representative designated by

31  the Department of Financial Services Insurance, a

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  1  representative designated by the Florida Home Builders

  2  Association, a representative designated by the Florida

  3  Insurance Council, a representative designated by the

  4  Federation of Manufactured Home Owners, a representative

  5  designated by the Florida Association of Counties, and a

  6  representative designated by the Florida Manufactured Housing

  7  Association.

  8         Section 226.  Paragraph (c) of subsection (1) and

  9  paragraph (a) of subsection (3) of section 215.56005, Florida

10  Statutes, are amended to read:

11         215.56005  Tobacco Settlement Financing Corporation.--

12         (1)  DEFINITIONS.--As used in this section:

13         (c)  "Department" means the Department of Financial

14  Services Banking and Finance or its successor.

15         (3)  POWERS OF THE DEPARTMENT.--

16         (a)  The department is authorized, on behalf of the

17  state, to do all things necessary or desirable to assist the

18  corporation in the execution of the corporation's

19  responsibilities, including, but not limited to, processing

20  budget amendments against the Department of Financial Services

21  Banking and Finance Tobacco Settlement Clearing Trust Fund,

22  subject to the requirements of s. 216.177, for the costs and

23  expenses of administration of the corporation in an amount not

24  to exceed $500,000; entering into one or more purchase

25  agreements to sell to the corporation any or all of the

26  state's right, title, and interest in and to the tobacco

27  settlement agreement; executing any administrative agreements

28  with the corporation to fund the administration, operation,

29  and expenses of the corporation from moneys appropriated for

30  such purpose; and executing and delivering any and all other

31  documents and agreements necessary or desirable in connection

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  1  with the sale of any or all of the state's right, title, and

  2  interest in and to the tobacco settlement agreement to the

  3  corporation or the issuance of the bonds by the corporation.

  4  The department's authority to sell any or all of the state's

  5  right, title, and interest in and to the tobacco settlement

  6  agreement is subject to approval by the Legislature in a

  7  regular, extended, or special session.

  8         Section 227.  Subsection (3) and paragraph (a) of

  9  subsection (5) of section 215.5601, Florida Statutes, are

10  amended to read:

11         215.5601  Lawton Chiles Endowment Fund.--

12         (3)  LAWTON CHILES ENDOWMENT FUND; CREATION;

13  PRINCIPAL.--

14         (a)  There is created the Lawton Chiles Endowment Fund,

15  to be administered by the State Board of Administration. The

16  endowment shall serve as a clearing trust fund, not subject to

17  termination under s. 19(f), Art. III of the State

18  Constitution. The endowment fund shall be exempt from the

19  service charges imposed by s. 215.20.

20         (b)  The endowment shall receive moneys from the sale

21  of the state's right, title, and interest in and to the

22  tobacco settlement agreement as defined in s. 215.56005,

23  including the right to receive payments under such agreement,

24  and from accounts transferred from the Department of Financial

25  Services Banking and Finance Tobacco Settlement Clearing Trust

26  Fund established under s. 17.41. Amounts to be transferred

27  from the Department of Financial Services Banking and Finance

28  Tobacco Settlement Clearing Trust Fund to the endowment shall

29  be in the following amounts for the following fiscal years:

30         1.  For fiscal year 1999-2000, $1.1 billion;

31         2.  For fiscal year 2000-2001, $200 million;

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  1         3.  For fiscal year 2001-2002, $200 million;

  2         4.  For fiscal year 2002-2003, $200 million; and

  3         (c)  Amounts to be transferred under subparagraphs

  4  (b)2., 3., and 4. may be reduced by an amount equal to the

  5  lesser of $200 million or the amount the endowment receives in

  6  that fiscal year from the sale of the state's right, title,

  7  and interest in and to the tobacco settlement agreement.

  8         (d)  For fiscal year 2001-2002, $150 million of the

  9  existing principal in the endowment shall be reserved and

10  accounted for within the endowment, the income from which

11  shall be used solely for the funding for biomedical research

12  activities as provided in s. 215.5602. The income from the

13  remaining principal shall be used solely as the source of

14  funding for health and human services programs for children

15  and elders as provided in subsection (5). The separate account

16  for biomedical research shall be dissolved and the entire

17  principal in the endowment shall be used exclusively for

18  health and human services programs when cures have been found

19  for tobacco-related cancer, heart, and lung disease.

20         (5)  AVAILABILITY OF FUNDS; USES.--

21         (a)  Funds from the endowment which are available for

22  legislative appropriation shall be transferred by the board to

23  the Department of Financial Services Banking and Finance

24  Tobacco Settlement Clearing Trust Fund, created in s. 17.41,

25  and disbursed in accordance with the legislative

26  appropriation.

27         1.  Appropriations by the Legislature to the Department

28  of Health from endowment earnings from the principal set aside

29  for biomedical research shall be from a category called the

30  Florida Biomedical Research Program and shall be deposited

31

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  1  into the Biomedical Research Trust Fund in the Department of

  2  Health established in s. 20.435.

  3         2.  Appropriations by the Legislature to the Department

  4  of Children and Family Services, the Department of Health, or

  5  the Department of Elderly Affairs for health and human

  6  services programs shall be from a category called the Lawton

  7  Chiles Endowment Fund Programs and shall be deposited into

  8  each department's respective Tobacco Settlement Trust Fund as

  9  appropriated.

10         Section 228.  Section 215.58, Florida Statutes, is

11  amended to read:

12         215.58  Definitions relating to State Bond Act.--The

13  following words or terms when used in this act shall have the

14  following meanings:

15         (1)  "Governor" means shall mean the Governor of the

16  state or any Acting Governor or other person then exercising

17  the duties of the office of Governor.

18         (2)  "Treasurer" shall mean the Insurance Commissioner

19  and Treasurer.

20         (3)  "Comptroller" shall mean the State Comptroller.

21         (2)(4)  "State" means shall mean the State of Florida.

22         (3)(5)  "Division" means shall mean the Division of

23  Bond Finance.

24         (4)(6)  "Board" means shall mean the governing board of

25  the said division, which shall be composed of the Governor and

26  Cabinet.

27         (5)(7)  "Director" means shall mean the chief

28  administrator of the division, who shall act on behalf of the

29  division when authorized by the board, as provided by this

30  act.

31

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  1         (6)(8)  "State agency" means shall mean any board,

  2  commission, authority, or other state agency heretofore or

  3  hereafter created by the constitution or statutes of the

  4  state.

  5         (7)(9)  "Bonds" means shall mean state bonds, or any

  6  revenue bonds, certificates or other obligations heretofore or

  7  hereafter authorized to be issued by said division or by any

  8  state agency.

  9         (8)(10)  "State bonds" means shall mean bonds pledging

10  the full faith and credit of the State of Florida.

11         (9)(11)  "Legislature" means shall mean the State

12  Legislature.

13         (11)(12)  "Constitution" means shall mean the existing

14  constitution of the state, or any constitution hereafter

15  adopted by the people of the state, together with all

16  amendments thereof.

17         (11)(13)  "Original issue discount" means the amount by

18  which the par value of a bond exceeds its public offering

19  price at the time it is originally offered to an investor.

20         (12)(14)  "Governmental agency" means shall mean:

21         (a)  The state or any department, commission, agency,

22  or other instrumentality thereof.

23         (b)  Any county or municipality or any department,

24  commission, agency, or other instrumentality thereof.

25         (c)  Any school board or special district, authority,

26  or governmental entity.

27         Section 229.  Subsection (1) of section 215.62, Florida

28  Statutes, is amended to read:

29         215.62  Division of Bond Finance.--

30         (1)  There is hereby created a division of the State

31  Board of Administration of the state to be known as the

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  1  Division of Bond Finance.  The Governor shall be the chair of

  2  the governing board of the division, the Attorney General

  3  Comptroller shall be the secretary of the board, and the Chief

  4  Financial Officer Treasurer shall be the treasurer of the

  5  board for the purposes of this act.  The division shall be a

  6  public body corporate for the purposes of this act.

  7         Section 230.  Subsections (2), (3), (4), (5), and (8)

  8  of section 215.684, Florida Statutes, are amended to read:

  9         215.684  Limitation on engaging services of securities

10  broker or bond underwriter convicted of fraud.--

11         (2)  Upon notification under chapter 517 that a person

12  or firm has been convicted or has pleaded as provided in

13  subsection (1), the Chief Financial Officer Comptroller shall

14  issue a notice of intent to take action to disqualify such

15  person or firm, which notice must state that:

16         (a)  Such person or firm is considered a disqualified

17  securities broker or bond underwriter;

18         (b)  A state agency may not enter into a contract with

19  such person or firm as a securities broker or bond underwriter

20  for any new business for a period of 2 years;

21         (c)  The substantial rights of such person or firm as a

22  securities broker or bond underwriter are being affected and

23  the person or firm has the rights accorded pursuant to ss.

24  120.569 and 120.57; and

25         (d)  Such person or firm may petition to mitigate the

26  duration of his or her disqualification, based on the criteria

27  established in subsection (3) and may request that such

28  mitigation be considered as part of any hearing under ss.

29  120.569 and 120.57.

30

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  1         (3)  The Chief Financial Officer Comptroller shall

  2  decide, based on the following criteria, whether or not to

  3  mitigate the duration of the disqualification:

  4         (a)  The nature and details of the crime;

  5         (b)  The degree of culpability of the person or firm

  6  proposed to be requalified;

  7         (c)  Prompt or voluntary payment of any damages or

  8  penalty as a result of the conviction and disassociation from

  9  any other person or firm involved in the crimes of fraud;

10         (d)  Cooperation with state or federal investigation or

11  prosecution of the crime of fraud;

12         (e)  Prior or future self-policing by the person or

13  firm to prevent crimes of fraud; and

14         (f)  Reinstatement or clemency in any jurisdiction in

15  relation to the crime at issue in the proceeding.

16         (4)  If the Chief Financial Officer Comptroller in his

17  or her sole discretion decides to mitigate the duration of the

18  disqualification based on the foregoing, the duration of

19  disqualification shall be for any period the Chief Financial

20  Officer Comptroller specifies up to 2 years from the date of

21  the person's or firm's conviction or plea. If the Chief

22  Financial Officer Comptroller refuses to mitigate the duration

23  of the disqualification, such person or firm may again file

24  for mitigation no sooner than 9 months after denial by the

25  Chief Financial Officer Comptroller.

26         (5)  Notwithstanding subsection (4), a firm or person

27  at any time may petition the Chief Financial Officer

28  Comptroller for termination of the disqualification based upon

29  a reversal of the conviction of the firm or person by an

30  appellate court or a pardon.

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  1         (8)  Except when otherwise provided by law for crimes

  2  of fraud with respect to the transaction of business with any

  3  public entity or with an agency or political subdivision of

  4  any other state or with the United States, this act

  5  constitutes the sole authorization for determining when a

  6  person or firm convicted or having pleaded guilty or nolo

  7  contendere to the crime of fraud may not be engaged to provide

  8  services as a securities broker or bond underwriter with the

  9  state.  Nothing in this act shall be construed to affect the

10  authority granted the Chief Financial Officer Comptroller

11  under chapter 517 to revoke or suspend the license of such

12  securities dealer or bond underwriter.

13         Section 231.  Subsection (4) of section 215.70, Florida

14  Statutes, is amended to read:

15         215.70  State Board of Administration to act in case of

16  defaults.--

17         (4)  Whenever it becomes necessary for state funds to

18  be appropriated for the payment of principal or interest on

19  bonds which have been issued by the Division of Bond Finance

20  on behalf of any local government or authority and for which

21  the full faith and credit of the state has been pledged, any

22  state shared revenues otherwise earmarked for the local

23  government or authority shall be used by the Chief Financial

24  Officer Comptroller to reimburse the state, until the local

25  government or authority has reimbursed the state in full.

26         Section 232.  Subsection (4) of section 215.91, Florida

27  Statutes, is amended to read:

28         215.91  Florida Financial Management Information

29  System; board; council.--

30         (4)  The council shall provide ongoing counsel to the

31  board and act to resolve problems among or between the

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  1  functional owner subsystems.  The board, through the

  2  coordinating council, shall direct and manage the development,

  3  implementation, and operation of the information subsystems

  4  that together are the Florida Financial Management Information

  5  System.  The coordinating council shall approve the

  6  information subsystems' designs prior to the development,

  7  implementation, and operation of the subsystems and shall

  8  approve subsequent proposed design modifications to the

  9  information subsystems subject to the guidelines issued by the

10  council.  The coordinating council shall ensure that the

11  information subsystems' operations support the exchange of

12  unified and coordinated data between information subsystems.

13  The coordinating council shall establish the common data codes

14  for financial management, and it shall require and ensure the

15  use of common data codes by the information subsystems that

16  together constitute the Florida Financial Management

17  Information System. The Chief Financial Officer Comptroller

18  shall adopt a chart of accounts consistent with the common

19  financial management data codes established by the

20  coordinating council.  The board, through the coordinating

21  council, shall establish the financial management policies and

22  procedures for the executive branch of state government.  The

23  coordinating council shall notify in writing the chairs of the

24  legislative fiscal committees and the Chief Justice of the

25  Supreme Court regarding the adoption of, or modification to, a

26  proposed financial management policy or procedure.  The notice

27  shall solicit comments from the chairs of the legislative

28  fiscal committees and the Chief Justice of the Supreme Court

29  at least 14 consecutive days before the final action by the

30  coordinating council.

31

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  1         Section 233.  Subsection (5) of section 215.92, Florida

  2  Statutes, is amended to read:

  3         215.92  Definitions relating to Florida Financial

  4  Management Information System Act.--For the purposes of ss.

  5  215.90-215.96:

  6         (5)  "Design and coordination staff" means the

  7  personnel responsible for providing administrative and

  8  clerical support to the board, coordinating council, and

  9  secretary to the board.  The design and coordination staff

10  shall function as the agency clerk for the board and the

11  coordinating council.  For administrative purposes, the design

12  and coordination staff are assigned to the Department of

13  Financial Services Banking and Finance but they are

14  functionally assigned to the board.

15         Section 234.  Subsection (3) of section 215.93, Florida

16  Statutes, is amended to read:

17         215.93  Florida Financial Management Information

18  System.--

19         (3)  The Florida Financial Management Information

20  System shall include financial management data and utilize the

21  chart of accounts approved by the Chief Financial Officer

22  Comptroller.  Common financial management data shall include,

23  but not be limited to, data codes, titles, and definitions

24  used by one or more of the functional owner subsystems.  The

25  Florida Financial Management Information System shall utilize

26  common financial management data codes.  The council shall

27  recommend and the board shall adopt policies regarding the

28  approval and publication of the financial management data.

29  The Chief Financial Officer Comptroller shall adopt policies

30  regarding the approval and publication of the chart of

31  accounts.  The Chief Financial Officer's Comptroller's chart

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  1  of accounts shall be consistent with the common financial

  2  management data codes established by the coordinating council.

  3  Further, all systems not a part of the Florida Financial

  4  Management Information System which provide information to the

  5  system shall use the common data codes from the Florida

  6  Financial Management Information System and the Chief

  7  Financial Officer's Comptroller's chart of accounts. Data

  8  codes that cannot be supplied by the Florida Financial

  9  Management Information System and the Chief Financial

10  Officer's Comptroller's chart of accounts and that are

11  required for use by the information subsystems shall be

12  approved by the board upon recommendation of the coordinating

13  council. However, board approval shall not be required for

14  those data codes specified by the Auditor General under the

15  provisions of s. 215.94(6)(c).

16         Section 235.  Subsections (2) and (3) and paragraph (a)

17  of subsection (5) of section 215.94, Florida Statutes, are

18  amended to read:

19         215.94  Designation, duties, and responsibilities of

20  functional owners.--

21         (2)  The Department of Financial Services Banking and

22  Finance shall be the functional owner of the Florida

23  Accounting Information Resource Subsystem established pursuant

24  to ss. 17.03, 215.86, 216.141, and 216.151 and further

25  developed in accordance with the provisions of ss.

26  215.90-215.96.  The subsystem shall include, but shall not be

27  limited to, the following functions:

28         (a)  Accounting and reporting so as to provide timely

29  data for producing financial statements for the state in

30  accordance with generally accepted accounting principles.

31         (b)  Auditing and settling claims against the state.

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  1         (3)  The Chief Financial Officer Treasurer shall be the

  2  functional owner of the Cash Management Subsystem.  The Chief

  3  Financial Officer Treasurer shall design, implement, and

  4  operate the subsystem in accordance with the provisions of ss.

  5  215.90-215.96.  The subsystem shall include, but shall not be

  6  limited to, functions for:

  7         (a)  Recording and reconciling credits and debits to

  8  treasury fund accounts.

  9         (b)  Monitoring cash levels and activities in state

10  bank accounts.

11         (c)  Monitoring short-term investments of idle cash.

12         (d)  Administering the provisions of the Federal Cash

13  Management Improvement Act of 1990.

14         (5)  The Department of Management Services shall be the

15  functional owner of the Cooperative Personnel Employment

16  Subsystem.  The department shall design, implement, and

17  operate the subsystem in accordance with the provisions of ss.

18  110.116 and 215.90-215.96.  The subsystem shall include, but

19  shall not be limited to, functions for:

20         (a)  Maintenance of employee and position data,

21  including funding sources and percentages and salary lapse.

22  The employee data shall include, but not be limited to,

23  information to meet the payroll system requirements of the

24  Department of Financial Services Banking and Finance and to

25  meet the employee benefit system requirements of the

26  Department of Management Services.

27         Section 236.  Subsection (1) of section 215.95, Florida

28  Statutes, is amended to read:

29         215.95  Financial Management Information Board.--

30         (1)  There is created, as part of the Administration

31  Commission, the Financial Management Information Board.  The

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  1  board shall be composed of the Governor, the Chief Financial

  2  Officer Comptroller, and the Attorney General Treasurer.  The

  3  Governor shall be chair of the board.  The Governor or the

  4  Chief Financial Officer Comptroller may call a meeting of the

  5  board at any time the need arises.

  6         Section 237.  Subsections (1) and (2) of section

  7  215.96, Florida Statutes, are amended to read:

  8         215.96  Coordinating council and design and

  9  coordination staff.--

10         (1)  The Chief Financial Officer Comptroller, as chief

11  fiscal officer of the state, shall establish a coordinating

12  council to function on a continuing basis.  The coordinating

13  council shall review and recommend to the board solutions and

14  policy alternatives to ensure coordination between functional

15  owners of the various information subsystems described in ss.

16  215.90-215.96 to the extent necessary to unify all the

17  subsystems into a financial management information system.

18         (2)  The coordinating council shall consist of the

19  Chief Financial Officer Comptroller; the Treasurer; the

20  secretary of the Department of Management Services; and the

21  Director of Planning and Budgeting, Executive Office of the

22  Governor, or their designees. The Chief Financial Officer

23  Comptroller, or his or her designee, shall be chair of the

24  coordinating council, and the design and coordination staff

25  shall provide administrative and clerical support to the

26  council and the board. The design and coordination staff shall

27  maintain the minutes of each meeting and shall make such

28  minutes available to any interested person. The Auditor

29  General, the State Courts Administrator, an executive officer

30  of the Florida Association of State Agency Administrative

31  Services Directors, and an executive officer of the Florida

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  1  Association of State Budget Officers, or their designees,

  2  shall serve without voting rights as ex officio members on the

  3  coordinating council. The chair may call meetings of the

  4  coordinating council as often as necessary to transact

  5  business; however, the coordinating council shall meet at

  6  least once a year.  Action of the coordinating council shall

  7  be by motion, duly made, seconded and passed by a majority of

  8  the coordinating council voting in the affirmative for

  9  approval of items that are to be recommended for approval to

10  the Financial Management Information Board.

11         Section 238.  Section 215.965, Florida Statutes, is

12  amended to read:

13         215.965  Disbursement of state moneys.--Except as

14  provided in s. 17.076, s. 253.025(14), s. 259.041(18), s.

15  717.124(5), s. 732.107(5), or s. 733.816(5), all moneys in the

16  State Treasury shall be disbursed by state warrant, drawn by

17  the Chief Financial Officer Comptroller upon the State

18  Treasury and payable to the ultimate beneficiary. This

19  authorization shall include electronic disbursement.

20         Section 239.  Paragraphs (a), (c), (j), (n), (p), and

21  (s) of subsection (2), subsections (3) and (4), paragraphs (a)

22  and (b) of subsection (5), paragraphs (a) and (d) of

23  subsection (6), paragraphs (a) and (c) of subsection (7),

24  paragraphs (e) and (g) of subsection (8), paragraph (e) of

25  subsection (9), and paragraphs (d) and (f) of subsection (10)

26  of section 215.97, Florida Statutes, are amended to read:

27         215.97  Florida Single Audit Act.--

28         (2)  Definitions; as used in this section, the term:

29         (a)  "Audit threshold" means the amount to use in

30  determining when a state single audit of a nonstate entity

31  shall be conducted in accordance with this section. Each

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  1  nonstate entity that expends a total amount of state financial

  2  assistance equal to or in excess of $300,000 in any fiscal

  3  year of such nonstate entity shall be required to have a state

  4  single audit for such fiscal year in accordance with the

  5  requirements of this section. Every 2 years the Auditor

  6  General, after consulting with the Executive Office of the

  7  Governor, the Chief Financial Officer Comptroller, and all

  8  state agencies that provide state financial assistance to

  9  nonstate entities, shall review the amount for requiring

10  audits under this section and may adjust such dollar amount

11  consistent with the purpose of this section.

12         (c)  "Catalog of State Financial Assistance" means a

13  comprehensive listing of state projects. The Catalog of State

14  Financial Assistance shall be issued by the Executive Office

15  of the Governor after conferring with the Chief Financial

16  Officer Comptroller and all state agencies that provide state

17  financial assistance to nonstate entities. The Catalog of

18  State Financial Assistance shall include for each listed state

19  project: the responsible state agency; standard state project

20  number identifier; official title; legal authorization; and

21  description of the state project, including objectives,