December 16, 2019
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Senate Bill 0662

Senate Bill sb0662c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                    CS for SB's 662 & 232

    By the Committee on Banking and Insurance; and Senators
    Latvala and Geller




    311-1753-02

  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 Deferred Compensation Program

12         from the Department of Insurance to the

13         Department of Management Services; transferring

14         the Division of Workers' Compensation from the

15         Department of Labor and Employment Security to

16         the Department of Financial Services; providing

17         that this act shall not affect the validity of

18         certain judicial and administrative actions;

19         transferring the Department of Banking and

20         Finance and the Department of Insurance to the

21         Department of Financial Services; repealing s.

22         20.12, F.S.; abolishing the Department of

23         Banking and Finance; providing that existing

24         agency contracts continue to be binding with

25         the successor department or agency; repealing

26         s. 20.13, F.S.; abolishing the Department of

27         Insurance; redesignating the Insurance

28         Commissioner's Regulatory Trust Fund the

29         Insurance Regulatory Trust Fund; redesignating

30         the Department of Banking and Finance

31         Regulatory Trust Fund the Banking and Finance

                                  1

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






    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




  1         Regulatory Trust Fund; repealing s.

  2         20.171(5)(b), F.S., relating to the Division of

  3         Workers' Compensation in the Department of

  4         Labor and Employment Security; amending and

  5         transferring ss. 18.01, 18.02, 18.021, 18.05,

  6         18.06, 18.08, 18.10, 18.101, 18.103, 18.104,

  7         18.125, 18.15, 18.17, 18.20, 18.23, 18.24,

  8         F.S., and amending ss. 11.12, 11.13, 11.147,

  9         11.151, 11.40, 11.42, 13.05, 14.055, 14.057,

10         14.058, 14.202, 14.203, 14.24, 15.09, 16.10,

11         17.011, 17.02, 17.03, 17.031, 17.04, 17.0401,

12         17.041, 17.0415, 17.05, 17.06, 17.075, 17.076,

13         17.08, 17.09, 17.10, 17.11, 17.12, 17.13,

14         17.14, 17.16, 17.17, 17.20, 17.21, 17.22,

15         17.25, 17.26, 17.27, 17.28, 17.29, 17.30,

16         17.32, 17.325, 17.41, 17.43, 20.04, 20.055,

17         20.195, 20.425, 20.435, 24.105, 24.111, 24.112,

18         24.120, 25.241, 26.39, 27.08, 27.10, 27.11,

19         27.12, 27.13, 27.34, 27.3455, 27.703, 27.710,

20         27.711, 28.235, 28.24, 30.52, 40.30, 40.31,

21         40.33, 40.34, 40.35, 43.16, 43.19, 48.151,

22         55.03, 57.091, 68.083, 68.084, 68.087, 68.092,

23         77.0305, 92.39, 99.097, 101.151, 103.091,

24         107.11, 110.1127, 110.113, 110.114, 110.116,

25         110.1227, 110.1228, 110.123, 110.125, 110.181,

26         110.2037, 110.205, 112.061, 112.08, 112.191,

27         112.215, 112.3144, 112.3145, 112.3189,

28         112.31895, 112.3215, 112.63, 114.03, 116.03,

29         116.04, 116.05, 116.06, 116.14, 120.52, 120.80,

30         121.0312, 121.055, 121.061, 121.133, 121.4501,

31         125.0104, 129.201, 131.05, 137.09, 145.141,

                                  2

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






    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




  1         154.02, 154.03, 154.05, 154.06, 154.209,

  2         154.314, 163.01, 163.05, 163.055, 163.3167,

  3         175.101, 175.121, 175.151, 185.08, 185.10,

  4         185.13, 189.4035, 189.412, 189.427, 190.007,

  5         191.006, 192.091, 192.102, 193.092, 195.101,

  6         198.29, 199.232, 203.01, 206.46, 210.16,

  7         210.20, 210.50, 211.06, 211.32, 212.08, 212.12,

  8         212.20, 213.053, 213.054, 213.255, 213.67,

  9         213.75, 215.02, 215.03, 215.04, 215.05, 215.11,

10         215.20, 215.22, 215.23, 215.24, 215.25, 215.26,

11         215.29, 215.31, 215.32, 215.3206, 215.3208,

12         215.321, 215.322, 215.34, 215.35, 215.405,

13         215.42, 215.422, 215.44, 215.50, 215.551,

14         215.552, 215.555, 215.559, 215.56005, 215.5601,

15         215.58, 215.62, 215.684, 215.70, 215.91,

16         215.92, 215.93, 215.94, 215.95, 215.96,

17         215.965, 215.97, 216.0442, 216.102, 216.141,

18         216.177, 216.181, 216.183, 216.192, 216.212,

19         216.221, 216.235, 216.237, 216.251, 216.271,

20         216.275, 216.292, 216.301, 217.07, 218.06,

21         218.23, 218.31, 218.321, 218.325, 220.62,

22         220.723, 228.2001, 229.0535, 229.0537,

23         229.05371, 229.111, 229.781, 231.261, 231.30,

24         231.545, 233.063, 233.07, 233.15, 233.16,

25         233.255, 236.43, 236.601, 237.121, 237.181,

26         237.211, 238.11, 238.15, 238.172, 238.173,

27         240.551, 242.331, 242.341, 245.13, 250.22,

28         250.24, 250.25, 250.26, 250.34, 252.62, 252.87,

29         253.02, 253.025, 255.03, 255.052, 255.258,

30         255.503, 255.521, 257.22, 258.014, 259.032,

31         259.041, 265.53, 265.55, 267.075, 272.18,

                                  3

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






    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




  1         280.02, 280.04, 280.041, 280.05, 280.051,

  2         280.052, 280.053, 280.054, 280.055, 280.06,

  3         280.07, 280.071, 280.08, 280.085, 280.09,

  4         280.10, 280.11, 280.13, 280.16, 280.17, 280.18,

  5         280.19, 282.1095, 284.02, 284.04, 284.05,

  6         284.06, 284.08, 284.14, 284.17, 284.30, 284.31,

  7         284.32, 284.33, 284.34, 284.35, 284.37,

  8         284.385, 284.39, 284.40, 284.41, 284.42,

  9         284.44, 284.50, 287.042, 287.057, 287.058,

10         287.063, 287.064, 287.09451, 287.115, 287.131,

11         287.175, 288.1045, 288.106, 288.109, 288.1253,

12         288.709, 288.712, 288.776, 288.778, 288.99,

13         289.051, 289.081, 289.121, 292.085, 313.02,

14         314.02, 316.3025, 316.545, 320.02, 320.081,

15         320.20, 320.71, 320.781, 322.21, 324.032,

16         324.171, 326.006, 331.303, 331.309, 331.3101,

17         331.348, 331.419, 336.022, 337.25, 339.035,

18         339.081, 344.17, 350.06, 354.03, 365.173,

19         370.06, 370.16, 370.19, 370.20, 373.503,

20         373.59, 373.6065, 374.983, 374.986, 376.11,

21         376.123, 376.307, 376.3071, 376.3072, 376.3075,

22         376.3078, 376.3079, 376.40, 377.23, 377.2425,

23         377.705, 378.035, 378.037, 378.208, 381.765,

24         381.90, 388.201, 388.301, 391.025, 391.221,

25         392.69, 393.002, 393.075, 394.482, 400.0238,

26         400.063, 400.071, 400.4174, 400.4298, 400.471,

27         400.962, 401.245, 401.25, 402.04, 402.17,

28         402.33, 403.1835, 403.1837, 403.706, 403.724,

29         403.8532, 404.111, 408.040, 408.05, 408.08,

30         408.18, 408.50, 408.7056, 408.902, 409.175,

31         409.25656, 409.25658, 409.2673, 409.8132,

                                  4

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






    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




  1         409.817, 409.818, 409.910, 409.912, 409.9124,

  2         409.915, 411.01, 413.32, 414.27, 414.28,

  3         420.0005, 420.0006, 420.101, 420.123, 420.131,

  4         420.141, 420.5092, 430.42, 430.703, 440.103,

  5         440.105, 440.1051, 440.106, 440.13, 440.134,

  6         440.135, 440.20, 440.24, 440.38, 440.381,

  7         440.385, 440.44, 440.4416, 440.49, 440.50,

  8         440.51, 440.515, 440.52, 443.131, 443.191,

  9         443.211, 447.12, 450.155, 456.047, 468.392,

10         473.3065, 475.045, 475.484, 475.485, 489.144,

11         489.145, 489.533, 494.001, 494.0011, 494.0017,

12         494.00421, 497.005, 497.101, 497.105, 497.107,

13         497.109, 497.115, 497.117, 497.131, 497.201,

14         497.253, 497.313, 497.403, 497.407, 497.435,

15         497.525, 498.025, 498.049, 499.057, 501.212,

16         509.215, 513.055, 516.01, 516.03, 516.35,

17         517.021, 517.03, 517.061, 517.075, 517.1204,

18         517.1205, 517.131, 517.141, 517.151, 518.115,

19         518.116, 519.101, 520.02, 520.07, 520.31,

20         520.34, 520.61, 520.76, 520.998, 526.141,

21         537.003, 537.004, 537.011, 548.066, 548.077,

22         550.0251, 550.054, 550.0951, 550.125, 550.135,

23         550.1645, 552.081, 552.161, 552.21, 552.26,

24         553.72, 553.73, 553.74, 553.79, 554.1021,

25         554.105, 554.111, 559.10, 559.543, 559.545,

26         559.55, 559.555, 559.725, 559.730, 559.928,

27         560.102, 560.103, 560.119, 560.4041, 560.408,

28         561.051, 562.44, 567.08, 569.205, 570.13,

29         570.195, 570.20, 574.03, 589.06, 597.010,

30         601.10, 601.15, 601.28, 607.0501, 607.14401,

31         609.05, 617.0501, 617.1440, 624.05, 624.155,

                                  5

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






    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




  1         624.305, 624.307, 624.310, 624.314, 624.319,

  2         624.320, 624.321, 624.322, 624.33, 624.404,

  3         624.4071, 624.4085, 624.40851, 624.422,

  4         624.423, 624.442, 624.4435, 624.484, 624.5015,

  5         624.502, 624.506, 624.5091, 624.5092, 624.516,

  6         624.517, 624.519, 624.521, 624.523, 624.610,

  7         624.87, 624.91, 625.161, 625.317, 625.52,

  8         625.53, 625.83, 626.266, 626.2815, 626.322,

  9         626.592, 626.742, 626.7492, 626.8427, 626.8463,

10         626.8467, 626.847, 626.8736, 626.906, 626.907,

11         626.912, 626.918, 626.931, 626.932, 626.936,

12         626.9361, 626.937, 626.938, 626.9511, 626.9541,

13         626.9543, 626.989, 626.9892, 626.9911,

14         626.9912, 626.9916, 627.0613, 627.0628,

15         627.0651, 627.06535, 627.0915, 627.0916,

16         627.092, 627.096, 627.221, 627.311, 627.351,

17         627.413, 627.4236, 627.6472, 627.6482,

18         627.6488, 627.6675, 627.7012, 627.7015,

19         627.727, 627.728, 627.736, 627.849, 627.912,

20         627.9122, 627.919, 627.94074, 627.944, 627.948,

21         628.461, 628.4615, 629.401, 631.001, 631.221,

22         631.392, 631.54, 631.57, 631.59, 631.714,

23         631.72, 631.723, 631.813, 631.814, 631.904,

24         631.911, 631.912, 631.917, 631.931, 632.628,

25         633.01, 633.022, 633.025, 633.052, 633.061,

26         633.081, 633.111, 633.161, 633.162, 633.30,

27         633.31, 633.353, 633.382, 633.43, 633.445,

28         633.45, 633.46, 633.461, 633.47, 633.50,

29         633.524, 634.011, 634.137, 634.151, 634.161,

30         634.221, 634.301, 634.313, 634.324, 634.327,

31         634.3284, 634.401, 634.415, 634.416, 634.427,

                                  6

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






    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




  1         634.433, 635.011, 635.041, 636.003, 636.043,

  2         636.047, 636.052, 641.185, 641.19, 641.23,

  3         641.26, 641.28, 641.39001, 641.402, 641.403,

  4         641.412, 641.454, 641.455, 641.48, 641.49,

  5         641.511, 641.52, 641.55, 641.58, 642.015,

  6         642.0475, 648.25, 648.26, 648.34, 648.355,

  7         648.37, 648.386, 648.442, 650.06, 651.011,

  8         651.015, 651.0235, 651.035, 651.121, 651.125,

  9         655.001, 655.005, 655.057, 655.90, 657.002,

10         657.253, 658.23, 658.295, 658.2953, 658.83,

11         660.27, 660.28, 687.13, 687.14, 697.202,

12         697.205, 697.206, 713.596, 716.02, 716.03,

13         716.04, 716.05, 716.06, 716.07, 717.101,

14         717.135, 717.138, 718.501, 719.501, 721.24,

15         721.26, 723.006, 732.107, 733.816, 744.534,

16         766.105, 766.1115, 766.314, 766.315, 768.28,

17         790.001, 790.1612, 791.01, 791.015, 817.16,

18         817.234, 839.06, 849.086, 849.33, 860.154,

19         860.157, 896.102, 903.101, 903.27, 925.037,

20         932.7055, 932.707, 938.27, 939.13, 943.031,

21         943.032, 944.516, 946.33, 946.509, 946.510,

22         946.517, 946.522, 946.525, 947.12, 950.002,

23         957.04, 985.406, 985.409, F.S., to conform;

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

25         residence and office of the Treasurer, s.

26         18.07, F.S., relating to records of warrants

27         and state funds and securities, s. 18.09, F.S.,

28         relating to a report to the Legislature, s.

29         18.091, F.S., relating to employees for

30         legislative sessions; s. 18.22, F.S., relating

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

                                  7

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    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




  1         conversion of credit unions from federal to

  2         state charter; providing effective dates.

  3

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

  5

  6         Section 1.  Section 17.001, Florida Statutes, is

  7  created to read:

  8         17.001  Financial Officer.--As provided in s. 4(c),

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

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

11  for settling and approving accounts against the state and

12  keeping all state funds and securities.

13         Section 2.  Section 20.121, Florida Statutes, is

14  created to read:

15         20.121  Department of Financial Services.--There is

16  created a Department of Financial Services.

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

18  is the Chief Financial Officer.

19         (2)  The Department of Financial Services shall consist

20  of the following divisions:

21         (a)  Division of Treasury.

22         (b)  Division of Consumer Services.

23         (c)  Division of Insurer Services. Division

24  responsibilities, as provided in the Florida Insurance Code,

25  include issuing certificates of authority to insurers,

26  regulatory oversight of insurer solvency, approving policy

27  forms and rates, performing market conduct examinations, and

28  enforcing statutes related to insurers.

29         (d)  Division of Financial Institutions, which shall

30  consist of the following bureaus:

31         1.  Bureau of Banking; and

                                  8

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    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




  1         2.  Bureau of Credit Unions.

  2

  3  Division responsibilities include licensure, examination, and

  4  regulation of state-chartered financial institutions, as

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

  6         (e)  Division of Risk Management.

  7         (f)  Division of State Fire Marshal.

  8         (g)  Division of Insurance Fraud.

  9         (h)  Division of Rehabilitation and Liquidation.

10         (i)  Division of Securities and Finance. Division

11  responsibilities include enforcing chapter 517, the Florida

12  Securities and Investor Protection Act; chapter 494, relating

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

14  Consumer Finance Act; chapter 520, relating to retail

15  installment sales; those sections in chapter 559 relating to

16  collection agencies; chapter 560, the Money Transmitters'

17  Code; those portions of chapter 497 related to the

18  department's responsibilities with respect to cemeteries and

19  preneed services; and certifying and reviewing certified

20  capital companies, as provided in s. 288.99.

21         (j)  Division of Information Systems.

22         (k)  Division of Legal Services.

23         (l)  Division of Financial Investigations.

24         (m)  Division of Accounting and Auditing.

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

26         (o)  Division of Administration.

27         (p)  The Division of Workers' Compensation.

28         (3)  The Division of Financial Institutions, the

29  Division of Securities and Finance, and the Division of

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

31  directors of these divisions shall act as agency head for

                                  9

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    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




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

  2  agency action with regard to the implementation and

  3  enforcement of statutes and rules under the regulatory

  4  authority delegated to their divisions. The Director of the

  5  Division of Financial Institutions, the Director of the

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

  7  Division of Insurer Services shall each be appointed by the

  8  Chief Financial Officer, subject to confirmation by the

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

10  at the pleasure of the trustees of the State Board of

11  Administration.

12         (4)  The Division of Financial Investigations shall

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

14  943.045(10)(e).

15         Section 3.  The Deferred Compensation Program of the

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

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

18  Department of Insurance to the Department of Management

19  Services.

20         Section 4.  The Division of Workers' Compensation of

21  the Department of Labor and Employment Security is transferred

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

23  Florida Statutes, to the Department of Financial Services.

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

25  any judicial or administrative action involving the Department

26  of Banking and Finance or the Department of Insurance pending

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

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

29  action. However, if the action involves the constitutional

30  functions of the Comptroller or Treasurer, the Chief Financial

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

                                  10

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






    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




  1         Section 6.  The Department of Banking and Finance and

  2  the Department of Insurance are transferred by a type two

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

  4  the Department of Financial Services.

  5         Section 7.  Any binding contract or interagency

  6  agreement existing on or before January 7, 2003, between the

  7  Department of Insurance, the Department of Banking and

  8  Finance, or the Department of Labor and Employment Security,

  9  or an entity or agent of such departments, and any other

10  agency, entity, or person shall continue as a binding contract

11  or agreement for the remainder of the term of the contract or

12  agreement with the successor department, agency or entity

13  responsible for the program, activity, or functions relative

14  to the contract or agreement.

15         Section 8.  Sections 20.12 and 20.13 and paragraph (b)

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

17  repealed.

18         Section 9.  Section 11.12, Florida Statutes, is amended

19  to read:

20         11.12  Salary, subsistence, and mileage of members and

21  employees; expenses authorized by resolution; appropriation;

22  preaudit by Comptroller.--

23         (1)  The Chief Financial Officer Treasurer is

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

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

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

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

28  Officer Treasurer is authorized to pay the compensation of

29  employees of the Legislature, together with reimbursement for

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

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

                                  11

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    Florida Senate - 2002                    CS for SB's 662 & 232
    311-1753-02




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

  2  adopted by the respective houses, provided the total amount

  3  appropriated to the legislative branch shall not be altered,

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

  5  compensation of the employees of the respective houses and of

  6  their committees shall be determined as provided by the rules

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

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

  9  the Legislature, and those employees who change their places

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

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

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

13  of Representatives for House employees. Such employees, in

14  addition to subsistence, shall be paid transportation expenses

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

16  transportation between their homes and the seat of government

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

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

19  session of the Legislature.

20         (2)  All vouchers covering legislative expenses shall

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

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

23  therefor.

24         Section 10.  Paragraph (c) of subsection (5) of section

25  11.13, Florida Statutes, is amended to read:

26         11.13  Compensation of members.--

27         (5)

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

29  forms prescribed by the Chief Financial Officer Comptroller

30  requested allotments of appropriations for the fiscal year. It

31  shall be the duty of the Chief Financial Officer Comptroller

                                  12

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    Florida Senate - 2002                    CS for SB's 662 & 232
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  1  to release the funds and authorize the expenditures for the

  2  legislative branch to be made from the appropriations on the

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

  4  such allotments shall not exceed the total appropriations

  5  available for the fiscal year.

  6         Section 11.  Subsection (4) of section 11.147, Florida

  7  Statutes, is amended to read:

  8         11.147  Office of Legislative Services.--

  9         (4)  The Office of Legislative Services shall deliver

10  such vouchers covering legislative expenses as required to the

11  Chief Financial Officer Comptroller and, if found to be

12  correct, state warrants shall be issued therefor.

13         Section 12.  Section 11.151, Florida Statutes, is

14  amended to read:

15         11.151  Annual legislative appropriation to contingency

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

17  established a legislative contingency fund consisting of

18  $10,000 for the President of the Senate and $10,000 for the

19  Speaker of the House of Representatives, which amounts shall

20  be set aside annually from moneys appropriated for legislative

21  expense.  These funds shall be disbursed by the Chief

22  Financial Officer Comptroller upon receipt of vouchers

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

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

25  at the unrestricted discretion of the President of the Senate

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

27  their official duties during the entire period between the

28  date of their election as such officers at the organizational

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

30  Constitution and the next general election.

31

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  1         Section 13.  Subsection (5) of section 11.40, Florida

  2  Statutes, is amended to read:

  3         11.40  Legislative Auditing Committee.--

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

  5  Department of Financial Services Banking and Finance, or the

  6  Division of Bond Finance of the State Board of Administration

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

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

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

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

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

12  committee shall determine if the entity should be subject to

13  further state action.  If the committee determines that the

14  entity should be subject to further state action, the

15  committee shall:

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

17  district school board, request the Department of Revenue and

18  the Department of Financial Services Banking and Finance to

19  withhold any funds not pledged for bond debt service

20  satisfaction which are payable to such entity until the entity

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

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

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

24  Financial Services Banking and Finance 30 days before the date

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

26  and the Department of Financial Services may Banking and

27  Finance are authorized to implement the provisions of this

28  paragraph.

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

30  Department of Community Affairs that the special district has

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

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  1  the Department of Community Affairs shall proceed pursuant to

  2  the provisions specified in ss. 189.421 and 189.422.

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

  4  technical career center, notify the appropriate sponsoring

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

  6  228.056 and 228.505.

  7         Section 14.  Paragraph (b) of subsection (6) of section

  8  11.42, Florida Statutes, is amended to read:

  9         11.42  The Auditor General.--

10         (6)

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

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

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

14  payments shall be issued therefor.

15         Section 15.  Subsection (1) of section 13.05, Florida

16  Statutes, is amended to read:

17         13.05  Governor's Committee on Interstate

18  Cooperation.--

19         (1)  There is hereby established a committee of

20  administrative officials of this state to be officially known

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

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

23  Governor, Secretary of State, Attorney General, Chief

24  Financial Officer Comptroller, Treasurer, Commissioner of

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

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

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

28  an administrative official or employee of the state.

29         Section 16.  Section 14.055, Florida Statutes, is

30  amended to read:

31

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  1         14.055  Succession to office of Governor.--Upon vacancy

  2  in the office of Governor, the Lieutenant Governor shall

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

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

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

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

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

  8  Financial Officer Comptroller shall become Governor; or if the

  9  office of Comptroller be vacant, then the Treasurer shall

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

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

12  office of Chief Financial Officer Commissioner of Education be

13  vacant, then the Commissioner of Agriculture shall become

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

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

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

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

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

19  House and the President of the Senate shall convene the

20  Legislature by joint proclamation within 15 days for the

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

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

23  majority vote in a joint session of both houses.

24         Section 17.  Subsection (1) of section 14.057, Florida

25  Statutes, is amended to read:

26         14.057  Governor-elect; establishment of operating

27  fund.--

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

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

30  certification of his or her election by the Elections

31  Canvassing Commission to his or her inauguration as Governor.

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

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

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

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

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

  6  relations and information adviser. The salary of the

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

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

  9  except that the total expenditures chargeable to the state

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

11  amount appropriated to the operating fund. The Executive

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

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

14  suitable forms to provide for the reporting of all

15  expenditures therefrom. The Chief Financial Officer

16  Comptroller shall release moneys from this fund upon the

17  request of the Governor-elect properly filed.

18         Section 18.  Section 14.058, Florida Statutes, is

19  amended to read:

20         14.058  Inauguration expense fund.--There is

21  established an inauguration expense fund for the use of the

22  Governor-elect in planning and conducting the inauguration

23  ceremonies. The Governor-elect shall appoint an inauguration

24  coordinator and such staff as necessary to plan and conduct

25  the inauguration. Salaries for the inauguration coordinator

26  and the inauguration coordinator's staff shall be determined

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

28  expense fund. The Executive Office of the Governor shall

29  supply to the inauguration coordinator suitable forms to

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

31  provide for the reporting of all expenditures therefrom. The

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  1  Chief Financial Officer Comptroller shall release moneys from

  2  this fund upon the request of the inauguration coordinator

  3  properly filed.

  4         Section 19.  Section 14.202, Florida Statutes, is

  5  amended to read:

  6         14.202  Administration Commission.--There is created as

  7  part of the Executive Office of the Governor an Administration

  8  Commission composed of the Governor and Cabinet. The Governor

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

10  Officer Comptroller may call a meeting of the commission

11  promptly each time the need therefor arises. Unless otherwise

12  provided herein, affirmative action by the commission shall

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

14  other members of the commission. The commission shall adopt

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

16  provisions of law conferring duties upon it.

17         Section 20.  Paragraph (f) of subsection (3) of section

18  14.203, Florida Statutes, is amended to read:

19         14.203  State Council on Competitive Government.--It is

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

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

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

23  recognizes that competition among service providers may

24  improve the quality of services provided, and that

25  competition, innovation, and creativity among service

26  providers should be encouraged.

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

28  council may:

29         (f)  Require that an identified state service be

30  submitted to competitive bidding or another process that

31  creates competition with private sources or other governmental

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  1  entities. In determining whether an identified state service

  2  should be submitted to competitive bidding, the council shall

  3  consider, at a minimum:

  4         1.  Any constitutional and legal implications which may

  5  arise as a result of such action.

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

  7  contractor.

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

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

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

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

12  Attorney General, and other such support agencies to the

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

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

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

16  the contract were awarded to another entity.

17         Section 21.  Subsection (1) of section 14.24, Florida

18  Statutes, is amended to read:

19         14.24  Florida Commission on the Status of Women.--

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

21  General the Florida Commission on the Status of Women,

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

23  Representatives, the President of the Senate, the Attorney

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

25  the Chief Financial Officer, Insurance Commissioner, the

26  Comptroller, the Secretary of State, the Commissioner of

27  Agriculture, and the Commissioner of Education shall each

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

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

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

31  term of office of each member appointed by the Insurance

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  1  Commissioner and the Comptroller expires; and the Chief

  2  Financial Officer shall reappoint one of the members who was

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

  4  Insurance Commissioner and one of such members who was

  5  appointed by the Comptroller. If possible, the reappointments

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

  7  Officer's appointees remain staggered, but if both

  8  reappointees were serving terms of the same length, the

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

10  maintained. The members appointed shall include persons who

11  represent rural and urban interests and the ethnic and

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

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

14  vacancy shall be filled for the remainder of the unexpired

15  term in the same manner as the original appointment.

16         Section 22.  Subsection (3) of section 15.09, Florida

17  Statutes, is amended to read:

18         15.09  Fees.--

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

20  appointment to office and from commissions to officers shall

21  be paid to the Chief Financial Officer Treasurer for deposit

22  in the General Revenue Fund.

23         Section 23.  Section 16.10, Florida Statutes, is

24  amended to read:

25         16.10  Receipt of Supreme Court reports for

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

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

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

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

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

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

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

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

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

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

  5  taking away of any book belonging to the Supreme Court

  6  library, kept for the use of said court.

  7         Section 24.  Section 17.011, Florida Statutes, is

  8  amended to read:

  9         17.011  Assistant Chief Financial Officer

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

11  state may appoint an assistant comptroller to hold office

12  during the pleasure of the Chief Financial Officer

13  Comptroller.

14         Section 25.  Section 17.02, Florida Statutes, is

15  amended to read:

16         17.02  Place of residence and office.--The Chief

17  Financial Officer Comptroller shall reside at the seat of

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

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

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

21  through Friday of every week.

22         Section 26.  Section 17.03, Florida Statutes, is

23  amended to read:

24         17.03  To audit claims against the state.--

25         (1)  The Chief Financial Officer Comptroller of this

26  state, using generally accepted auditing procedures for

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

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

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

30  issue a warrant to the Treasurer directing the payment

31

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

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

  3         (2)  The Chief Financial Officer Comptroller may

  4  establish dollar thresholds applicable to each invoice amount

  5  and other criteria for testing or sampling invoices on a

  6  preaudit and postaudit basis. The Chief Financial Officer

  7  Comptroller may revise such thresholds and other criteria for

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

  9  appropriate.

10         (3)  The Chief Financial Officer Comptroller may adopt

11  and disseminate to the agencies procedural and documentation

12  standards for payment requests and may provide training and

13  technical assistance to the agencies for these standards.

14         (4)  The Chief Financial Officer Comptroller shall have

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

16  charged with the official responsibility of the protection and

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

18  The Chief Financial Officer Comptroller may delegate this

19  authority to other state agencies or officers.

20         Section 27.  Section 17.031, Florida Statutes, is

21  amended to read:

22         17.031  Security of Chief Financial Officer's

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

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

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

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

27  custody or control of the Chief Financial Officer Comptroller.

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

29  direction and supervision of the Chief Financial Officer

30  Comptroller, and their salaries and expenses shall be paid

31

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

  2  Comptroller.

  3         Section 28.  Section 17.04, Florida Statutes, is

  4  amended to read:

  5         17.04  To audit and adjust accounts of officers and

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

  7  Department of Banking and Finance of this state, using

  8  generally accepted auditing procedures for testing or

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

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

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

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

13  anywise indebted or accountable to this state for any

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

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

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

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

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

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

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

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

22  Investigations may conduct investigations within or outside of

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

24  this section.  If during an investigation the division has

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

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

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

28  enforcement or prosecutorial agencies and shall provide

29  investigative assistance to those agencies as required.

30         Section 29.  Section 17.0401, Florida Statutes, is

31  amended to read:

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  1         17.0401  Confidentiality of information relating to

  2  financial investigations.--Except as otherwise provided by

  3  this section, information relative to an investigation

  4  conducted by the Division of Financial Investigations pursuant

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

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

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

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

  9  an investigation conducted by the division pursuant to s.

10  17.04 shall remain confidential and exempt from the provisions

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

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

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

14  enforcement or prosecutorial agency for further investigation.

15  Such information shall remain confidential and exempt from the

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

17  Constitution until that agency's investigation is completed or

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

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

20  division or any law enforcement or prosecutorial agency is

21  proceeding with reasonable dispatch and has a reasonable good

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

23  an administrative, civil, or criminal proceeding.  This

24  section shall not be construed to prohibit disclosure of

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

26  Department of Financial Services Banking and Finance and that

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

28  to public disclosure. Nothing in this section shall be

29  construed to prohibit the division from providing information

30  to any law enforcement or prosecutorial agency.  Any law

31  enforcement or prosecutorial agency receiving confidential

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  1  information from the division in connection with its official

  2  duties shall maintain the confidentiality of the information

  3  as provided for in this section.

  4         Section 30.  Subsections (1), (4), and (5) of section

  5  17.041, Florida Statutes, are amended to read:

  6         17.041  County and district accounts and claims.--

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

  8  Officer Department of Banking and Finance of this state to

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

10  accounts and claims heretofore or hereafter reported to it by

11  the Auditor General, the appropriate county or district

12  official, or any person against all county and district

13  officers and employees, and against all other persons

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

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

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

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

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

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

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

21  authority entitled by law to receive the same.

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

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

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

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

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

27  of the Chief Financial Officer Comptroller, the Auditor

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

29  turned over to the proper state attorney for inspection,

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

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

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

  2  certified to the Chief Financial Officer department, may be

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

  4  the written consent of the Chief Financial Officer department,

  5  and any attempt to make settlement in violation of this

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

  7  district board desiring to make such a settlement shall

  8  incorporate the proposed settlement into a resolution, stating

  9  that the proposed settlement is contingent upon the Chief

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

11  two copies of the resolution to the Chief Financial Officer

12  department. The Chief Financial Officer department shall

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

14  endorsed thereon.

15         Section 31.  Section 17.0415, Florida Statutes, is

16  amended to read:

17         17.0415  Transfer and assignment of claims.--In order

18  to facilitate their collection from third parties, the Chief

19  Financial Officer Comptroller may authorize the assignment of

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

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

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

23  subdivisions, may assign claims under such terms as are

24  mutually acceptable to the Chief Financial Officer Comptroller

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

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

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

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

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

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

31

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

  2  pursuant to this section.

  3         Section 32.  Section 17.05, Florida Statutes, is

  4  amended to read:

  5         17.05  Subpoenas; sworn statements; enforcement

  6  proceedings.--

  7         (1)  The Chief Financial Officer Comptroller may demand

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

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

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

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

12  the Chief Financial Officer Comptroller may require to be in

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

14  Comptroller or the department or before any judicial officer

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

16  Financial Officer Comptroller to determine the justice or

17  legality of such account, claim, or demand.

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

19  Chief Financial Officer Comptroller or his or her designee

20  may:

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

22  witnesses.

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

24  writing, under oath or otherwise as the Chief Financial

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

26  the facts and circumstances concerning the matter to be

27  audited, examined, or investigated.

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

29  Officer Comptroller or his or her designee under seal

30  commanding such witnesses to appear before the Chief Financial

31  Officer Comptroller or the Chief Financial Officer's

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  1  Comptroller's representative or the department at a specified

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

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

  4  inspection.  Such subpoenas may be served by an authorized

  5  representative of the Chief Financial Officer Comptroller or

  6  the department.

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

  8  issued pursuant to this section, the Chief Financial Officer

  9  Comptroller or the department may petition the circuit court

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

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

12  the subpoenaed person to appear and testify and to produce

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

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

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

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

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

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

19  or other disposition of subpoenaed books, records, or

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

21  has fully complied with such subpoena and the Chief Financial

22  Officer Comptroller or the department has completed the audit,

23  examination, or investigation. The Chief Financial Officer

24  Comptroller or the department is entitled to the summary

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

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

27  Financial Officer Comptroller or the department to obtain an

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

29  enforcement of a subpoena shall be charged against the

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

31  be a contempt of court.

                                  28

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  1         Section 33.  Section 17.06, Florida Statutes, is

  2  amended to read:

  3         17.06  Disallowed items and accounts.--The Chief

  4  Financial Officer Comptroller shall erase from any original

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

  6  Financial Officer Comptroller shall reject the whole of any

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

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

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

10  claimant.

11         Section 34.  Subsection (1) of section 17.075, Florida

12  Statutes, is amended to read:

13         17.075  Form of state warrants and other payment

14  orders; rules.--

15         (1)  The Chief Financial Officer may Department of

16  Banking and Finance is authorized to establish the form or

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

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

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

20  time as the Chief Financial Officer department may consider

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

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

23  to the accounting and recordkeeping requirements applicable to

24  state warrants.

25         Section 35.  Paragraph (b) of subsection (1) and

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

27  are amended to read:

28         17.076  Direct deposit of funds.--

29         (1)  As used in this section:

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

31  Services Banking and Finance.

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  1         (3)  The department may contract with an authorized

  2  financial institution for the services necessary to operate

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

  4  section, the Chief Financial Officer Comptroller is authorized

  5  to deposit with that financial institution the funds payable

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

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

  8  deposits.

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

10  processing the direct deposit of funds other than salary or

11  retirement benefits, the department may charge the beneficiary

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

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

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

15  beneficiary.  Such fees collected by the department shall be

16  deposited into the Department of Financial Services Banking

17  and Finance Administrative Trust Fund.

18         Section 36.  Section 17.08, Florida Statutes, is

19  amended to read:

20         17.08  Accounts, etc., on which warrants drawn, to be

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

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

23  upon the treasury by the Chief Financial Officer Comptroller

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

25  Officer Comptroller or the office of the Chief Financial

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

27  requirements established by the Secretary of State.

28         Section 37.  Section 17.09, Florida Statutes, is

29  amended to read:

30         17.09  Application for warrants for salaries.--All

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

                                  30

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  1  shall make their application for warrants in writing, stating

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

  3  application shall be filed by the Chief Financial Officer

  4  Comptroller as vouchers for the warrants issued thereupon.

  5         Section 38.  Section 17.10, Florida Statutes, is

  6  amended to read:

  7         17.10  Record of warrants and of state funds and

  8  securities issued.--The Chief Financial Officer Comptroller

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

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

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

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

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

14  funds and securities.

15         Section 39.  Section 17.11, Florida Statutes, is

16  amended to read:

17         17.11  To report disbursements made.--

18         (1)  The Chief Financial Officer Comptroller shall make

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

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

21  the several heads of expenditures under which such

22  disbursements were made.

23         (2)  The Chief Financial Officer Comptroller shall also

24  cause to have reported from the Florida Accounting Information

25  Resource Subsystem no less than quarterly the disbursements

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

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

28  certified minority business enterprises in the aggregate; and

29  to certified minority business enterprises broken down into

30  categories of minority persons, as well as gender and

31  nationality subgroups. This information shall be made

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

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

  3  the House of Representatives. Each agency shall be responsible

  4  for the accuracy of information entered into the Florida

  5  Accounting Information Resource Subsystem for use in this

  6  reporting.

  7         Section 40.  Section 17.12, Florida Statutes, is

  8  amended to read:

  9         17.12  Authorized to issue warrants to tax collector or

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

11  satisfaction of the Chief Financial Officer Comptroller of

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

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

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

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

16  such said collector or sheriff, then the Chief Financial

17  Officer Comptroller may issue a warrant to such said collector

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

19         Section 41.  Section 17.13, Florida Statutes, is

20  amended to read:

21         17.13  To duplicate warrants lost or destroyed.--

22         (1)  The Chief Financial Officer Comptroller is

23  required to duplicate any Chief Financial Officer's

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

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

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

27  Financial Officer Comptroller the statement, under oath,

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

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

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

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

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

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

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

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

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

  6  conditioned to indemnify the state and any innocent holders

  7  thereof from any damages that may accrue from such

  8  duplication.

  9         (2)  The Chief Financial Officer Comptroller is

10  required to duplicate any Chief Financial Officer's

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

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

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

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

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

16  Chief Financial Officer Comptroller a statement, under oath,

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

18  destroyed, the circumstances surrounding the loss or

19  destruction of such warrant, and any additional information

20  that the Chief Financial Officer Comptroller shall request in

21  regard to such warrant.

22         (3)  Any duplicate Chief Financial Officer's

23  Comptroller's warrant issued in pursuance of the above

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

25  before its loss.

26         Section 42.  Section 17.14, Florida Statutes, is

27  amended to read:

28         17.14  To prescribe forms.--The Chief Financial Officer

29  Department of Banking and Finance may prescribe the forms of

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

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

                                  33

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

  2  demands against the state or entrusted with the collection of

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

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

  5         Section 43.  Section 17.16, Florida Statutes, is

  6  amended to read:

  7         17.16  Seal.--The seal of office of the Chief Financial

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

  9  the seal heretofore used for that purpose.

10         Section 44.  Section 17.17, Florida Statutes, is

11  amended to read:

12         17.17  Examination by Governor and report.--The office

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

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

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

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

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

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

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

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

21  Governor, to be laid before the Legislature with the

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

23  constitution may require.

24         Section 45.  Subsection (1) of section 17.20, Florida

25  Statutes, is amended to read:

26         17.20  Assignment of claims for collection.--

27         (1)  The Department of Financial Services Banking and

28  Finance shall charge the state attorneys with the collection

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

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

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

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  1  charges are evidence of indebtedness of a state attorney

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

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

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

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

  6  the state attorney demonstrates to the department that the

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

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

  9  charge against the state attorney.

10         Section 46.  Section 17.21, Florida Statutes, is

11  amended to read:

12         17.21  Not to allow any claim of state attorney against

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

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

15  attorney may have against the state for services who shall

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

17  required to make to the Chief Financial Officer Comptroller of

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

19         Section 47.  Section 17.22, Florida Statutes, is

20  amended to read:

21         17.22  Notice to Department of Legal Affairs.--Whenever

22  the Department of Financial Services Banking and Finance

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

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

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

26  necessary particulars for its full information upon the

27  subject.

28         Section 48.  Section 17.25, Florida Statutes, is

29  amended to read:

30         17.25  May certify copies.--The Chief Financial Officer

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

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

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

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

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

  5         Section 49.  Subsections (1) and (3) of section 17.26,

  6  Florida Statutes, are amended to read:

  7         17.26  Cancellation of state warrants not presented

  8  within 1 year.--

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

10  the Chief Financial Officer against any fund in the State

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

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

13  Chief Financial Officer Comptroller may cancel the warrant and

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

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

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

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

18  Officer Treasurer shall not honor any state warrant after it

19  has been canceled.

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

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

22  federal contributions and disposition of the funds under

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

24  the Governor shall certify to the Chief Financial Officer

25  Comptroller that funds represented by such warrants are for

26  that reason exempt from treatment as unclaimed property.

27  Obligations represented by warrants are unenforceable after 1

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

29  originally issued.  An action may not be commenced thereafter

30  on the obligation unless authorized by the federal program

31  from which the original warrant was funded and unless payment

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

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

  3  subject to this paragraph requests payment, and payment from

  4  current federal funding is authorized by the federal program

  5  from which the original warrant was funded, the Chief

  6  Financial Officer Comptroller may, upon investigation, issue a

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

  8  Treasury, provided the payee or other person executes under

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

10  canceled warrant.

11         Section 50.  Subsections (1), (2), and (3) of section

12  17.27, Florida Statutes, are amended to read:

13         17.27  Microfilming and destroying records and

14  correspondence.--

15         (1)  The Department of Financial Services Banking and

16  Finance may destroy general correspondence files and also any

17  other records which the department may deem no longer

18  necessary to preserve in accordance with retention schedules

19  and destruction notices established under rules of the

20  Division of Library and Information Services, records and

21  information management program, of the Department of State.

22  Such schedules and notices relating to financial records of

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

24  General.

25         (2)  The Department of Financial Services Banking and

26  Finance may photograph, microphotograph, or reproduce on film

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

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

29  original.

30         (3)  The Department of Financial Services Banking and

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

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  1  been photographed and filed in accordance with the provisions

  2  of subsection (1).

  3         Section 51.  Section 17.28, Florida Statutes, is

  4  amended to read:

  5         17.28  Chief Financial Officer Comptroller may

  6  authorize biweekly salary payments.--The Chief Financial

  7  Officer Comptroller is authorized and may permit biweekly

  8  salary payments to personnel upon written request by a

  9  specific state agency. The Chief Financial Officer Comptroller

10  shall adopt promulgate reasonable rules and regulations to

11  carry out the intent of this section.

12         Section 52.  Section 17.29, Florida Statutes, is

13  amended to read:

14         17.29  Authority to prescribe rules.--The Chief

15  Financial Officer may Comptroller has authority to adopt rules

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

17  17.51-17.66 and duties assigned by statute or the State

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

19  the following:

20         (1)  Procedures or policies relating to the processing

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

22  other applicable appropriation.

23         (2)  Procedures for processing interagency and

24  intraagency payments which do not require the issuance of a

25  state warrant.

26         Section 53.  Section 17.30, Florida Statutes, is

27  amended to read:

28         17.30  Dissemination of information.--The Chief

29  Financial Officer Comptroller may disseminate, in any form or

30  manner he or she considers appropriate, information regarding

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

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  1         Section 54.  Section 17.32, Florida Statutes, is

  2  amended to read:

  3         17.32  Annual report of trust funds; duties of Chief

  4  Financial Officer Comptroller.--

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

  6  Officer Comptroller shall present to the President of the

  7  Senate and the Speaker of the House of Representatives a

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

  9  report shall contain the following data elements for each fund

10  for the preceding fiscal year:

11         (a)  The fund code.

12         (b)  The title.

13         (c)  The fund type according to generally accepted

14  accounting principles.

15         (d)  The statutory authority.

16         (e)  The beginning cash balance.

17         (f)  Direct revenues.

18         (g)  Nonoperating revenues.

19         (h)  Operating disbursements.

20         (i)  Nonoperating disbursements.

21         (j)  The ending cash balance.

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

23  is located.

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

25  received no revenues other than interest earnings or transfers

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

27  the preceding fiscal year.

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

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

30  the 2 preceding fiscal years.

31

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  1         Section 55.  Section 17.325, Florida Statutes, is

  2  amended to read:

  3         17.325  Governmental efficiency hotline; duties of

  4  Chief Financial Officer Comptroller.--

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

  6  Comptroller shall establish and operate a statewide toll-free

  7  telephone hotline to receive information or suggestions from

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

  9  government, increase governmental efficiency, and eliminate

10  waste in government. The Chief Financial Officer Comptroller

11  shall report each month to the Appropriations Committee of the

12  House of Representatives and of the Senate the information or

13  suggestions received through the hotline and the evaluations

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

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

16  suggestions.

17         (2)  The Chief Financial Officer Comptroller shall

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

19  Officer Comptroller shall advertise the availability of the

20  hotline in newspapers of general circulation in this state and

21  shall provide for the posting of notices in conspicuous places

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

23  places in which there is exposure to significant numbers of

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

25  convenience stores, shopping malls, shopping centers, gasoline

26  stations, or restaurants. The Chief Financial Officer

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

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

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

30  received by the office of the Chief Financial Officer

31  Comptroller, and the office of the Chief Financial Officer

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  1  Comptroller shall conduct an evaluation to determine if it is

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

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

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

  5  record of each suggestion or item of information received

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

  7  Officer Comptroller. A caller on the hotline may remain

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

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

10  she is a state employee, the Chief Financial Officer

11  Comptroller, in addition to maintaining a record as required

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

13  the caller to an existing state awards program administered by

14  the affected agency.  The affected agency shall conduct a

15  preliminary evaluation of the efficacy of any suggestion or

16  item of information received through the hotline and shall

17  provide the Chief Financial Officer Comptroller with a

18  preliminary determination of the amount of revenues the state

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

20  information.

21         (4)  Any person who provides any information through

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

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

24  employee of the state for providing such information or making

25  such suggestion.

26         (5)  The Chief Financial Officer Comptroller shall

27  adopt any rule necessary to implement the establishment,

28  operation, and advertisement of the hotline.

29         Section 56.  Section 17.41, Florida Statutes, is

30  amended to read:

31

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  1         17.41  Department of Financial Services Banking and

  2  Finance Tobacco Settlement Clearing Trust Fund.--

  3         (1)  The Department of Financial Services Banking and

  4  Finance Tobacco Settlement Clearing Trust Fund is created

  5  within that department.

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

  7  Clearing Trust Fund shall consist of payments received by the

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

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

10  from the settlement and deposited into the trust fund are

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

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

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

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

15  Settlement Financing Corporation created pursuant to s.

16  215.56005.  Any such sale shall be a true sale and not a

17  borrowing.

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

19  residual interest retained in the tobacco settlement agreement

20  or the payments to be made under the tobacco settlement

21  agreement shall be deposited into the Tobacco Settlement

22  Clearing Trust Fund.

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

24  agreement received by the state shall be immediately deposited

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

26  without deposit to the Tobacco Settlement Clearing Trust Fund.

27         (5)  The department shall disburse funds, by

28  nonoperating transfer, from the Tobacco Settlement Clearing

29  Trust Fund to the tobacco settlement trust funds of the

30  various agencies in amounts equal to the annual appropriations

31

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  1  made from those agencies' trust funds in the General

  2  Appropriations Act.

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

  4  III of the State Constitution, the Tobacco Settlement Clearing

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

  6  19(f)(2), Art. III of the State Constitution.

  7         Section 57.  Section 17.43, Florida Statutes, is

  8  amended to read:

  9         17.43  Chief Financial Officer's Comptroller's Federal

10  Equitable Sharing Trust Fund.--

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

12  Federal Equitable Sharing Trust Fund is created within the

13  Department of Financial Services Banking and Finance. The

14  department may deposit into the trust fund receipts and

15  revenues received as a result of federal criminal,

16  administrative, or civil forfeiture proceedings and receipts

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

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

19  215.20.

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

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

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

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

24  purposes of the trust fund.

25         Section 58.  Section 18.01, Florida Statutes, is

26  transferred, renumbered as section 17.51, Florida Statutes,

27  and amended to read:

28         17.51 18.01  Oath and certificate of Chief Financial

29  Officer Treasurer.--The Chief Financial Officer Treasurer

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

31  of office, take and subscribe an oath or affirmation

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

  2  affirmation must be deposited with the Department of State.

  3  The Chief Financial Officer Treasurer shall also file with the

  4  Department of State a certificate from the Comptroller

  5  attesting that the retiring Treasurer or Chief Financial

  6  Officer has turned over vouchers for all payments made as

  7  required by law, and that the Treasurer's account has been

  8  truly credited with the same, and that he or she has filed

  9  receipts from his or her successor for all vouchers paid since

10  the end of last quarter, and for balance of cash, and for all

11  bonds and other securities held by the Treasurer or Chief

12  Financial Officer as such, and a certificate from each board

13  of which he or she is made by law ex officio treasurer, that

14  he or she has satisfactorily accounted to such board as its

15  treasurer.

16         Section 59.  Section 18.02, Florida Statutes, is

17  transferred, renumbered as section 17.52, Florida Statutes,

18  and amended to read:

19         17.52 18.02  Moneys paid on warrants.--The Division of

20  Treasury Treasurer shall pay all warrants on the treasury

21  drawn by the Chief Financial Officer or Comptroller and other

22  orders by the Chief Financial Officer or Comptroller for the

23  disbursement of state funds by electronic means or by means of

24  a magnetic tape or any other transfer medium. No moneys shall

25  be paid out of the treasury except on such warrants or other

26  orders of the Chief Financial Officer or Comptroller.

27         Section 60.  Section 18.021, Florida Statutes, is

28  transferred, renumbered as section 17.53, Florida Statutes,

29  and amended to read:

30         17.53 18.021  Chief Financial Officer Treasurer to

31  operate personal check-cashing service.--

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  1         (1)  The Chief Financial Officer Treasurer is

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

  3  remote financial service unit at the capitol for the benefit

  4  of state employees or other responsible persons who properly

  5  identify themselves.

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

  7  warrant is forged and the Chief Financial Officer Treasurer

  8  has made diligent but unsuccessful effort to collect and has

  9  forwarded the returned check for prosecution by the

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

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

12  the next legislative session.

13         Section 61.  Section 18.05, Florida Statutes, is

14  transferred, renumbered as section 17.54, Florida Statutes,

15  and amended to read:

16         17.54 18.05  Annual report to Governor.--The Chief

17  Financial Officer Treasurer shall make a report in detail to

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

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

20  1st day of July of each year as it is practicable to prepare

21  same of the transactions of the Division of Treasury his or

22  her office for the preceding fiscal year, embracing a

23  statement of the receipts and payments on account of each of

24  the several funds of which he or she has the care and custody.

25         Section 62.  Section 18.06, Florida Statutes, is

26  transferred, renumbered as section 17.55, Florida Statutes,

27  and amended to read:

28         17.55 18.06  Examination by and monthly statements to

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

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

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

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

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

  3  Treasurer shall exhibit to the Governor monthly a trial

  4  balance sheet from the Division of Treasury his or her books

  5  and a statement of all the credits, moneys, or effects on hand

  6  on the day for which such said trial balance sheet is made,

  7  and such said statement accompanying such said trial balance

  8  sheet shall particularly describe the exact character of

  9  funds, credits, and securities, and shall state in detail the

10  amount which he or she may have representing cash, including

11  any not yet entered upon the books of his or her office, and

12  such statement shall be certified and signed by the Chief

13  Financial Officer Treasurer officially.

14         Section 63.  Section 18.08, Florida Statutes, is

15  transferred, renumbered as section 17.56, Florida Statutes,

16  and amended to read:

17         17.56 18.08  Division of Treasury Treasurer to turn

18  over to the Division of Accounting and Auditing Comptroller

19  all warrants paid.--The Division of Treasury Treasurer shall

20  turn over to the Division of Accounting and Auditing

21  Comptroller, through the data service center, all warrants

22  drawn by the Chief Financial Officer or the Comptroller and

23  paid by the Division of Treasury Treasurer.  The Said warrants

24  shall be turned over as soon as the Division of Treasury

25  Treasurer shall have recorded such warrants and charged the

26  same against the accounts upon which such warrants are drawn.

27         Section 64.  Section 18.10, Florida Statutes, is

28  transferred, renumbered as section 17.57, Florida Statutes,

29  and amended to read:

30         17.57 18.10  Deposits and investments of state money.--

31

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

  2  parties with the permission of the Chief Financial Officer

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

  4  in the State Treasury in such qualified public depositories of

  5  the state as will offer satisfactory collateral security for

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

  7  Chief Financial Officer Treasurer, consistent with the cash

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

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

10  realize maximum earnings and benefits.

11         (2)  The Chief Financial Officer Treasurer shall make

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

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

14  placed in qualified public depositories that will pay rates

15  established by the Chief Financial Officer Treasurer at levels

16  not less than the prevailing rate for United States Treasury

17  securities with a corresponding maturity. In the event money

18  is available for interest-bearing time deposits or savings

19  accounts as provided herein and qualified public depositories

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

21  established above, then such money which qualified public

22  depositories are unwilling to accept shall be invested in:

23         (a)  Direct United States Treasury obligations.

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

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

26  district banks.

27         (d)  Obligations of the Federal Home Loan Mortgage

28  Corporation, including participation certificates.

29         (e)  Obligations guaranteed by the Government National

30  Mortgage Association.

31

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  1         (f)  Obligations of the Federal National Mortgage

  2  Association.

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

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

  5  nationally recognized rating service.

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

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

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

  9  Federal Reserve System having total deposits of not less than

10  $400 million or which are accepted by a commercial bank which

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

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

13  government or the Federal Government, and whose senior debt

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

15  by a nationally recognized rating service and which are held

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

17  Reserve System.

18         (i)  Corporate obligations or corporate master notes of

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

20  obligations of such corporation are rated by at least two

21  nationally recognized rating services in any one of the four

22  highest classifications. However, if such obligations are

23  rated by only one nationally recognized rating service, then

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

25  classifications.

26         (j)  Obligations of the Student Loan Marketing

27  Association.

28         (k)  Obligations of the Resolution Funding Corporation.

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

30  highest credit quality.

31

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  1         (m)  Any obligations not previously listed which are

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

  3  credit of the United States Government or are obligations of

  4  United States agencies or instrumentalities which are rated in

  5  the highest category by a nationally recognized rating

  6  service.

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

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

  9  authorized in this subsection.

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

11  by the Securities and Exchange Commission.

12         (p)  Obligations of state and local governments rated

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

14  nationally recognized rating services. However, if such

15  obligations are rated by only one nationally recognized rating

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

17  two highest classifications.

18         (q)  Derivatives of investment instruments authorized

19  in paragraphs (a)-(m).

20         (r)  Covered put and call options on investment

21  instruments authorized in this subsection for the purpose of

22  hedging transactions by investment managers to mitigate risk

23  or to facilitate portfolio management.

24         (s)  Negotiable certificates of deposit issued by

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

26  the three highest categories by at least two nationally

27  recognized rating services, the investment in which shall not

28  be prohibited by any provision of chapter 280.

29         (t)  Foreign bonds denominated in United States dollars

30  and registered with the Securities and Exchange Commission for

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

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  1  such issuers are rated by at least two nationally recognized

  2  rating services in any one of the four highest

  3  classifications. However, if such obligations are rated by

  4  only one nationally recognized rating service, the obligations

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

  6         (u)  Convertible debt obligations of any corporation

  7  domiciled within the United States, if the convertible debt

  8  issue is rated by at least two nationally recognized rating

  9  services in any one of the four highest classifications.

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

11  recognized rating service, then the obligations shall be rated

12  in any one of the two highest classifications.

13         (v)  Securities not otherwise described in this

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

15  under the control of the Chief Financial Officer Treasurer

16  shall be invested in securities described in this paragraph.

17

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

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

20  may be under repurchase agreement. The Chief Financial Officer

21  may Treasurer is authorized to hire registered investment

22  advisers and other consultants to assist in investment

23  management and to pay fees directly from investment earnings.

24  Investment securities, proprietary investment services related

25  to contracts, performance evaluation services,

26  investment-related equipment or software used directly to

27  assist investment trading or investment accounting operations

28  including bond calculators, telerates, Bloombergs, special

29  program calculators, intercom systems, and software used in

30  accounting, communications, and trading, and advisory and

31

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  1  consulting contracts made under this section are exempt from

  2  the provisions of chapter 287.

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

  4  state do not make sufficient loan funds available for a

  5  residential conservation program pursuant to any plan approved

  6  by the Florida Public Service Commission under the Florida

  7  Energy Efficiency and Conservation Act, the board may

  8  authorize the investment of state funds, except retirement

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

10  prevailing United States Treasury bill rates. However, prior

11  to investment of such funds, the Florida Public Service

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

13  Legislature before implementation.

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

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

16  except that earnings attributable to moneys made available

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

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

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

20  officer, including an officer of any municipal or state

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

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

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

24  and loan association from being a depository of funds coming

25  under the jurisdiction of any such municipal officer or state

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

27  state office that the governing body of such municipality or

28  state agency has investigated and determined that such

29  municipal or state officer is not favoring such banks or

30  savings and loan associations over other qualified banks or

31  savings and loan associations.

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  1         (6)  The Chief Financial Officer Treasurer is

  2  designated the cash management officer for the state and is

  3  charged with the coordination and supervision of procedures

  4  providing for the efficient handling of financial assets under

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

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

  7  216.011. This responsibility shall include the supervision and

  8  approval of all banking relationships.  Pursuant to this

  9  responsibility, the Chief Financial Officer may Treasurer is

10  authorized to obtain information from financial institutions

11  regarding depository accounts maintained by any agency or

12  institution of the State of Florida.

13         Section 65.  Section 18.101, Florida Statutes, is

14  transferred, renumbered as section 17.58, Florida Statutes,

15  and amended to read:

16         17.58 18.101  Deposits of public money outside the

17  State Treasury; revolving funds.--

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

19  bureaus, commissions, institutions, and departments shall,

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

21  Treasury. However, when the volume and complexity of

22  collections so justify, the Chief Financial Officer Treasurer

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

24  clearing accounts outside the State Treasury in qualified

25  public depositories pursuant to chapter 280. Such deposits

26  shall only be made in depositories designated by the Chief

27  Financial Officer Treasurer. No money may be maintained in

28  such clearing accounts for a period longer than approved by

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

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

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

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  1  distributed to a statutorily authorized account outside the

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

  3  Revenue. All depositories so designated shall pledge

  4  sufficient collateral to be security for such funds as

  5  provided in chapter 280.

  6         (2)  Revolving funds authorized by the Chief Financial

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

  8  commissions, institutions, and departments may be deposited by

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

10  departments in qualified public depositories designated by the

11  Chief Financial Officer Treasurer for such revolving fund

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

13  shall pledge collateral security as provided in chapter 280.

14         (3)  Notwithstanding the foregoing provisions, clearing

15  and revolving accounts may be established outside the state

16  when necessary to facilitate the authorized operations of any

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

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

19  subject to the collateral security requirements of chapter

20  280. Accounts established outside the United States may be

21  exempted from the requirements of chapter 280 as provided in

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

23  the agency requesting or maintaining the account shall

24  recommend a financial institution to the Chief Financial

25  Officer Treasurer for designation to hold the account and

26  shall submit evidence of the financial condition, size,

27  reputation, and relative prominence of the institution from

28  which the Chief Financial Officer Treasurer can reasonably

29  conclude that the institution is financially sound before

30  designating it to hold the account.

31

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

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

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

  4  each clearing account and revolving fund within that

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

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

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

  8  clearing account that will eventually be deposited to the

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

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

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

12  Chief Financial Officer Treasurer by various departments, in

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

14  17.55 s. 18.06.

15         Section 66.  Section 18.103, Florida Statutes, is

16  transferred, renumbered as section 17.59, Florida Statutes,

17  and amended to read:

18         17.59 18.103  Safekeeping services of Treasurer.--

19         (1)  The Chief Financial Officer Treasurer may accept

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

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

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

23  subdivision thereof, or other public authority.

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

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

26  and safekeeping deposits and other documents or articles of

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

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

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

30  financial institutions for processing, servicing, and

31

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  1  safekeeping the same types of deposits and other documents or

  2  articles of value.

  3         (3)  The Chief Financial Officer Treasurer shall

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

  5  Chief Financial Officer Treasurer in advance, the

  6  miscellaneous charges as follows:

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

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

  9         (b)  For each certificate of the Chief Financial

10  Officer Treasurer, certified or under the Chief Financial

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

12  other instrument........................................$5.00.

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

14  this section shall be deposited in the Treasury Treasurer's

15  Administrative and Investment Trust Fund.

16         Section 67.  Section 18.104, Florida Statutes, is

17  transferred, renumbered as section 17.60, Florida Statutes,

18  and amended to read:

19         17.60 18.104  Treasury Cash Deposit Trust Fund.--

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

21  Treasury Cash Deposit Trust Fund.  Cash deposits made pursuant

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

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

24  shall be prorated and paid to the depositing entities.

25         Section 68.  Section 18.125, Florida Statutes, is

26  transferred, renumbered as section 17.61, Florida Statutes,

27  and amended to read:

28         17.61 18.125  Chief Financial Officer Treasurer; powers

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

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

31  the approval of a majority of the State Board of

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  1  Administration, shall invest all general revenue funds and all

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

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

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

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

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

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

  8  for this purpose, the Chief Financial Officer may Treasurer

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

10  and safekeeping accounts in any bank or savings association

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

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

13  in such accounts used solely for investments and reinvestments

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

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

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

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

18  18.10 may be loaned to securities dealers and banks and may be

19  registered by the Chief Financial Officer Treasurer in the

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

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

22  States government securities having a market value of at least

23  100 percent of the market value of the securities loaned. The

24  Chief Financial Officer Treasurer shall keep a separate

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

26  Individual transactions and totals of all investments, or the

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

28  accounts.

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

30  constitutional board, the judicial branch, or agency now

31  having the constitutional power to make investments and in

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  1  accordance with this section, the Chief Financial Officer may

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

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

  4  any such board.

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

  6  judicial branch, now or hereafter charged with the

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

  8  make such moneys available for investment as fully as is

  9  consistent with the cash requirements of the particular fund

10  and to authorize investment of such moneys by the Chief

11  Financial Officer Treasurer.

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

13  such agency or judicial branch shall notify the Chief

14  Financial Officer Treasurer of the amount available for

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

16  Financial Officer Treasurer.  Such notification shall include

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

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

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

20  however, shall not be construed to make available for

21  investment any funds other than those referred to in

22  subsection (1).

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

24  the Treasury Treasurer's Administrative and Investment Trust

25  Fund.

26         (b)  The Chief Financial Officer Treasurer shall make

27  an annual assessment of 0.12 percent against the average daily

28  balance of those moneys made available pursuant to this

29  section and 0.2 percent against the average daily balance of

30  those funds requiring investment in a separate account. The

31

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  1  proceeds of this assessment shall be deposited in the Treasury

  2  Treasurer's Administrative and Investment Trust Fund.

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

  4  shall be used by the Chief Financial Officer Treasurer to

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

  6  the administrative and investment powers and duties prescribed

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

  8  an office and necessary supplies therefor, essential equipment

  9  and other materials, salaries and expenses of required

10  personnel, and all other legitimate expenses relating to the

11  administrative and investment powers and duties imposed upon

12  and charged to the Chief Financial Officer Treasurer under

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

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

15  $750,000. Any funds in excess of this amount shall be

16  transferred unallocated to the General Revenue Fund. However,

17  fees received from deferred compensation participants pursuant

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

19  Fund and shall be used to operate the deferred compensation

20  program.

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

22  responsibilities of existing state agencies and of the

23  judicial branch made by this section to the Chief Financial

24  Officer Treasurer shall include only the particular powers,

25  duties, and responsibilities hereby transferred, and all other

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

27         Section 69.  Section 18.15, Florida Statutes, is

28  transferred, renumbered as section 17.62, Florida Statutes,

29  and amended to read:

30         17.62 18.15  Interest on state moneys deposited; when

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

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

  2  Chief Financial Officer Treasurer quarterly or semiannually.

  3         Section 70.  Section 18.17, Florida Statutes, is

  4  transferred, renumbered as section 17.63, Florida Statutes,

  5  and amended to read:

  6         17.63 18.17  Chief Financial Officer Treasurer not to

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

  8  Chief Financial Officer Treasurer of this state to issue any

  9  treasury certificates, or any other evidences of indebtedness,

10  for any purpose whatever, and the Chief Financial Officer

11  Treasurer is prohibited from issuing the same.

12         Section 71.  Section 18.20, Florida Statutes, is

13  transferred, renumbered as section 17.64, Florida Statutes,

14  and amended to read:

15         17.64 18.20  Chief Financial Officer Treasurer to make

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

17         (1)  All vouchers or checks heretofore or hereafter

18  drawn by appropriate court officials of the several counties

19  of the state against money deposited with the Treasurer under

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

21  photographed, microphotographed, or reproduced on film by the

22  Treasurer. Such photographic film shall be durable material

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

24  or checks shall be one which accurately reproduces the

25  originals thereof in all detail; and such photographs,

26  microphotographs, or reproductions on film shall be placed in

27  conveniently accessible and identified files and shall be

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

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

30  been so photographed, microphotographed, or reproduced on

31  film, and the photographs, microphotographs, or reproductions

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

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

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

  4  or checks to the offices of the respective county officials

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

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

  7  a part of the permanent records of such offices.

  8         (1)(2)  Such Photographs, microphotographs, or

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

10  checks shall be deemed to be original records for all

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

12  original film, duly certified by the Chief Financial Officer

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

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

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

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

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

18  force and effect as the original thereof might be.

19         (2)(3)  The Chief Financial Officer Treasurer is also

20  hereby authorized to photograph, microphotograph, or reproduce

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

22  Chief Financial Officer Treasurer may, in his or her

23  discretion, selects select; and the Chief Financial Officer

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

25  said documents or records after they have been photographed

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

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

28  the dates of such said documents and records.

29         (3)(4)  Photographs or microphotographs in the form of

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

31  provisions of this section shall have the same force and

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

  2  treated as originals for the purpose of their admissibility in

  3  evidence. Duly certified or authenticated reproductions of

  4  such photographs or microphotographs shall be admitted in

  5  evidence equally with the original photographs or

  6  microphotographs.

  7         Section 72.  Section 18.23, Florida Statutes, is

  8  transferred, renumbered as section 17.65, Florida Statutes,

  9  and amended to read:

10         17.65 18.23  Chief Financial Officer Treasurer to

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

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

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

14  papers furnished the Chief Financial Officer Treasurer by the

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

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

17         Section 73.  Section 18.24, Florida Statutes, is

18  transferred, renumbered as section 17.66, Florida Statutes,

19  and amended to read:

20         17.66 18.24  Securities in book-entry form.--Any

21  security which:

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

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

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

25  clearing system established to hold and transfer securities by

26  computerized book-entry systems; and which

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

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

29  the State Insurance Commissioner; or

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

31  State Treasurer, or to the State Insurance Commissioner;

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  1

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

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

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

  5         Section 74.  Subsection (3) of section 20.04, Florida

  6  Statutes, is amended to read:

  7         20.04  Structure of executive branch.--The executive

  8  branch of state government is structured as follows:

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

10  except for the Department of Financial Services Banking and

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

12  Department of Corrections, the Department of Management

13  Services, the Department of Revenue, and the Department of

14  Transportation, must adhere to the following standard terms:

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

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

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

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

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

20  Each section is headed by an "administrator."

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

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

23  "supervisors."

24         Section 75.  Paragraph (h) of subsection (5) of section

25  20.055, Florida Statutes, is amended to read:

26         20.055  Agency inspectors general.--

27         (5)  In carrying out the auditing duties and

28  responsibilities of this act, each inspector general shall

29  review and evaluate internal controls necessary to ensure the

30  fiscal accountability of the state agency. The inspector

31  general shall conduct financial, compliance, electronic data

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  1  processing, and performance audits of the agency and prepare

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

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

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

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

  6  organizational unit. The performance of the audit shall be

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

  8  the inspector general does not possess the qualifications

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

10  perform the functions listed in this subsection.

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

12  annual audit plans based on the findings of periodic risk

13  assessments. The plan, where appropriate, should include

14  postaudit samplings of payments and accounts. The plan shall

15  show the individual audits to be conducted during each year

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

17  The Chief Financial Officer Comptroller, to assist in

18  fulfilling the responsibilities for examining, auditing, and

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

20  17.03(1), and examining, auditing, adjusting, and settling

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

22  the inspectors general and internal auditors. For state

23  agencies under the Governor, the audit plans shall be

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

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

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

27         Section 76.  Section 20.195, Florida Statutes, is

28  amended to read:

29         20.195  Department of Children and Family Services

30  Tobacco Settlement Trust Fund.--

31

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  1         (1)  The Department of Children and Family Services

  2  Tobacco Settlement Trust Fund is created within that

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

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

  5  Department of Financial Services Banking and Finance Tobacco

  6  Settlement Clearing Trust Fund in amounts equal to the annual

  7  appropriations made from this trust fund.

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

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

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

11  remaining undisbursed on December 31 of the same calendar year

12  shall revert to the Department of Financial Services Banking

13  and Finance Tobacco Settlement Clearing Trust Fund.

14         Section 77.  Section 20.425, Florida Statutes, is

15  amended to read:

16         20.425  Agency for Health Care Administration Tobacco

17  Settlement Trust Fund.--

18         (1)  The Agency for Health Care Administration Tobacco

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

20  be credited to the trust fund shall consist of funds

21  disbursed, by nonoperating transfer, from the Department of

22  Financial Services Banking and Finance Tobacco Settlement

23  Clearing Trust Fund in amounts equal to the annual

24  appropriations made from this trust fund.

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

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

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

28  remaining undisbursed on December 31 of the same calendar year

29  shall revert to the Department of Financial Services Banking

30  and Finance Tobacco Settlement Clearing Trust Fund.

31

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  1         Section 78.  Paragraph (g) of subsection (1) of section

  2  20.435, Florida Statutes, is amended to read:

  3         20.435  Department of Health; trust funds.--

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

  5  be administered by the Department of Health:

  6         (g)  Department of Health Tobacco Settlement Trust

  7  Fund.

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

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

10  Department of Financial Services Banking and Finance Tobacco

11  Settlement Clearing Trust Fund in amounts equal to the annual

12  appropriations made from this trust fund.

13         2.  Notwithstanding the provisions of s. 216.301 and

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

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

16  remaining undisbursed on December 31 of the same calendar year

17  shall revert to the Department of Financial Services Banking

18  and Finance Tobacco Settlement Clearing Trust Fund.

19         Section 79.  Subsection (4) of section 24.105, Florida

20  Statutes, is amended to read:

21         24.105  Powers and duties of department.--The

22  department shall:

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

24  the Chief Financial Officer Treasurer, the President of the

25  Senate, and the Speaker of the House of Representatives

26  disclosing the total lottery revenues, prize disbursements,

27  and other expenses of the department during the preceding

28  month.  The annual report shall additionally describe the

29  organizational structure of the department, including its

30  hierarchical structure, and shall identify the divisions and

31

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  1  bureaus created by the secretary and summarize the

  2  departmental functions performed by each.

  3         Section 80.  Subsection (5) of section 24.111, Florida

  4  Statutes, is amended to read:

  5         24.111  Vendors; disclosure and contract

  6  requirements.--

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

  8  $25,000, and any other vendor if the department deems it

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

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

11  an appropriate bond with the department in an amount

12  determined by the department to be adequate to protect the

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

14  estimated to be paid annually to the vendor under the

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

16  faithful performance of its obligations, file with the

17  department an irrevocable letter of credit acceptable to the

18  department in an amount determined by the department to be

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

20  maintain with the Chief Financial Officer Treasurer securities

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

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

23  rated in one of the four highest classifications by an

24  established nationally recognized investment rating service.

25  Securities eligible under this subsection shall be limited to:

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

27  savings associations organized and existing under the laws of

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

29  their principal place of business in this state.

30

31

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

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

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

  4         (c)  General obligation bonds and notes of any

  5  political subdivision of the state.

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

  7  affiliate or subsidiary of the depositor.

  8

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

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

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

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

13  amount estimated to be paid annually to the vendor under

14  contract.

15         Section 81.  Paragraph (b) of subsection (9) of section

16  24.112, Florida Statutes, is amended to read:

17         24.112  Retailers of lottery tickets.--

18         (9)

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

20  blanket bonds covering all or selected retailers or may allow

21  a retailer to deposit and maintain with the Chief Financial

22  Officer Treasurer securities that are interest bearing or

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

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

25  classifications by an established nationally recognized

26  investment rating service.  Securities eligible under this

27  paragraph shall be limited to:

28         1.  Certificates of deposit issued by solvent banks or

29  savings associations organized and existing under the laws of

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

31  their principal place of business in this state.

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

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

  3  is pledged for the payment of principal and interest.

  4         3.  General obligation bonds and notes of any political

  5  subdivision of the state.

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

  7  affiliate or subsidiary of the depositor.

  8

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

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

11  the department.

12         Section 82.  Subsections (3) and (4) of section 24.120,

13  Florida Statutes, are amended to read:

14         24.120  Financial matters; Administrative Trust Fund;

15  interagency cooperation.--

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

17  Chief Financial Officer State Treasurer or the Comptroller

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

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

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

21  deemed to be approved. The department shall reimburse the

22  Chief Financial Officer State Treasurer or the Comptroller for

23  any additional costs involved in providing the level of

24  service required by this subsection.

25         (4)  The department shall cooperate with the Chief

26  Financial Officer State Treasurer, the Comptroller, the

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

28  Government Accountability by giving employees designated by

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

30  purpose of efficient compliance with their respective

31  responsibilities.

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  1         Section 83.  Subsection (5) of section 25.241, Florida

  2  Statutes, is amended to read:

  3         25.241  Clerk of Supreme Court; compensation;

  4  assistants; filing fees, etc.--

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

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

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

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

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

10  credit of the General Revenue Fund.

11         Section 84.  Section 26.39, Florida Statutes, is

12  amended to read:

13         26.39  Penalty for nonattendance of judge.--Whenever

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

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

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

17  her official signature and seal, to the Chief Financial

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

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

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

21  for every such default.

22         Section 85.  Section 27.08, Florida Statutes, is

23  amended to read:

24         27.08  State claims; surrender of papers to

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

26  state attorney, the state attorney going out of office shall

27  deliver to his or her successor a statement of all cases for

28  the collection of money in favor of the state under his or her

29  control and the papers connected with the same, and take his

30  or her receipt for the same, which receipt, when filed with

31  the Department of Financial Services Banking and Finance,

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  1  shall release such state attorney from any further liability

  2  to the state upon the claims receipted for; and the state

  3  attorney receiving the claims shall be liable in all respects

  4  for the same, as provided against state attorneys in s. 17.20.

  5         Section 86.  Section 27.10, Florida Statutes, is

  6  amended to read:

  7         27.10  Obligation as to claims; how discharged.--The

  8  charges mentioned in s. 17.20 shall be evidence of

  9  indebtedness on the part of any state attorney against whom

10  any charge is made for the full amount of such claim to the

11  state until the same shall be collected and paid into the

12  treasury or sued to insolvency, which fact of insolvency shall

13  be certified by the circuit judge of his or her circuit,

14  unless the said state attorney makes shall make it fully

15  appear to the Department of Financial Services Banking and

16  Finance that the failure to collect the same did not result

17  from his or her neglect.

18         Section 87.  Section 27.11, Florida Statutes, is

19  amended to read:

20         27.11  Report upon claims committed to state

21  attorney.--The state attorney shall make a report to the Chief

22  Financial Officer Comptroller on the first Monday in January

23  and July in each and every year of the condition of all claims

24  placed in his or her hands or which the state attorney may

25  have been required to prosecute and collect, whether the same

26  is in suit or in judgment, or collected, and the probable

27  solvency or insolvency of claims not collected, and shall at

28  the same time pay over all moneys which he or she may have

29  collected belonging to the state; and the Chief Financial

30  Officer Comptroller shall not audit or allow any claim which

31

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  1  any state attorney may have against the state for services

  2  until he or she makes the report herein required.

  3         Section 88.  Subsection (1) of section 27.12, Florida

  4  Statutes, is amended to read:

  5         27.12  Power to compromise.--

  6         (1)  The state attorney may, with the approval of the

  7  Department of Financial Services Banking and Finance,

  8  compromise and settle all judgments, claims, and demands in

  9  favor of the state in his or her circuit against defaulting

10  collectors of revenue, sheriffs and other officers, and the

11  sureties on their bonds, on such terms as the state attorney

12  may deem equitable and proper.

13         Section 89.  Section 27.13, Florida Statutes, is

14  amended to read:

15         27.13  Completion of compromise.--The state attorney

16  shall, on agreeing to any compromise or settlement, report the

17  same to the Department of Financial Services Banking and

18  Finance for its approval; and, on its approving such

19  compromise or settlement, the said state attorney, on a

20  compliance with the terms of such compromise or settlement

21  shall give a receipt to the collector of revenue, sheriff or

22  other officer, or the sureties on their bonds, or to the legal

23  representatives, which receipt shall be a discharge from all

24  judgments, claims or demands of the state against such

25  collector of revenue or other officer, or the sureties on

26  their bonds.

27         Section 90.  Subsection (4) of section 27.34, Florida

28  Statutes, is amended to read:

29         27.34  Salaries and other related costs of state

30  attorneys' offices; limitations.--

31

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  1         (4)  Notwithstanding s. 27.25, the Chief Financial

  2  Officer Insurance Commissioner may contract with the state

  3  attorney of any judicial circuit of the state for the

  4  prosecution of criminal violations of the Workers'

  5  Compensation Law and related crimes and may contribute funds

  6  for such purposes. Such contracts may provide for the

  7  training, salary, and expenses of one or more assistant state

  8  attorneys used in the prosecution of such crimes.

  9         Section 91.  Section 27.3455, Florida Statutes, is

10  amended to read:

11         27.3455  Annual statement of certain revenues and

12  expenditures.--

13         (1)  Each county shall submit annually to the Chief

14  Financial Officer Comptroller a statement of revenues and

15  expenditures as set forth in this section in the form and

16  manner prescribed by the Chief Financial Officer Comptroller

17  in consultation with the Legislative Committee on

18  Intergovernmental Relations, provided that such statement

19  identify total county expenditures on:

20         (a)  Medical examiner services.

21         (b)  County victim witness programs.

22         (c)  Each of the services outlined in ss. 27.34(2) and

23  27.54(3).

24         (d)  Appellate filing fees in criminal cases in which

25  an indigent defendant appeals a judgment of a county or

26  circuit court to a district court of appeal or the Florida

27  Supreme Court.

28         (e)  Other court-related costs of the state attorney

29  and public defender that were paid by the county where such

30  costs were included in a judgment or order rendered by the

31  trial court against the county.

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  1

  2  Such statement also shall identify the revenues provided by s.

  3  938.05(1) that were used to meet or reimburse the county for

  4  such expenditures.

  5         (2)(a)  Within 6 months of the close of the local

  6  government fiscal year, each county shall submit to the Chief

  7  Financial Officer Comptroller a statement of compliance from

  8  its independent certified public accountant, engaged pursuant

  9  to s. 218.39, that the certified statement of expenditures was

10  in accordance with ss. 27.34(2), 27.54(3), and this section.

11  All discrepancies noted by the independent certified public

12  accountant shall be included in the statement furnished by the

13  county to the Chief Financial Officer Comptroller.

14         (b)  If Should the Chief Financial Officer determines

15  Comptroller determine that additional auditing procedures are

16  appropriate because:

17         1.  The county failed to submit timely its annual

18  statement;

19         2.  Discrepancies were noted by the independent

20  certified public accountant; or

21         3.  The county failed to file before March 31 of each

22  year the certified public accountant statement of compliance,

23  the Chief Financial Officer may Comptroller is hereby

24  authorized to send his or her personnel or to contract for

25  services to bring the county into compliance.  The costs

26  incurred by the Chief Financial Officer Comptroller shall be

27  paid promptly by the county upon certification by the Chief

28  Financial Officer Comptroller.

29         (c)  Where the Chief Financial Officer Comptroller

30  elects to utilize the services of an independent contractor,

31  such certification by the Chief Financial Officer Comptroller

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  1  may require the county to make direct payment to a contractor.

  2  Any funds owed by a county in such matters shall be recovered

  3  pursuant to s. 17.04 or s. 17.041.

  4         (3)  The priority for the allocation of funds collected

  5  pursuant to s. 938.05(1) shall be as follows:

  6         (a)  Reimbursement to the county for actual county

  7  expenditures incurred in providing the state attorney and

  8  public defender the services outlined in ss. 27.34(2) and

  9  27.54(3), with the exception of office space, utilities, and

10  custodial services.

11         (b)  At the close of the local government fiscal year,

12  funds remaining on deposit in the special trust fund of the

13  county after reimbursements have been made pursuant to

14  paragraph (a) shall be reimbursed to the county for actual

15  county expenditures made in support of the operations and

16  services of medical examiners, including the costs associated

17  with the investigation of state prison inmate deaths. Special

18  county trust fund revenues used to reimburse the county for

19  medical examiner expenditures in any year shall not exceed $1

20  per county resident.

21         (c)  At the close of the local government fiscal year,

22  counties establishing or having in existence a comprehensive

23  victim-witness program which meets the standards set by the

24  Crime Victims' Services Office shall be eligible to receive 50

25  percent matching moneys from the balance remaining in the

26  special trust fund after reimbursements have been made

27  pursuant to paragraphs (a) and (b).  Special trust fund moneys

28  used in any year to supplement such programs shall not exceed

29  25 cents per county resident.

30         (d)  At the close of the local government fiscal year,

31  funds remaining in the special trust fund after reimbursements

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  1  have been made pursuant to paragraphs (a), (b), and (c) shall

  2  be used to reimburse the county for county costs incurred in

  3  the provision of office space, utilities, and custodial

  4  services to the state attorney and public defender, for county

  5  expenditures on appellate filing fees in criminal cases in

  6  which an indigent defendant appeals a judgment of a county or

  7  circuit court to a district court of appeal or the Florida

  8  Supreme Court, and for county expenditures on court-related

  9  costs of the state attorney and public defender that were paid

10  by the county, provided that such court-related costs were

11  included in a judgment or order rendered by the trial court

12  against the county.  Where a state attorney or a public

13  defender is provided space in a county-owned facility,

14  responsibility for calculating county costs associated with

15  the provision of such office space, utilities, and custodial

16  services is hereby vested in the Chief Financial Officer

17  Comptroller in consultation with the Legislative Committee on

18  Intergovernmental Relations.

19         (4)  At the end of the local government fiscal year,

20  all funds remaining on deposit in the special trust fund after

21  all reimbursements have been made as provided for in

22  subsection (3) shall be forwarded to the Chief Financial

23  Officer Treasurer for deposit in the General Revenue Fund of

24  the state.

25         (5)  The Chief Financial Officer Comptroller shall

26  adopt any rules necessary to implement his or her

27  responsibilities pursuant to this section.

28         Section 92.  Subsection (2) of section 27.703, Florida

29  Statutes, is amended to read:

30         27.703  Conflict of interest and substitute counsel.--

31

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  1         (2)  Appointed counsel shall be paid from funds

  2  appropriated to the Chief Financial Officer Comptroller. The

  3  hourly rate may not exceed $100. However, effective July 1,

  4  1999, all appointments of private counsel under this section

  5  shall be in accordance with ss. 27.710 and 27.711.

  6         Section 93.  Subsection (4) of section 27.710, Florida

  7  Statutes, is amended to read:

  8         27.710  Registry of attorneys applying to represent

  9  persons in postconviction capital collateral proceedings;

10  certification of minimum requirements; appointment by trial

11  court.--

12         (4)  Each private attorney who is appointed by the

13  court to represent a capital defendant must enter into a

14  contract with the Chief Financial Officer Comptroller. If the

15  appointed attorney fails to execute the contract within 30

16  days after the date the contract is mailed to the attorney,

17  the executive director of the Commission on Capital Cases

18  shall notify the trial court. The Chief Financial Officer

19  Comptroller shall develop the form of the contract, function

20  as contract manager, and enforce performance of the terms and

21  conditions of the contract. By signing such contract, the

22  attorney certifies that he or she intends to continue the

23  representation under the terms and conditions set forth in the

24  contract until the sentence is reversed, reduced, or carried

25  out or until released by order of the trial court.

26         Section 94.  Subsections (3), (4), (5), (6), (7), and

27  (13) of section 27.711, Florida Statutes, are amended to read:

28         27.711  Terms and conditions of appointment of

29  attorneys as counsel in postconviction capital collateral

30  proceedings.--

31

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  1         (3)  An attorney appointed to represent a capital

  2  defendant is entitled to payment of the fees set forth in this

  3  section only upon full performance by the attorney of the

  4  duties specified in this section and approval of payment by

  5  the trial court, and the submission of a payment request by

  6  the attorney, subject to the availability of sufficient

  7  funding specifically appropriated for this purpose.  The Chief

  8  Financial Officer Comptroller shall notify the executive

  9  director and the court if it appears that sufficient funding

10  has not been specifically appropriated for this purpose to pay

11  any fees which may be incurred. The attorney shall maintain

12  appropriate documentation, including a current and detailed

13  hourly accounting of time spent representing the capital

14  defendant. The fee and payment schedule in this section is the

15  exclusive means of compensating a court-appointed attorney who

16  represents a capital defendant. When appropriate, a

17  court-appointed attorney must seek further compensation from

18  the Federal Government, as provided in 18 U.S.C. s. 3006A or

19  other federal law, in habeas corpus litigation in the federal

20  courts.

21         (4)  Upon approval by the trial court, an attorney

22  appointed to represent a capital defendant under s. 27.710 is

23  entitled to payment of the following fees by the Chief

24  Financial Officer Comptroller:

25         (a)  Regardless of the stage of postconviction capital

26  collateral proceedings, the attorney is entitled to $100 per

27  hour, up to a maximum of $2,500, after accepting appointment

28  and filing a notice of appearance.

29         (b)  The attorney is entitled to $100 per hour, up to a

30  maximum of $20,000, after timely filing in the trial court the

31  capital defendant's complete original motion for

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  1  postconviction relief under the Florida Rules of Criminal

  2  Procedure. The motion must raise all issues to be addressed by

  3  the trial court. However, an attorney is entitled to fees

  4  under this paragraph if the court schedules a hearing on a

  5  matter that makes the filing of the original motion for

  6  postconviction relief unnecessary or if the court otherwise

  7  disposes of the case.

  8         (c)  The attorney is entitled to $100 per hour, up to a

  9  maximum of $20,000, after the trial court issues a final order

10  granting or denying the capital defendant's motion for

11  postconviction relief.

12         (d)  The attorney is entitled to $100 per hour, up to a

13  maximum of $20,000, after timely filing in the Supreme Court

14  the capital defendant's brief or briefs that address the trial

15  court's final order granting or denying the capital

16  defendant's motion for postconviction relief and the state

17  petition for writ of habeas corpus.

18         (e)  The attorney is entitled to $100 per hour, up to a

19  maximum of $10,000, after the trial court issues an order,

20  pursuant to a remand from the Supreme Court, which directs the

21  trial court to hold further proceedings on the capital

22  defendant's motion for postconviction relief.

23         (f)  The attorney is entitled to $100 per hour, up to a

24  maximum of $4,000, after the appeal of the trial court's

25  denial of the capital defendant's motion for postconviction

26  relief and the capital defendant's state petition for writ of

27  habeas corpus become final in the Supreme Court.

28         (g)  At the conclusion of the capital defendant's

29  postconviction capital collateral proceedings in state court,

30  the attorney is entitled to $100 per hour, up to a maximum of

31

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  1  $2,500, after filing a petition for writ of certiorari in the

  2  Supreme Court of the United States.

  3         (h)  If, at any time, the Supreme Court of the United

  4  States accepts for review the capital defendant's collateral

  5  challenge of the conviction and sentence of death, the

  6  attorney is entitled to $100 per hour, up to a maximum of

  7  $5,000. This payment shall be full compensation for

  8  representing the capital defendant throughout the certiorari

  9  proceedings before the United States Supreme Court.

10

11  The hours billed by a contracting attorney under this

12  subsection may include time devoted to representation of the

13  defendant by another attorney who is qualified under s. 27.710

14  and who has been designated by the contracting attorney to

15  assist him or her.

16         (5)  An attorney who represents a capital defendant may

17  use the services of one or more investigators to assist in

18  representing a capital defendant. Upon approval by the trial

19  court, the attorney is entitled to payment from the Chief

20  Financial Officer Comptroller of $40 per hour, up to a maximum

21  of $15,000, for the purpose of paying for investigative

22  services.

23         (6)  An attorney who represents a capital defendant is

24  entitled to a maximum of $15,000 for miscellaneous expenses,

25  such as the costs of preparing transcripts, compensating

26  expert witnesses, and copying documents. Upon approval by the

27  trial court, the attorney is entitled to payment by the Chief

28  Financial Officer Comptroller of up to $15,000 for

29  miscellaneous expenses, except that, if the trial court finds

30  that extraordinary circumstances exist, the attorney is

31  entitled to payment in excess of $15,000.

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  1         (7)  An attorney who is actively representing a capital

  2  defendant is entitled to a maximum of $500 per fiscal year for

  3  tuition and expenses for continuing legal education that

  4  pertains to the representation of capital defendants. Upon

  5  approval by the trial court, the attorney is entitled to

  6  payment by the Chief Financial Officer Comptroller for

  7  expenses for such tuition and continuing legal education.

  8         (13)  Prior to the filing of a motion for order

  9  approving payment of attorney's fees, costs, or related

10  expenses, the assigned counsel shall deliver a copy of his

11  intended billing, together with supporting affidavits and all

12  other necessary documentation, to the Chief Financial

13  Officer's Comptroller's named contract manager. The contract

14  manager shall have 10 business days from receipt to review the

15  billings, affidavit, and documentation for completeness and

16  compliance with contractual and statutory requirements. If the

17  contract manager objects to any portion of the proposed

18  billing, the objection and reasons therefor shall be

19  communicated to the assigned counsel. The assigned counsel may

20  thereafter file his or her motion for order approving payment

21  of attorney's fees, costs, or related expenses together with

22  supporting affidavits and all other necessary documentation.

23  The motion must specify whether the Chief Financial Officer's

24  Comptroller's contract manager objects to any portion of the

25  billing or the sufficiency of documentation and, if so, the

26  reason therefor. A copy of the motion and attachments shall be

27  served on the Chief Financial Officer's Comptroller's contract

28  manager, who shall have standing to file pleadings and appear

29  before the court to contest any motion for order approving

30  payment. The fact that the Chief Financial Officer's

31  Comptroller's contract manager has not objected to any portion

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  1  of the billing or to the sufficiency of the documentation is

  2  not binding on the court, which retains primary authority and

  3  responsibility for determining the reasonableness of all

  4  billings for fees, costs, and related expenses, subject to

  5  statutory limitations.

  6         Section 95.  Section 28.235, Florida Statutes, is

  7  amended to read:

  8         28.235  Advance payments by clerk of circuit

  9  court.--The clerk of the circuit court is authorized to make

10  advance payments on behalf of the county for goods and

11  services, including, but not limited to, maintenance

12  agreements and subscriptions, pursuant to rules or procedures

13  adopted by the Chief Financial Officer Comptroller for advance

14  payments of invoices submitted to agencies of the state.

15         Section 96.  Subsections (7) and (23) of section 28.24,

16  Florida Statutes, are amended to read:

17         28.24  Service charges by clerk of the circuit

18  court.--The clerk of the circuit court shall make the

19  following charges for services rendered by the clerk's office

20  in recording documents and instruments and in performing the

21  duties enumerated. However, in those counties where the

22  clerk's office operates as a fiscal unit of the county

23  pursuant to s. 145.022(1), the clerk shall not charge the

24  county for such services.

25

26                                                         Charges

27

28         (7)  For making and reporting payrolls of jurors to

29  Chief Financial Officer State Comptroller, per page, per copy

30  ..........................................................5.00

31

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  1         (23)  For paying of witnesses and making and reporting

  2  payroll to Chief Financial Officer State Comptroller, per

  3  copy, per page............................................5.00

  4         Section 97.  Section 30.52, Florida Statutes, is

  5  amended to read:

  6         30.52  Handling of public funds.--The sheriff shall

  7  keep public funds in his or her custody, either in his or her

  8  office in an amount not in excess of the burglary, theft, and

  9  robbery insurance provided, the cost of which is hereby

10  authorized as an expense of the office, or in a depository in

11  an amount not in excess of the security provided pursuant to

12  s. 658.60 and the regulations of the Department of Financial

13  Services Banking and Finance.  The title of the depository

14  accounts shall include the word "sheriff" and the name of the

15  county, and withdrawals from the accounts shall be made by

16  checks signed by the duly qualified and acting sheriff of the

17  county, or his or her designated deputy or agent.

18         Section 98.  Section 40.30, Florida Statutes, is

19  amended to read:

20         40.30  Requisition endorsed by State Courts

21  Administrator or designee.--Upon receipt of such estimate and

22  the requisition from the clerk of the court, the State Courts

23  Administrator or designee shall endorse the amount that he or

24  she may deem necessary for the pay of jurors and witnesses

25  during the quarterly fiscal period and shall submit a request

26  for payment to the Chief Financial Officer Comptroller.

27         Section 99.  Section 40.31, Florida Statutes, is

28  amended to read:

29         40.31  State Courts Administrator may apportion

30  appropriation.--If the State Courts Administrator shall have

31  reason to believe that the amount appropriated by the

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  1  Legislature is insufficient to meet the expenses of jurors and

  2  witnesses during the remaining part of the state fiscal year,

  3  he or she may apportion the money in the treasury for that

  4  purpose among the several counties, basing such apportionment

  5  upon the amount expended for the payment of jurors and

  6  witnesses in each county during the prior fiscal year. In such

  7  case, each county shall be paid by warrant, issued by the

  8  Chief Financial Officer Comptroller, only the amount so

  9  apportioned to each county, and, when the amount so

10  apportioned is insufficient to pay in full all the jurors and

11  witnesses during a quarterly fiscal period, the clerk of the

12  court shall apportion the money received pro rata among the

13  jurors and witnesses entitled to pay and shall give to each

14  juror or witness a certificate of the amount of compensation

15  still due, which certificate shall be held by the State Courts

16  Administrator as other demands against the state.

17         Section 100.  Section 40.33, Florida Statutes, is

18  amended to read:

19         40.33  Deficiency.--If the compensation of jurors and

20  witnesses during a quarterly fiscal period exceeds the amount

21  estimated by the clerk of the court and therefore is

22  insufficient to pay in full the jurors and witnesses, the

23  clerk of the court shall make a further requisition upon the

24  State Courts Administrator for the amount necessary to pay

25  such default, and the amount required shall be transmitted to

26  the clerk of the court by warrant issued by the Chief

27  Financial Officer Comptroller in the same manner as the

28  original requisition or order.

29         Section 101.  Subsection (2) of section 40.34, Florida

30  Statutes, is amended to read:

31         40.34  Clerks to make triplicate payroll.--

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  1         (2)  The form of such payroll shall be prescribed by

  2  the Chief Financial Officer Comptroller.

  3         Section 102.  Section 40.35, Florida Statutes, is

  4  amended to read:

  5         40.35  Accounting and payment to the State Courts

  6  Administrator.--

  7         (1)  The clerk of the court shall, within 2 weeks after

  8  the last day of the quarterly fiscal period, render to the

  9  State Courts Administrator a full statement of accounts for

10  moneys received and disbursed under the provisions of this

11  chapter and refund to the State Courts Administrator any

12  balance in the clerk's hands.  If upon audit the State Courts

13  Administrator shall determine a balance due the clerk of the

14  court, the State Courts Administrator shall submit a request

15  for payment to the Chief Financial Officer Comptroller.

16         (2)  If a clerk of the court fails to account for and

17  pay over promptly the balance of all moneys paid him or her,

18  the sureties, if any, on a clerk's official bond are liable

19  and responsible for same; and the State Courts Administrator

20  shall report to the Governor and the Chief Financial Officer

21  Comptroller any failure on the part of the clerk of the court

22  to report and faithfully account for any such moneys.

23         Section 103.  Paragraph (b) of subsection (5) of

24  section 43.16, Florida Statutes, is amended to read:

25         43.16  Justice Administrative Commission; membership,

26  powers and duties.--

27         (5)  The duties of the commission shall include, but

28  not be limited to, the following:

29         (b)  Each state attorney and public defender and the

30  Judicial Qualifications Commission shall continue to prepare

31  necessary budgets, vouchers which represent valid claims for

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  1  reimbursement by the state for authorized expenses, and other

  2  things incidental to the proper administrative operation of

  3  the office, such as revenue transmittals to the Chief

  4  Financial Officer treasurer, automated systems plans, etc.,

  5  but will forward same to the commission for recording and

  6  submission to the proper state officer.  However, when

  7  requested by a state attorney or a public defender or the

  8  Judicial Qualifications Commission, the commission will either

  9  assist in the preparation of budget requests, voucher

10  schedules, and other forms and reports or accomplish the

11  entire project involved.

12         Section 104.  Subsections (1), (3), and (4) of section

13  43.19, Florida Statutes, are amended to read:

14         43.19  Money paid into court; unclaimed funds.--

15         (1)  In every case in which the right to withdraw money

16  deposited as hereinbefore provided has been adjudicated or is

17  not in dispute and the money has remained so deposited for 5

18  years or more unclaimed by the person, firm, or corporation

19  entitled thereto, on or before December 1 of each year the

20  judge, or one of the judges, of the court shall direct that

21  the money be deposited with the Chief Financial Officer

22  Treasurer to the credit of the State School Fund, to become a

23  part of that fund, subject to the right of the person, firm,

24  or corporation entitled thereto to receive the money as

25  provided in subsection (3).

26         (3)  Any person, firm or corporation entitled to any of

27  the money may obtain an order directing the payment of the

28  money to the claimant on written petition to the court from

29  which the money was deposited or its successor, and written

30  notice to the state attorney of the circuit wherein the court

31  is situate, whether or not the court is a circuit court, and

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  1  proof of right thereto, and the money deposited shall

  2  constitute and be a permanent appropriation for payments by

  3  the Chief Financial Officer Treasurer of the state in

  4  obedience of such orders.

  5         (4)  All interest and income that accrue from the money

  6  while on deposit with the Chief Financial Officer Treasurer to

  7  the credit of the State School Fund belong to that fund.

  8         Section 105.  Subsections (3) and (4) of section

  9  48.151, Florida Statutes, are amended to read:

10         48.151  Service on statutory agents for certain

11  persons.--

12         (3)  The Chief Financial Officer Insurance Commissioner

13  and Treasurer or his or her assistant or deputy or another

14  person in charge of the office is the agent for service of

15  process on all insurers applying for authority to transact

16  insurance in this state, all licensed nonresident insurance

17  agents, all nonresident disability insurance agents licensed

18  by the Department of Financial Services Insurance pursuant to

19  s. 626.835, any unauthorized insurer under s. 626.906 or s.

20  626.937, domestic reciprocal insurers, fraternal benefit

21  societies under chapter 632, automobile inspection and

22  warranty associations, ambulance service associations, and

23  persons required to file statements under s. 628.461.

24         (4)  The Chief Financial Officer Comptroller is the

25  agent for service of process for any issuer as defined in s.

26  517.021, or any dealer, investment adviser, or associated

27  person registered with the Department of Financial Services

28  Banking and Finance, for any violation of any provision of

29  chapter 517.

30         Section 106.  Subsection (1) of section 55.03, Florida

31  Statutes, is amended to read:

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  1         55.03  Judgments; rate of interest, generally.--

  2         (1)  On December 1 of each year beginning December 1,

  3  1994, the Chief Financial Officer Comptroller of the State of

  4  Florida shall set the rate of interest that shall be payable

  5  on judgments or decrees for the year beginning January 1 by

  6  averaging the discount rate of the Federal Reserve Bank of New

  7  York for the preceding year, then adding 500 basis points to

  8  the averaged federal discount rate. The Chief Financial

  9  Officer Comptroller shall inform the clerk of the courts and

10  chief judge for each judicial circuit of the rate that has

11  been established for the upcoming year. The initial interest

12  rate established by the Comptroller shall take effect on

13  January 1, 1995, and the interest rate established by the

14  Chief Financial Officer Comptroller in subsequent years shall

15  take effect on January 1 of each following year. Judgments

16  obtained on or after January 1, 1995, shall use the previous

17  statutory rate for time periods before January 1, 1995, for

18  which interest is due and shall apply the rate set by the

19  Chief Financial Officer Comptroller for time periods after

20  January 1, 1995, for which interest is due. Nothing contained

21  herein shall affect a rate of interest established by written

22  contract or obligation.

23         Section 107.  Section 57.091, Florida Statutes, is

24  amended to read:

25         57.091  Costs; refunded to counties in certain

26  proceedings relating to state prisoners.--All lawful fees,

27  costs, and expenses hereafter adjudged against, and paid by,

28  any county in all competency proceedings and all criminal

29  prosecutions against state prisoners imprisoned in a state

30  correctional institution, and in all habeas corpus cases

31  brought to test the legality of the imprisonment of state

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  1  prisoners of such correctional institutions, shall be refunded

  2  to the county paying the sum from the General Revenue Fund in

  3  the State Treasury in the manner and to the extent herein

  4  provided, to wit:  between the 1st and 15th of the month next

  5  succeeding the month in which the fees, costs, and expenses

  6  have been allowed and paid by the county, the clerk of the

  7  court shall make requisition on the Department of Corrections

  8  for the fees, costs, and expenses so allowed and paid during

  9  the preceding month, giving the style of the cases in which

10  fees, costs, and expenses were incurred and the amount and

11  items of cost in each case; providing a certified copy of the

12  judgment adjudging the fees, costs, and expenses against the

13  county and showing that the amount represented thereby has

14  been approved by the presiding judge, paid by the county, and

15  verified by the clerk; and attaching a certified copy of the

16  bill as approved and allowed by the board of county

17  commissioners of the county. If the Department of Corrections

18  finds the bills legal and adjudged against and paid by the

19  county, the department shall submit a request to the Chief

20  Financial Officer Comptroller to draw a warrant in the amount

21  thereof, or in the amount the department finds legal and

22  adjudged against and paid by the county, in favor of the

23  county paying the fees, costs, and expenses, which shall be

24  paid by the Chief Financial Officer State Treasurer from the

25  general revenue funds of the state.

26         Section 108.  Subsections (1), (3), and (4) of section

27  68.083, Florida Statutes, are amended to read:

28         68.083  Civil actions for false claims.--

29         (1)  The department may diligently investigate a

30  violation under s. 68.082. If the department finds that a

31  person has violated or is violating s. 68.082, the department

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  1  may bring a civil action under the Florida False Claims Act

  2  against the person. The Department of Financial Services

  3  Banking and Finance may bring a civil action under this

  4  section if the action arises from an investigation by that

  5  department and the Department of Legal Affairs has not filed

  6  an action under this act.

  7         (3)  The complaint shall be identified on its face as a

  8  qui tam action and shall be filed in the circuit court of the

  9  Second Judicial Circuit, in and for Leon County. Immediately

10  upon the filing of the complaint, a copy of the complaint and

11  written disclosure of substantially all material evidence and

12  information the person possesses shall be served on the

13  Attorney General, as head of the department, and on the Chief

14  Financial Officer Comptroller, as head of the Department of

15  Financial Services Banking and Finance, by registered mail,

16  return receipt requested. The department, or the Department of

17  Financial Services Banking and Finance under the circumstances

18  specified in subsection (4), may elect to intervene and

19  proceed with the action, on behalf of the state, within 90

20  days after it receives both the complaint and the material

21  evidence and information.

22         (4)  If a person brings an action under subsection (2)

23  and the action is based upon the facts underlying a pending

24  investigation by the Department of Financial Services Banking

25  and Finance, the Department of Financial Services Banking and

26  Finance, instead of the department, may take over the action

27  on behalf of the state. In order to take over the action, the

28  Department of Financial Services Banking and Finance must give

29  the department written notification within 20 days after the

30  action is filed that the Department of Financial Services

31  Banking and Finance is conducting an investigation of the

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  1  facts of the action and that the Department of Financial

  2  Services Banking and Finance, instead of the department, will

  3  take over the action filed under subsection (2). If the

  4  Department of Financial Services Banking and Finance takes

  5  over the action under this subsection, the word "department"

  6  as used in this act means the Department of Financial Services

  7  Banking and Finance, and that department, for purposes of that

  8  action, shall have all rights and standing granted the

  9  department under this act.

10         Section 109.  Subsections (3) and (6) of section

11  68.084, Florida Statutes, are amended to read:

12         68.084  Rights of the parties in civil actions.--

13         (3)  If the department elects not to proceed with the

14  action, the person who initiated the action has the right to

15  conduct the action. If the Attorney General, as head of the

16  department, or the Chief Financial Officer Comptroller, as

17  head of the Department of Financial Services Banking and

18  Finance, so requests, it shall be served, at the requesting

19  department's expense, with copies of all pleadings and motions

20  filed in the action and copies of all deposition transcripts.

21  When a person proceeds with the action, the court, without

22  limiting the rights of the person initiating the action, may

23  nevertheless permit the department to intervene and take over

24  the action on behalf of the state at a later date upon showing

25  of good cause.

26         (6)  The Department of Financial Services Banking and

27  Finance, or the department, may intervene on its own behalf as

28  a matter of right.

29         Section 110.  Subsection (3) of section 68.087, Florida

30  Statutes, is amended to read:

31         68.087  Exemptions to civil actions.--

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  1         (3)  No court shall have jurisdiction over an action

  2  brought under this act based upon the public disclosure of

  3  allegations or transactions in a criminal, civil, or

  4  administrative hearing; in a legislative, administrative,

  5  inspector general, or Auditor General, Chief Financial Officer

  6  Comptroller, or Department of Financial Services Banking and

  7  Finance report, hearing, audit, or investigation; or from the

  8  news media, unless the action is brought by the department, or

  9  unless the person bringing the action is an original source of

10  the information. For purposes of this subsection, the term

11  "original source" means an individual who has direct and

12  independent knowledge of the information on which the

13  allegations are based and has voluntarily provided the

14  information to the department before filing an action under

15  this act based on the information.

16         Section 111.  Section 68.092, Florida Statutes, is

17  amended to read:

18         68.092  Deposit of recovered moneys.--All moneys

19  recovered by the Chief Financial Officer Comptroller, as head

20  of the Department of Financial Services Banking and Finance,

21  under s. 68.086(1) in any civil action for violation of the

22  Florida False Claims Act shall be deposited in the

23  Administrative Trust Fund of the Department of Financial

24  Services Banking and Finance.

25         Section 112.  Section 77.0305, Florida Statutes, is

26  amended to read:

27         77.0305  Continuing writ of garnishment against salary

28  or wages.--Notwithstanding any other provision of this

29  chapter, if salary or wages are to be garnished to satisfy a

30  judgment, the court shall issue a continuing writ of

31  garnishment to the judgment debtor's employer which provides

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  1  for the periodic payment of a portion of the salary or wages

  2  of the judgment debtor as the salary or wages become due until

  3  the judgment is satisfied or until otherwise provided by court

  4  order.  A debtor's status as an employee of the state or its

  5  agencies or political subdivisions does not preclude a

  6  judgment creditor's right to garnish the debtor's wages.  For

  7  the purposes of this section, the state includes the judicial

  8  branch and the legislative branch as defined in s. 216.011.

  9  The state, for itself and for its agencies and subdivisions,

10  waives sovereign immunity for the express and limited purpose

11  necessary to carry out this section.  The court shall allow

12  the judgment debtor's employer to collect up to $5 against the

13  salary or wages of the judgment debtor to reimburse the

14  employer for administrative costs for the first deduction from

15  the judgment debtor's salary or wages and up to $2 for each

16  deduction thereafter.  The funds collected by the state under

17  this section must be deposited in the Department of Financial

18  Services Banking and Finance Administrative Trust Fund for

19  purposes of carrying out this section.

20         Section 113.  Section 92.39, Florida Statutes, is

21  amended to read:

22         92.39  Evidence of individual's claim against the state

23  in suits between them.--In suits between the state and

24  individuals, no claim for a credit shall be allowed upon

25  trial, but such as shall appear to have been presented to the

26  Chief Financial Officer Comptroller for his or her the

27  Comptroller's examination, and by him or her disallowed in

28  whole or in part, unless it shall be proved to the

29  satisfaction of the court that the defendant is, at the time

30  of the trial, in possession of vouchers not before in the

31  defendant's power to procure, and that the defendant was

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  1  prevented from exhibiting a claim for such credit at the Chief

  2  Financial Officer's Comptroller's office by unavoidable

  3  accident.

  4         Section 114.  Subsection (4) of section 99.097, Florida

  5  Statutes, is amended to read:

  6         99.097  Verification of signatures on petitions.--

  7         (4)  The supervisor shall be paid in advance the sum of

  8  10 cents for each signature checked or the actual cost of

  9  checking such signature, whichever is less, by the candidate

10  or, in the case of a petition to have an issue placed on the

11  ballot, by the person or organization submitting the petition.

12  However, if a candidate, person, or organization seeking to

13  have an issue placed upon the ballot cannot pay such charges

14  without imposing an undue burden on personal resources or upon

15  the resources otherwise available to such candidate, person,

16  or organization, such candidate, person, or organization

17  shall, upon written certification of such inability given

18  under oath to the supervisor, be entitled to have the

19  signatures verified at no charge.  In the event a candidate,

20  person, or organization submitting a petition to have an issue

21  placed upon the ballot is entitled to have the signatures

22  verified at no charge, the supervisor of elections of each

23  county in which the signatures are verified at no charge shall

24  submit the total number of such signatures checked in the

25  county to the Chief Financial Officer Comptroller no later

26  than December 1 of the general election year, and the Chief

27  Financial Officer Comptroller shall cause such supervisor of

28  elections to be reimbursed from the General Revenue Fund in an

29  amount equal to 10 cents for each name checked or the actual

30  cost of checking such signatures, whichever is less.  In no

31  event shall such reimbursement of costs be deemed or applied

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  1  as extra compensation for the supervisor.  Petitions shall be

  2  retained by the supervisors for a period of 1 year following

  3  the election for which the petitions were circulated.

  4         Section 115.  Paragraph (a) of subsection (2) of

  5  section 101.151, Florida Statutes, is amended to read:

  6         101.151  Specifications for ballots.--

  7         (2)(a)  The ballot shall have headings under which

  8  shall appear the names of the offices and names of duly

  9  nominated candidates for the respective offices in the

10  following order:  the heading "President and Vice President"

11  and thereunder the names of the candidates for President and

12  Vice President of the United States nominated by the political

13  party that received the highest vote for Governor in the last

14  general election of the Governor in this state.  Then shall

15  appear the names of other candidates for President and Vice

16  President of the United States who have been properly

17  nominated.  Votes cast for write-in candidates for President

18  and Vice President shall be counted as votes cast for the

19  presidential electors supporting such candidates.  Then shall

20  follow the heading "Congressional" and thereunder the offices

21  of United States Senator and Representative in Congress; then

22  the heading "State" and thereunder the offices of Governor and

23  Lieutenant Governor, Secretary of State, Attorney General,

24  Chief Financial Officer Comptroller, Treasurer, Commissioner

25  of Education, Commissioner of Agriculture, state attorney, and

26  public defender, together with the names of the candidates for

27  each office and the title of the office which they seek; then

28  the heading "Legislative" and thereunder the offices of state

29  senator and state representative; then the heading "County"

30  and thereunder clerk of the circuit court, clerk of the county

31  court (when authorized by law), sheriff, property appraiser,

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  1  tax collector, district superintendent of schools, and

  2  supervisor of elections. Thereafter follows: members of the

  3  board of county commissioners, and such other county and

  4  district offices as are involved in the general election, in

  5  the order fixed by the Department of State, followed, in the

  6  year of their election, by "Party Offices," and thereunder the

  7  offices of state and county party executive committee members.

  8  In addition to the names printed on the ballot, a blank space

  9  shall be provided under each heading for an office for which a

10  write-in candidate has qualified. With respect to write-in

11  candidates, if two or more candidates are seeking election to

12  one office, only one blank space shall be provided.

13         Section 116.  Subsection (6) of section 103.091,

14  Florida Statutes, is amended to read:

15         103.091  Political parties.--

16         (6)(a)1.  In addition to the members provided for in

17  subsection (1), each county executive committee shall include

18  all members of the Legislature who are residents of the county

19  and members of their respective political party and who shall

20  be known as at-large committeemen and committeewomen.

21         (b)2.  Each state executive committee shall include, as

22  at-large committeemen and committeewomen, all members of the

23  United States Congress representing the State of Florida who

24  are members of the political party, all statewide elected

25  officials who are members of the party, and the President of

26  the Senate or the Minority Leader in the Senate, and the

27  Speaker of the House of Representatives or the Minority Leader

28  in the House of Representatives, whichever is a member of the

29  political party, and 20 members of the Legislature who are

30  members of the political party.  Ten of the legislators shall

31  be appointed with the concurrence of the state chair of the

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  1  respective party, as follows: five to be appointed by the

  2  President of the Senate; five by the Minority Leader in the

  3  Senate; five by the Speaker of the House of Representatives;

  4  and five by the Minority Leader in the House.

  5         (c)3.  When a political party allows any member of the

  6  state executive committee to have more than one vote per

  7  person, other than by proxy, in a matter coming before the

  8  state executive committee, the 20 members of the Legislature

  9  appointed under paragraph (b) subparagraph 2. shall not be

10  appointed to the state executive committee and the following

11  elected officials who are members of that political party

12  shall be appointed and shall have the following votes:

13         1.a.  Governor:  a number equal to 15 percent of votes

14  cast by state executive committeemen and committeewomen;

15         2.b.  Lieutenant Governor:  a number equal to 5 percent

16  of the votes cast by state executive committeemen and

17  committeewomen;

18         3.c.  Each member of the United States Senate

19  representing the state: a number equal to 10 percent of the

20  votes cast by state executive committeemen and committeewomen;

21         4.d.  Secretary of State:  a number equal to 5 percent

22  of the votes cast by state executive committeemen and

23  committeewomen;

24         5.e.  Attorney General:  a number equal to 5 percent of

25  the votes cast by state executive committeemen and

26  committeewomen;

27         6.f.  Comptroller:  a number equal to 5 percent of the

28  votes cast by state executive committeemen and committeewomen;

29         7.g.  Treasurer:  a number equal to 5 percent of the

30  votes cast by state executive committeemen and committeewomen;

31

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  1         8.h.  Commissioner of Agriculture:  a number equal to 5

  2  percent of the votes cast by state executive committeemen and

  3  committeewomen;

  4         9.i.  Commissioner of Education:  a number equal to 5

  5  percent of the votes cast by state executive committeemen and

  6  committeewomen;

  7         10.j.  President of the Senate: a number equal to 10

  8  percent of the votes cast by state executive committeemen and

  9  committeewomen;

10         11.k.  Minority leader of the Senate:  a number equal

11  to 10 percent of the votes cast by state executive

12  committeemen and committeewomen;

13         12.l.  Speaker of the House of Representatives:  a

14  number equal to 10 percent of the votes cast by state

15  executive committeemen and committeewomen;

16         13.m.  Minority leader of the House of Representatives:

17  a number equal to 10 percent of the votes cast by state

18  executive committeemen and committeewomen; and

19         14.n.  Each member of the United States House of

20  Representatives representing the state:  a number equal to 1

21  percent of the votes cast by state executive committeemen and

22  committeewomen.

23         (d)1.4.a.  The governing body of each state executive

24  committee as defined by party rule shall include as at-large

25  committeemen and committeewomen all statewide elected

26  officials who are members of such political party; up to four

27  members of the United States Congress representing the state

28  who are members of such political party and who shall be

29  appointed by the state chair on the basis of geographic

30  representation; the permanent presiding officer selected by

31  the members of each house of the Legislature who are members

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  1  of such political party; and the minority leader selected by

  2  the members of each house of the Legislature who are members

  3  of such political party.

  4         2.b.  All members of the governing body shall have one

  5  vote per person.

  6         Section 117.  Section 107.11, Florida Statutes, is

  7  amended to read:

  8         107.11  Appropriation for expenses.--For the purpose of

  9  defraying the expenses of preparing for, conducting, holding

10  and declaring the result of the election provided for by this

11  chapter and also for the purpose of defraying the expenses

12  allowed by this chapter for the holding of sessions of the

13  convention as herein provided, to be audited by the Chief

14  Financial Officer Comptroller, there is appropriated out of

15  the General Revenue Fund of the State of Florida a sufficient

16  sum of money for the payment of all amounts necessary to be

17  expended under the terms of this chapter, which sums of money

18  shall be disbursed by the State of Florida pursuant to

19  warrants drawn by the Chief Financial Officer Comptroller upon

20  the Treasurer for the payment of same.

21         Section 118.  Paragraph (a) of subsection (2) of

22  section 110.1127, Florida Statutes, is amended to read:

23         110.1127  Employee security checks.--

24         (2)(a)  All positions within the Division of Treasury

25  of the Department of Financial Services Insurance are deemed

26  to be positions of special trust or responsibility, and a

27  person may be disqualified for employment in any such position

28  by reason of:

29         1.  The conviction or prior conviction of a crime which

30  is reasonably related to the nature of the position sought or

31  held by the individual; or

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  1         2.  The entering of a plea of nolo contendere or, when

  2  a jury verdict of guilty is rendered but adjudication of guilt

  3  is withheld, with respect to a crime which is reasonably

  4  related to the nature of the position sought or held by the

  5  individual.

  6         Section 119.  Subsection (1) of section 110.113,

  7  Florida Statutes, is amended to read:

  8         110.113  Pay periods for state officers and employees;

  9  salary payments by direct deposit.--

10         (1)  The normal pay period for salaries of state

11  officers and employees shall be 1 month.  The Department of

12  Financial Services Banking and Finance shall issue either

13  monthly or biweekly salary payments by state warrants or by

14  direct deposit pursuant to s. 17.076 or make semimonthly

15  salary payments by direct deposit pursuant to s. 17.076, as

16  requested by the head of each state agency and approved by the

17  Executive Office of the Governor and the Department of

18  Financial Services Banking and Finance.

19         Section 120.  Subsection (1) of section 110.114,

20  Florida Statutes, is amended to read:

21         110.114  Employee wage deductions.--

22         (1)  The state or any of its departments, bureaus,

23  commissions, and officers are authorized and permitted, with

24  the concurrence of the Department of Financial Services

25  Banking and Finance, to make deductions from the salary or

26  wage of any employee or employees in such amount as shall be

27  authorized and requested by such employee or employees and for

28  such purpose as shall be authorized and requested by such

29  employee or employees and shall pay such sums so deducted as

30  directed by such employee or employees.  The concurrence of

31  the Department of Financial Services Banking and Finance shall

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  1  not be required for the deduction of a certified bargaining

  2  agent's membership dues deductions pursuant to s. 447.303 or

  3  any deductions authorized by a collective bargaining

  4  agreement.

  5         Section 121.  Section 110.116, Florida Statutes, is

  6  amended to read:

  7         110.116  Personnel information system; payroll

  8  procedures.--The Department of Management Services shall

  9  establish and maintain, in coordination with the payroll

10  system of the Department of Financial Services Banking and

11  Finance, a complete personnel information system for all

12  authorized and established positions in the state service,

13  with the exception of employees of the Legislature.  The

14  specifications shall be developed in conjunction with the

15  payroll system of the Department of Financial Services Banking

16  and Finance and in coordination with the Auditor General.  The

17  Department of Financial Services Banking and Finance shall

18  determine that the position occupied by each employee has been

19  authorized and established in accordance with the provisions

20  of s. 216.251.  The Department of Management Services shall

21  develop and maintain a position numbering system that will

22  identify each established position, and such information shall

23  be a part of the payroll system of the Department of Financial

24  Services Banking and Finance.  With the exception of employees

25  of the Legislature, this system shall include all career

26  service positions and those positions exempted from career

27  service provisions, notwithstanding the funding source of the

28  salary payments, and information regarding persons receiving

29  payments from other sources. Necessary revisions shall be made

30  in the personnel and payroll procedures of the state to avoid

31  duplication insofar as is feasible.  A list shall be organized

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  1  by budget entity to show the employees or vacant positions

  2  within each budget entity.  This list shall be available to

  3  the Speaker of the House of Representatives and the President

  4  of the Senate upon request.

  5         Section 122.  Paragraph (a) of subsection (3) and

  6  paragraph (b) of subsection (6) of section 110.1227, Florida

  7  Statutes, are amended to read:

  8         110.1227  Florida Employee Long-Term-Care Plan Act.--

  9         (3)  The Department of Management Services and the

10  department shall, in consultation with public employers and

11  employees and representatives from unions and associations

12  representing state, university, local government, and other

13  public employees, establish and supervise the implementation

14  and administration of a self-funded or fully insured

15  long-term-care plan entitled "Florida Employee Long-Term-Care

16  Plan."

17         (a)  The Department of Management Services and the

18  department shall, in consultation with the Department of

19  Financial Services Insurance, contract for actuarial,

20  professional-administrator, and other services for the Florida

21  Employee Long-Term-Care Plan.

22         (6)  A Florida Employee Long-Term-Care Plan Board of

23  Directors is created, composed of nine members who shall serve

24  2-year terms, to be appointed after May 1, 1999, as follows:

25         (b)  The Chief Financial Officer Insurance Commissioner

26  shall appoint an actuary.

27         Section 123.  Paragraph (f) of subsection (5) of

28  section 110.1228, Florida Statutes, is amended to read:

29         110.1228  Participation by small counties, small

30  municipalities, and district school boards located in small

31  counties.--

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  1         (5)  If the department determines that a small county,

  2  small municipality, or district school board is eligible to

  3  enroll, the small county, small municipality, or district

  4  school board must agree to the following terms and conditions:

  5         (f)  If a small county, small municipality, or district

  6  school board employer fails to make the payments required by

  7  this section to fully reimburse the state, the Department of

  8  Revenue or the Department of Financial Services Banking and

  9  Finance shall, upon the request of the Department of

10  Management Services, deduct the amount owed by the employer

11  from any funds not pledged to bond debt service satisfaction

12  that are to be distributed by it to the small county, small

13  municipality, or district school board. The amounts so

14  deducted shall be transferred to the Department of Management

15  Services for further distribution to the trust funds in

16  accordance with this chapter.

17         Section 124.  Paragraph (f) of subsection (4) and

18  paragraphs (b) and (c) of subsection (5) of section 110.123,

19  Florida Statutes, are amended to read:

20         110.123  State group insurance program.--

21         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

22  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

23         (f)  Pursuant to the request of each state officer,

24  full-time or part-time state employee, or retiree

25  participating in the state group insurance program, and upon

26  certification of the employing agency approved by the

27  department, the Chief Financial Officer Comptroller shall

28  deduct from the salary or retirement warrant payable to each

29  participant the amount so certified and shall handle such

30  deductions in accordance with rules established by the

31  department.

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  1         (5)  DEPARTMENT POWERS AND DUTIES.--The department is

  2  responsible for the administration of the state group

  3  insurance program.  The department shall initiate and

  4  supervise the program as established by this section and shall

  5  adopt such rules as are necessary to perform its

  6  responsibilities.  To implement this program, the department

  7  shall, with prior approval by the Legislature:

  8         (b)  Prepare, in cooperation with the Department of

  9  Financial Services Insurance, the specifications necessary to

10  implement the program.

11         (c)  Contract on a competitive proposal basis with an

12  insurance carrier or carriers, or professional administrator,

13  determined by the Department of Financial Services Insurance

14  to be fully qualified, financially sound, and capable of

15  meeting all servicing requirements.  Alternatively, the

16  department may self-insure any plan or plans contained in the

17  state group insurance program subject to approval based on

18  actuarial soundness by the Department of Financial Services

19  Insurance.  The department may contract with an insurance

20  company or professional administrator qualified and approved

21  by the Department of Financial Services Insurance to

22  administer such plan. Before entering into any contract, the

23  department shall advertise for competitive proposals, and such

24  contract shall be let upon the consideration of the benefits

25  provided in relationship to the cost of such benefits. In

26  determining which entity to contract with, the department

27  shall, at a minimum, consider:  the entity's previous

28  experience and expertise in administering group insurance

29  programs of the type it proposes to administer; the entity's

30  ability to specifically perform its contractual obligations in

31  this state and other governmental jurisdictions; the entity's

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  1  anticipated administrative costs and claims experience; the

  2  entity's capability to adequately provide service coverage and

  3  sufficient number of experienced and qualified personnel in

  4  the areas of claims processing, recordkeeping, and

  5  underwriting, as determined by the department; the entity's

  6  accessibility to state employees and providers; the financial

  7  solvency of the entity, using accepted business sector

  8  measures of financial performance. The department may contract

  9  for medical services which will improve the health or reduce

10  medical costs for employees who participate in the state group

11  insurance plan.

12

13  Final decisions concerning enrollment, the existence of

14  coverage, or covered benefits under the state group insurance

15  program shall not be delegated or deemed to have been

16  delegated by the department.

17         Section 125.  Section 110.125, Florida Statutes, is

18  amended to read:

19         110.125  Administrative costs.--The administrative

20  expenses and costs of operating the personnel program

21  established by this chapter shall be paid by the various

22  agencies of the state government, and each such agency shall

23  include in its budget estimates its pro rata share of such

24  cost as determined by the Department of Management Services.

25  To establish an equitable division of the costs, the amount to

26  be paid by each agency shall be determined in such proportion

27  as the service rendered to each agency bears to the total

28  service rendered under the provisions of this chapter.  The

29  amounts paid to the Department of Management Services which

30  are attributable to positions within the Senior Management

31  Service and the Selected Professional Service shall be used

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  1  for the administration of such services, training activities

  2  for positions within those services, and the development and

  3  implementation of a database of pertinent historical

  4  information on exempt positions.  Should any state agency

  5  become more than 90 days delinquent in payment of this

  6  obligation, the department shall certify to the Chief

  7  Financial Officer Comptroller the amount due and the Chief

  8  Financial Officer Comptroller shall transfer the amount due to

  9  the department from any debtor agency funds available.

10         Section 126.  Paragraph (a) of subsection (1) of

11  section 110.181, Florida Statutes, is amended to read:

12         110.181  Florida State Employees' Charitable

13  Campaign.--

14         (1)  CREATION AND ORGANIZATION OF CAMPAIGN.--

15         (a)  The Department of Management Services shall

16  establish and maintain, in coordination with the payroll

17  system of the Department of Financial Services Banking and

18  Finance, an annual Florida State Employees' Charitable

19  Campaign.  Except as provided in subsection (5), this annual

20  fundraising drive is the only authorized charitable

21  fundraising drive directed toward state employees within work

22  areas during work hours, and for which the state will provide

23  payroll deduction.

24         Section 127.  Subsection (1) of section 110.2037,

25  Florida Statutes, is amended to read:

26         110.2037  Alternative benefits; tax-sheltered annual

27  leave and sick leave payments and special compensation

28  payments.--

29         (1)  The Department of Management Services has

30  authority to adopt tax-sheltered plans under s. 401(a) of the

31  Internal Revenue Code for state employees who are eligible for

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  1  payment for accumulated leave. The department, upon adoption

  2  of the plans, shall contract for a private vendor or vendors

  3  to administer the plans. These plans shall be limited to state

  4  employees who are over age 55 and who are: eligible for

  5  accumulated leave and special compensation payments and

  6  separating from employment with 10 years of service in

  7  accordance with the Internal Revenue Code, or who are

  8  participating in the Deferred Retirement Option Program on or

  9  after July 1, 2001. The plans must provide benefits in a

10  manner that minimizes the tax liability of the state and

11  participants. The plans must be funded by employer

12  contributions of payments for accumulated leave or special

13  compensation payments, or both, as specified by the

14  department. The plans must have received all necessary federal

15  and state approval as required by law, must not adversely

16  impact the qualified status of the Florida Retirement System

17  defined benefit or defined contribution plans or the pretax

18  benefits program, and must comply with the provisions of s.

19  112.65. Adoption of any plan is contingent on: the department

20  receiving appropriate favorable rulings from the Internal

21  Revenue Service; the department negotiating under the

22  provisions of chapter 447, where applicable; and the Chief

23  Financial Officer Comptroller making appropriate changes to

24  the state payroll system. The department's request for

25  proposals by vendors for such plans may require that the

26  vendors provide market-risk or volatility ratings from

27  recognized rating agencies for each of their investment

28  products. The department shall provide for a system of

29  continuous quality assurance oversight to ensure that the

30  program objectives are achieved and that the program is

31  prudently managed.

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  1         Section 128.  Subsection (6) of section 110.205,

  2  Florida Statutes, is amended to read:

  3         110.205  Career service; exemptions.--

  4         (6)  EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY

  5  PROGRAM, DEPARTMENT OF FINANCIAL SERVICES INSURANCE.--In

  6  addition to those positions exempted from this part, there is

  7  hereby exempted from the Career Service System the chief

  8  inspector of the boiler inspection program of the Department

  9  of Financial Services Insurance. The salary range of this

10  position shall be established by the Department of Management

11  Services in accordance with the classification and pay plan

12  established for the Selected Exempt Service.

13         Section 129.  Paragraph (b) of subsection (5),

14  paragraph (b) of subsection (7), paragraph (b) of subsection

15  (8), and subsections (9), (11), and (13) of section 112.061,

16  Florida Statutes, are amended to read:

17         112.061  Per diem and travel expenses of public

18  officers, employees, and authorized persons.--

19         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

20  purposes of reimbursement and methods of calculating

21  fractional days of travel, the following principles are

22  prescribed:

23         (b)  A traveler shall not be reimbursed on a per diem

24  basis for Class C travel, but shall receive subsistence as

25  provided in this section, which allowance for meals shall be

26  based on the following schedule:

27         1.  Breakfast--When travel begins before 6 a.m. and

28  extends beyond 8 a.m.

29         2.  Lunch--When travel begins before 12 noon and

30  extends beyond 2 p.m.

31

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  1         3.  Dinner--When travel begins before 6 p.m. and

  2  extends beyond 8 p.m., or when travel occurs during nighttime

  3  hours due to special assignment.

  4

  5  No allowance shall be made for meals when travel is confined

  6  to the city or town of the official headquarters or immediate

  7  vicinity; except assignments of official business outside the

  8  traveler's regular place of employment if travel expenses are

  9  approved.  The Chief Financial Officer Comptroller shall

10  establish a schedule for processing Class C travel subsistence

11  payments at least on a monthly basis.

12         (7)  TRANSPORTATION.--

13         (b)  The Department of Financial Services Banking and

14  Finance may provide any form it deems necessary to cover

15  travel requests for traveling on official business and when

16  paid by the state.

17         (8)  OTHER EXPENSES.--

18         (b)  Other expenses which are not specifically

19  authorized by this section may be approved by the Department

20  of Financial Services Banking and Finance pursuant to rules

21  adopted by it.  Expenses approved pursuant to this paragraph

22  shall be reported by the Department of Financial Services

23  Banking and Finance to the Auditor General annually.

24         (9)  RULES AND REGULATIONS.--

25         (a)  The Department of Financial Services Banking and

26  Finance shall adopt promulgate such rules and regulations,

27  including, but not limited to, the general criteria to be used

28  by a state agency to predetermine justification for attendance

29  by state officers and employees and authorized persons at

30  conventions and conferences, and prescribe such forms as may

31  be necessary to effectuate the purposes of this section.  The

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  1  department may also adopt rules prescribing the proper

  2  disposition and use of promotional items and rebates offered

  3  by common carriers and other entities in connection with

  4  travel at public expense; however, before adopting such rules,

  5  the department shall consult with the appropriation committees

  6  of the Legislature.

  7         (b)  Each state agency shall promulgate such additional

  8  specific rules and regulations and specific criteria to be

  9  used by it to predetermine justification for attendance by

10  state officers and employees and authorized persons at

11  conventions and conferences, not in conflict with the rules

12  and regulations of the Department of Financial Services

13  Banking and Finance or with the general criteria to be used by

14  a state agency to predetermine justification for attendance by

15  state officers and employees and authorized persons at

16  conventions, as may be necessary to effectuate the purposes of

17  this section.

18         (11)  TRAVEL AUTHORIZATION AND VOUCHER FORMS.--

19         (a)  Authorization forms.--The Department of Financial

20  Services Banking and Finance shall furnish a uniform travel

21  authorization request form which shall be used by all state

22  officers and employees and authorized persons when requesting

23  approval for the performance of travel to a convention or

24  conference.  The form shall include, but not be limited to,

25  provision for the name of each traveler, purpose of travel,

26  period of travel, estimated cost to the state, and a statement

27  of benefits accruing to the state by virtue of such travel.  A

28  copy of the program or agenda of the convention or conference,

29  itemizing registration fees and any meals or lodging included

30  in the registration fee, shall be attached to, and filed with,

31  the copy of the travel authorization request form on file with

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  1  the agency.  The form shall be signed by the traveler and by

  2  the traveler's supervisor stating that the travel is to be

  3  incurred in connection with official business of the state.

  4  The head of the agency or his or her designated representative

  5  shall not authorize or approve such request in the absence of

  6  the appropriate signatures. A copy of the travel authorization

  7  form shall be attached to, and become a part of, the support

  8  of the agency's copy of the travel voucher.

  9         (b)  Voucher forms.--

10         1.  The Department of Financial Services Banking and

11  Finance shall furnish a uniform travel voucher form which

12  shall be used by all state officers and employees and

13  authorized persons when submitting travel expense statements

14  for approval and payment.  No travel expense statement shall

15  be approved for payment by the Chief Financial Officer

16  Comptroller unless made on the form prescribed and furnished

17  by the department. The travel voucher form shall provide for,

18  among other things, the purpose of the official travel and a

19  certification or affirmation, to be signed by the traveler,

20  indicating the truth and correctness of the claim in every

21  material matter, that the travel expenses were actually

22  incurred by the traveler as necessary in the performance of

23  official duties, that per diem claimed has been appropriately

24  reduced for any meals or lodging included in the convention or

25  conference registration fees claimed by the traveler, and that

26  the voucher conforms in every respect with the requirements of

27  this section.  The original copy of the executed uniform

28  travel authorization request form shall be attached to the

29  uniform travel voucher on file with the respective agency.

30         2.  Statements for travel expenses incidental to the

31  rendering of medical services for and on behalf of clients of

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  1  the Department of Health shall be on forms approved by the

  2  Department of Financial Services Banking and Finance.

  3         (13)  DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever

  4  an agency requires an employee to incur either Class A or

  5  Class B travel on emergency notice to the traveler, such

  6  traveler may request the agency to pay his or her expenses for

  7  meals and lodging directly to the vendor, and the agency may

  8  pay the vendor the actual expenses for meals and lodging

  9  during the travel period, limited to an amount not to exceed

10  that authorized pursuant to this section. In emergency

11  situations, the agency head or his or her designee may

12  authorize an increase in the amount paid for a specific meal,

13  provided that the total daily cost of meals does not exceed

14  the total amount authorized for meals each day.  The agency

15  head or his or her designee may also grant prior approval for

16  a state agency to make direct payments of travel expenses in

17  other situations that result in cost savings to the state, and

18  such cost savings shall be documented in the voucher submitted

19  to the Chief Financial Officer Comptroller for the direct

20  payment of travel expenses.  The provisions of this subsection

21  shall not be deemed to apply to any legislator or to any

22  employee of the Legislature.

23         Section 130.  Subsections (2), (5), and (6) of section

24  112.08, Florida Statutes, are amended to read:

25         112.08  Group insurance for public officers, employees,

26  and certain volunteers; physical examinations.--

27         (2)(a)  Every local governmental unit is authorized to

28  provide and pay out of its available funds for all or part of

29  the premium for life, health, accident, hospitalization, legal

30  expense, or annuity insurance, or all or any kinds of such

31  insurance, for the officers and employees of the local

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  1  governmental unit and for health, accident, hospitalization,

  2  and legal expense insurance for the dependents of such

  3  officers and employees upon a group insurance plan and, to

  4  that end, to enter into contracts with insurance companies or

  5  professional administrators to provide such insurance.  Before

  6  entering any contract for insurance, the local governmental

  7  unit shall advertise for competitive bids; and such contract

  8  shall be let upon the basis of such bids. If a contracting

  9  health insurance provider becomes financially impaired as

10  determined by the Department of Financial Services Insurance

11  or otherwise fails or refuses to provide the contracted-for

12  coverage or coverages, the local government may purchase

13  insurance, enter into risk management programs, or contract

14  with third-party administrators and may make such acquisitions

15  by advertising for competitive bids or by direct negotiations

16  and contract. The local governmental unit may undertake

17  simultaneous negotiations with those companies which have

18  submitted reasonable and timely bids and are found by the

19  local governmental unit to be fully qualified and capable of

20  meeting all servicing requirements.  Each local governmental

21  unit may self-insure any plan for health, accident, and

22  hospitalization coverage or enter into a risk management

23  consortium to provide such coverage, subject to approval based

24  on actuarial soundness by the Department of Financial Services

25  Insurance; and each shall contract with an insurance company

26  or professional administrator qualified and approved by the

27  Department of Financial Services Insurance to administer such

28  a plan.

29         (b)  In order to obtain approval from the Department of

30  Insurance of any self-insured plan for health, accident, and

31  hospitalization coverage, each local governmental unit or

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  1  consortium shall submit its plan along with a certification as

  2  to the actuarial soundness of the plan, which certification is

  3  prepared by an actuary who is a member of the Society of

  4  Actuaries or the American Academy of Actuaries. The Department

  5  of Financial Services Insurance shall not approve the plan

  6  unless it determines that the plan is designed to provide

  7  sufficient revenues to pay current and future liabilities, as

  8  determined according to generally accepted actuarial

  9  principles.  After implementation of an approved plan, each

10  local governmental unit or consortium shall annually submit to

11  the Department of Financial Services Insurance a report which

12  includes a statement prepared by an actuary who is a member of

13  the Society of Actuaries or the American Academy of Actuaries

14  as to the actuarial soundness of the plan.  The report is due

15  90 days after the close of the fiscal year of the plan.  The

16  report shall consist of, but is not limited to:

17         1.  The adequacy of contribution rates in meeting the

18  level of benefits provided and the changes, if any, needed in

19  the contribution rates to achieve or preserve a level of

20  funding deemed adequate to enable payment of the benefit

21  amounts provided under the plan and a valuation of present

22  assets, based on statement value, and prospective assets and

23  liabilities of the plan and the extent of any unfunded accrued

24  liabilities.

25         2.  A plan to amortize any unfunded liabilities and a

26  description of actions taken to reduce unfunded liabilities.

27         3.  A description and explanation of actuarial

28  assumptions.

29         4.  A schedule illustrating the amortization of any

30  unfunded liabilities.

31

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  1         5.  A comparative review illustrating the level of

  2  funds available to the plan from rates, investment income, and

  3  other sources realized over the period covered by the report

  4  with the assumptions used.

  5         6.  A statement by the actuary that the report is

  6  complete and accurate and that in the actuary's opinion the

  7  techniques and assumptions used are reasonable and meet the

  8  requirements and intent of this subsection.

  9         7.  Other factors or statements as required by the

10  Department of Insurance in order to determine the actuarial

11  soundness of the plan.

12

13  All assumptions used in the report shall be based on

14  recognized actuarial principles acceptable to the Department

15  of Financial Services Insurance. The Department of Financial

16  Services Insurance shall review the report and shall notify

17  the administrator of the plan and each entity participating in

18  the plan, as identified by the administrator, of any actuarial

19  deficiencies.  Each local governmental unit is responsible for

20  payment of valid claims of its employees that are not paid

21  within 60 days after receipt by the plan administrator or

22  consortium.

23         (c)  Every local governmental unit is authorized to

24  expend funds for preemployment physical examinations and

25  postemployment physical examinations.

26         (5)  The Department of Management Services shall

27  initiate and supervise a group insurance program providing

28  death and disability benefits for active members of the

29  Florida Highway Patrol Auxiliary, with coverage beginning July

30  1, 1978, and purchased from state funds appropriated for that

31  purpose.  The Department of Management Services, in

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  1  cooperation with the Department of Financial Services

  2  Insurance, shall prepare specifications necessary to implement

  3  the program, and the Department of Management Services shall

  4  receive bids and award the contract in accordance with general

  5  law.

  6         (6)  The Department of Financial Services Insurance is

  7  authorized to adopt rules to carry out the provisions of this

  8  section as they pertain to its duties.

  9         Section 131.  Paragraph (h) of subsection (2) of

10  section 112.191, Florida Statutes, is amended to read:

11         112.191  Firefighters; death benefits.--

12         (2)

13         (h)  The Division of the State Fire Marshal within the

14  Department of Financial Services Insurance is directed to

15  adopt promulgate rules as are necessary to implement the

16  provisions of this section.

17         Section 132.  Subsections (2) and (4), paragraph (a) of

18  subsection (6), paragraphs (a), (d), (f), and (h) of

19  subsection (8), paragraph (b) of subsection (10), and

20  subsections (11) and (12) of section 112.215, Florida

21  Statutes, are amended to read:

22         112.215  Government employees; deferred compensation

23  program.--

24         (2)  For the purposes of this section:,

25         (a)  The term "employee" means any person, whether

26  appointed, elected, or under contract, providing services for

27  the state; any state agency or county or other political

28  subdivision of the state; any municipality; or any

29  constitutional county officer under s. 1(d), Art. VIII of the

30  State Constitution for which compensation or statutory fees

31  are paid;.

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  1         (b)  The term "department" means the Department of

  2  Management Services.

  3         (4)(a)  The department Treasurer, with the approval of

  4  the State Board of Administration, shall establish such plan

  5  or plans of deferred compensation for state employees,

  6  including all such investment vehicles or products incident

  7  thereto, as may be available through, or offered by, qualified

  8  companies or persons, and may approve one or more such plans

  9  for implementation by and on behalf of the state and its

10  agencies and employees.

11         (b)  The department may If the Treasurer deems it

12  advisable, he or she shall have the power, with the approval

13  of the State Board of Administration, to create a trust or

14  other special funds for the segregation of funds or assets

15  resulting from compensation deferred at the request of

16  employees of the state or its agencies and for the

17  administration of such program.

18         (c)  The department Treasurer, with the approval of the

19  State Board of Administration, may delegate responsibility for

20  administration of the plan to a person the department

21  Treasurer determines to be qualified, compensate such person,

22  and, directly or through such person or pursuant to a

23  collective bargaining agreement, contract with a private

24  corporation or institution to provide such services as may be

25  part of any such plan or as may be deemed necessary or proper

26  by the department Treasurer or such person, including, but not

27  limited to, providing consolidated billing, individual and

28  collective recordkeeping and accountings, asset purchase,

29  control, and safekeeping, and direct disbursement of funds to

30  employees or other beneficiaries. The department Treasurer may

31  authorize a person, private corporation, or institution to

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  1  make direct disbursement of funds under the plan to an

  2  employee or other beneficiary only upon the order of the Chief

  3  Financial Officer Comptroller to the Treasurer.

  4         (d)  In accordance with such approved plan, and upon

  5  contract or agreement with an eligible employee, deferrals of

  6  compensation may be accomplished by payroll deductions made by

  7  the appropriate officer or officers of the state, with such

  8  funds being thereafter held and administered in accordance

  9  with the plan.

10         (6)(a)  No deferred compensation plan of the state

11  shall become effective until approved by the State Board of

12  Administration and the department Treasurer is satisfied by

13  opinion from such federal agency or agencies as may be deemed

14  necessary that the compensation deferred thereunder and/or the

15  investment products purchased pursuant to the plan will not be

16  included in the employee's taxable income under federal or

17  state law until it is actually received by such employee under

18  the terms of the plan, and that such compensation will

19  nonetheless be deemed compensation at the time of deferral for

20  the purposes of social security coverage, for the purposes of

21  the state retirement system, and for any other retirement,

22  pension, or benefit program established by law.

23         (8)(a)  There is hereby created a Deferred Compensation

24  Advisory Council composed of seven members.

25         1.  One member shall be appointed by the Speaker of the

26  House of Representatives and the President of the Senate

27  jointly and shall be an employee of the legislative branch.

28         2.  One member shall be appointed by the Chief Justice

29  of the Supreme Court and shall be an employee of the judicial

30  branch.

31

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  1         3.  One member shall be appointed by the chair of the

  2  Public Employees Relations Commission and shall be a nonexempt

  3  public employee.

  4         4.  The remaining four members shall be employed by the

  5  executive branch and shall be appointed as follows:

  6         a.  One member shall be appointed by the Chancellor of

  7  the State University System and shall be an employee of the

  8  university system.

  9         b.  One member shall be appointed by the department

10  Treasurer and shall be an employee of the department

11  Treasurer.

12         c.  One member shall be appointed by the Governor and

13  shall be an employee of the executive branch.

14         d.  One member shall be appointed by the Chief

15  Financial Officer Comptroller and shall be an employee of the

16  Chief Financial Officer Comptroller.

17         (d)  The council shall meet at the call of its chair,

18  at the request of a majority of its membership, or at the

19  request of the department Treasurer, but not less than twice a

20  year.  The business of the council shall be presented to the

21  council in the form of an agenda.  The agenda shall be set by

22  the department Treasurer and shall include items of business

23  requested by the council members.

24         (f)  The council shall make a report of each meeting to

25  the department Treasurer, which shall show the names of the

26  members present and shall include a record of its discussions,

27  recommendations, and actions taken.  The department Treasurer

28  shall keep the records of the proceedings of each meeting on

29  file and shall make the records available to any interested

30  person or group.

31

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  1         (h)  The advisory council shall provide assistance and

  2  recommendations to the department Treasurer relating to the

  3  provisions of the plan, the insurance or investment options to

  4  be offered under the plan, and any other contracts or

  5  appointments deemed necessary by the council and the

  6  department Treasurer to carry out the provisions of this act.

  7  The department Treasurer shall inform the council of the

  8  manner in which each council recommendation is being

  9  addressed.  The department Treasurer shall provide the

10  council, at least annually, a report on the status of the

11  deferred compensation program, including, but not limited to,

12  information on participant enrollment, amount of compensation

13  deferred, total plan assets, product provider performance, and

14  participant satisfaction with the program.

15         (10)

16         (b)1.  There is created in the department State

17  Treasury the Deferred Compensation Trust Fund, through which

18  the department Treasurer as trustee shall hold moneys,

19  pensions, annuities, or other benefits accrued or accruing

20  under and pursuant to 26 U.S.C. s. 457 and the deferred

21  compensation plan provided for therein and adopted by this

22  state; and

23         a.  All amounts of compensation deferred thereunder;

24         b.  All property and rights purchased with such

25  amounts; and

26         c.  All income attributable to such amounts, property,

27  or rights.

28         2.  Notwithstanding the mandates of 26 U.S.C. s.

29  457(b)(6), all of the assets specified in subparagraph 1.

30  shall be held in trust for the exclusive benefit of

31

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  1  participants and their beneficiaries as mandated by 26 U.S.C.

  2  s. 457(g)(1).

  3         (11)  With respect to any funds held pursuant to a

  4  deferred compensation plan, any plan provider which is a bank

  5  or savings association and which provides time deposit

  6  accounts and certificates of deposit as an investment product

  7  to the plan participants may, with the approval of the State

  8  Board of Administration for providers in the state plan, or

  9  with the approval of the appropriate official or body

10  designated under subsection (5) for a plan of a county,

11  municipality, other political subdivision, or constitutional

12  county officer, be exempt from the provisions of chapter 280

13  requiring it to be a qualified public depository, provided:

14         (a)  The bank or savings association shall, to the

15  extent that the time deposit accounts or certificates of

16  deposit are not insured by the Federal Deposit Insurance

17  Corporation or the Federal Savings and Loan Insurance

18  Corporation, pledge collateral with the Chief Financial

19  Officer Treasurer for all state funds held by it under a

20  deferred compensation plan, or with such other appropriate

21  official for all public funds held by it under a deferred

22  compensation plan of a county, municipality, other political

23  subdivision, or constitutional county officer, in an amount

24  which equals at least 150 percent of all uninsured deferred

25  compensation funds then held.

26         (b)  Said collateral shall be of the kind permitted by

27  s. 280.13 and shall be pledged in the manner provided for by

28  the applicable provisions of chapter 280.

29

30  The Chief Financial Officer Treasurer shall have all the

31  applicable powers provided in ss. 280.04, 280.05, and 280.08

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  1  relating to the sale or other disposition of the pledged

  2  collateral.

  3         (12)  The department Treasurer may adopt any rule

  4  necessary to administer and implement this act with respect to

  5  deferred compensation plans for state employees.

  6         Section 133.  Paragraph (h) of subsection (4) of

  7  section 112.3144, Florida Statutes, is amended to read:

  8         112.3144  Full and public disclosure of financial

  9  interests.--

10         (4)  Forms for compliance with the full and public

11  disclosure requirements of s. 8, Art. II of the State

12  Constitution shall be created by the Commission on Ethics. The

13  commission shall give notice of disclosure deadlines and

14  delinquencies and distribute forms in the following manner:

15         (h)  Notwithstanding any provision of chapter 120, any

16  fine imposed under this subsection which is not waived by

17  final order of the commission and which remains unpaid more

18  than 60 days after the notice of payment due or more than 60

19  days after the commission renders a final order on the appeal

20  must be submitted to the Department of Financial Services

21  Banking and Finance as a claim, debt, or other obligation owed

22  to the state, and the department shall assign the collection

23  of such fine to a collection agent as provided in s. 17.20.

24         Section 134.  Paragraph (i) of subsection (6) of

25  section 112.3145, Florida Statutes, is amended to read:

26         112.3145  Disclosure of financial interests and clients

27  represented before agencies.--

28         (6)  Forms for compliance with the disclosure

29  requirements of this section and a current list of persons

30  subject to disclosure shall be created by the commission and

31  provided to each supervisor of elections. The commission and

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  1  each supervisor of elections shall give notice of disclosure

  2  deadlines and delinquencies and distribute forms in the

  3  following manner:

  4         (i)  Notwithstanding any provision of chapter 120, any

  5  fine imposed under this subsection which is not waived by

  6  final order of the commission and which remains unpaid more

  7  than 60 days after the notice of payment due or more than 60

  8  days after the commission renders a final order on the appeal

  9  must be submitted to the Department of Financial Services

10  Banking and Finance as a claim, debt, or other obligation owed

11  to the state, and the department shall assign the collection

12  of such a fine to a collection agent as provided in s. 17.20.

13         Section 135.  Paragraph (c) of subsection (9) of

14  section 112.3189, Florida Statutes, is amended to read:

15         112.3189  Investigative procedures upon receipt of

16  whistle-blower information from certain state employees.--

17         (9)

18         (c)  The Chief Inspector General shall transmit any

19  final report under this section, any comments provided by the

20  complainant, and any appropriate comments or recommendations

21  by the Chief Inspector General to the Governor, to the Joint

22  Legislative Auditing Committee, to the investigating agency,

23  and to the Chief Financial Officer Comptroller.

24         Section 136.  Paragraph (e) of subsection (3) of

25  section 112.31895, Florida Statutes, is amended to read:

26         112.31895  Investigative procedures in response to

27  prohibited personnel actions.--

28         (3)  CORRECTIVE ACTION AND TERMINATION OF

29  INVESTIGATION.--

30         (e)1.  The Florida Commission on Human Relations may

31  request an agency or circuit court to order a stay, on such

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  1  terms as the court requires, of any personnel action for 45

  2  days if the Florida Commission on Human Relations determines

  3  that reasonable grounds exist to believe that a prohibited

  4  personnel action has occurred, is occurring, or is to be

  5  taken.  The Florida Commission on Human Relations may request

  6  that such stay be extended for appropriate periods of time.

  7         2.  If, in connection with any investigation, the

  8  Florida Commission on Human Relations determines that

  9  reasonable grounds exist to believe that a prohibited action

10  has occurred, is occurring, or is to be taken which requires

11  corrective action, the Florida Commission on Human Relations

12  shall report the determination together with any findings or

13  recommendations to the agency head and may report that

14  determination and those findings and recommendations to the

15  Governor and the Chief Financial Officer Comptroller. The

16  Florida Commission on Human Relations may include in the

17  report recommendations for corrective action to be taken.

18         3.  If, after 20 days, the agency does not implement

19  the recommended action, the Florida Commission on Human

20  Relations shall terminate the investigation and notify the

21  complainant of the right to appeal under subsection (4), or

22  may petition the agency for corrective action under this

23  subsection.

24         4.  If the Florida Commission on Human Relations finds,

25  in consultation with the individual subject to the prohibited

26  action, that the agency has implemented the corrective action,

27  the commission shall file such finding with the agency head,

28  together with any written comments that the individual

29  provides, and terminate the investigation.

30         Section 137.  Paragraph (f) of subsection (5) of

31  section 112.3215, Florida Statutes, is amended to read:

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  1         112.3215  Lobbyists before the executive branch or the

  2  Constitution Revision Commission; registration and reporting;

  3  investigation by commission.--

  4         (5)

  5         (f)  The commission shall provide by rule a procedure

  6  by which a lobbyist who fails to timely file a report shall be

  7  notified and assessed fines.  The rule shall provide for the

  8  following:

  9         1.  Upon determining that the report is late, the

10  person designated to review the timeliness of reports shall

11  immediately notify the lobbyist as to the failure to timely

12  file the report and that a fine is being assessed for each

13  late day. The fine shall be $50 per day per report for each

14  late day up to a maximum of $5,000 per late report.

15         2.  Upon receipt of the report, the person designated

16  to review the timeliness of reports shall determine the amount

17  of the fine due based upon the earliest of the following:

18         a.  When a report is actually received by the lobbyist

19  registration and reporting office.

20         b.  When the report is postmarked.

21         c.  When the certificate of mailing is dated.

22         d.  When the receipt from an established courier

23  company is dated.

24         3.  Such fine shall be paid within 30 days after the

25  notice of payment due is transmitted by the Lobbyist

26  Registration Office, unless appeal is made to the commission.

27  The moneys shall be deposited into the Executive Branch Lobby

28  Registration Trust Fund.

29         4.  A fine shall not be assessed against a lobbyist the

30  first time any reports for which the lobbyist is responsible

31  are not timely filed. However, to receive the one-time fine

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  1  waiver, all reports for which the lobbyist is responsible must

  2  be filed within 30 days after the notice that any reports have

  3  not been timely filed is transmitted by the Lobbyist

  4  Registration Office. A fine shall be assessed for any

  5  subsequent late-filed reports.

  6         5.  Any lobbyist may appeal or dispute a fine, based

  7  upon unusual circumstances surrounding the failure to file on

  8  the designated due date, and may request and shall be entitled

  9  to a hearing before the commission, which shall have the

10  authority to waive the fine in whole or in part for good cause

11  shown.  Any such request shall be made within 30 days after

12  the notice of payment due is transmitted by the Lobbyist

13  Registration Office.  In such case, the lobbyist shall, within

14  the 30-day period, notify the person designated to review the

15  timeliness of reports in writing of his or her intention to

16  bring the matter before the commission.

17         6.  The person designated to review the timeliness of

18  reports shall notify the commission of the failure of a

19  lobbyist to file a report after notice or of the failure of a

20  lobbyist to pay the fine imposed.

21         7.  Notwithstanding any provision of chapter 120, any

22  fine imposed under this subsection that is not waived by final

23  order of the commission and that remains unpaid more than 60

24  days after the notice of payment due or more than 60 days

25  after the commission renders a final order on the lobbyist's

26  appeal shall be collected by the Department of Financial

27  Services Banking and Finance as a claim, debt, or other

28  obligation owed to the state, and the department may assign

29  the collection of such fine to a collection agent as provided

30  in s. 17.20.

31

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  1         Section 138.  Subsection (4) of section 112.63, Florida

  2  Statutes, is amended to read:

  3         112.63  Actuarial reports and statements of actuarial

  4  impact; review.--

  5         (4)  Upon receipt, pursuant to subsection (2), of an

  6  actuarial report, or upon receipt, pursuant to subsection (3),

  7  of a statement of actuarial impact, the Department of

  8  Management Services shall acknowledge such receipt, but shall

  9  only review and comment on each retirement system's or plan's

10  actuarial valuations at least on a triennial basis.  If the

11  department finds that the actuarial valuation is not complete,

12  accurate, or based on reasonable assumptions, or if the

13  department does not receive the actuarial report or statement

14  of actuarial impact, the department shall notify the local

15  government and request appropriate adjustment. If, after a

16  reasonable period of time, a satisfactory adjustment is not

17  made, the affected local government or the department may

18  petition for a hearing under the provisions of ss. 120.569 and

19  120.57. If the administrative law judge recommends in favor of

20  the department, the department shall perform an actuarial

21  review or prepare the statement of actuarial impact. The cost

22  to the department of performing such actuarial review or

23  preparing such statement shall be charged to the governmental

24  entity of which the employees are covered by the retirement

25  system or plan.  If payment of such costs is not received by

26  the department within 60 days after receipt by the

27  governmental entity of the request for payment, the department

28  shall certify to the Chief Financial Officer Comptroller the

29  amount due, and the Chief Financial Officer Comptroller shall

30  pay such amount to the department from any funds payable to

31  the governmental entity of which the employees are covered by

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  1  the retirement system or plan.  If the administrative law

  2  judge recommends in favor of the local retirement system and

  3  the department performs an actuarial review, the cost to the

  4  department of performing the actuarial review shall be paid by

  5  the department.

  6         Section 139.  Section 114.03, Florida Statutes, is

  7  amended to read:

  8         114.03  Certain executive officers not to absent

  9  themselves from the state.--The Secretary of State, Attorney

10  General, Chief Financial Officer Comptroller, Treasurer,

11  Commissioner of Education, and Commissioner of Agriculture

12  shall reside at the capital, and no member of the Cabinet

13  shall absent himself or herself from the state for a period of

14  60 consecutive days or more without the consent of the

15  Governor and a majority of the Cabinet.  If a Cabinet officer

16  should refuse or fail to comply with and observe the

17  requirements of this section, his or her office may be deemed

18  vacant pursuant to paragraph (f) or paragraph (g) of s.

19  114.01(1), as appropriate.

20         Section 140.  Section 116.03, Florida Statutes, is

21  amended to read:

22         116.03  Officers to report fees collected.--Each state

23  and county officer who receives all or any part of his or her

24  compensation in fees or commissions, or other remuneration,

25  shall keep a complete report of all fees and commissions, or

26  other remuneration collected, and shall make a report to the

27  Department of Financial Services Banking and Finance of all

28  such fees and commissions, or other remuneration, annually on

29  December 31 of each and every year.  Such report shall be made

30  upon forms to be prescribed from time to time by the

31  department, and shall show in detail the source, character and

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  1  amount of all his or her official expenses and the net amount

  2  that the office has paid up to the time of making such report.

  3  All officers shall make out, fill in and subscribe and

  4  properly forward to the department such reports, and swear to

  5  the accuracy and competency of such reports.

  6         Section 141.  Section 116.04, Florida Statutes, is

  7  amended to read:

  8         116.04  Failure of officer to make sworn report of

  9  fees.--Any officer who shall fail or refuse to make,

10  subscribe, and swear, or to file with the Department of

11  Financial Services Banking and Finance a report of all fees,

12  commissions, or other remuneration collected, as required by

13  law, or if any officer shall knowingly or willfully make false

14  or incomplete reports, or in any report violate any of the

15  provisions of s. 116.03 he or she shall be guilty of a

16  misdemeanor of the first degree, punishable as provided in  s.

17  775.082 or s. 775.083.

18         Section 142.  Section 116.05, Florida Statutes, is

19  amended to read:

20         116.05  Examination and publication by Department of

21  Financial Services Banking and Finance.--The Department of

22  Financial Services Banking and Finance shall have examined and

23  verified any of the reports received under s. 116.03 whenever

24  in its judgment the same may be necessary, and the department

25  shall cause the matter and things in each of said reports to

26  be published one time in a newspaper published in the county

27  in which such report originated, in such form as it shall

28  direct, and the expense of such publication shall be paid by

29  the county commissioners of such county.

30         Section 143.  Section 116.06, Florida Statutes, is

31  amended to read:

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  1         116.06  Summary of reports; certain officers not

  2  required to report fees.--A summary of all such reports shall

  3  be included by the Department of Financial Services Banking

  4  and Finance in its annual report to the Governor, except that

  5  jurors and notaries public shall not be required to make such

  6  reports as provided for in s. 116.03.

  7         Section 144.  Section 116.14, Florida Statutes, is

  8  amended to read:

  9         116.14  Receipts required from purchasers of state

10  property.--Upon the sale of any state property by the

11  superintendent and presidents of state institutions as

12  provided by law, they shall take receipt for the same from the

13  purchaser, which receipt shall be forwarded, together with the

14  proceeds of the sale, to the Chief Financial Officer State

15  Treasurer.

16         Section 145.  Paragraph (c) of subsection (15) of

17  section 120.52, Florida Statutes, is amended to read:

18         120.52  Definitions.--As used in this act:

19         (15)  "Rule" means each agency statement of general

20  applicability that implements, interprets, or prescribes law

21  or policy or describes the procedure or practice requirements

22  of an agency and includes any form which imposes any

23  requirement or solicits any information not specifically

24  required by statute or by an existing rule.  The term also

25  includes the amendment or repeal of a rule.  The term does not

26  include:

27         (c)  The preparation or modification of:

28         1.  Agency budgets.

29         2.  Statements, memoranda, or instructions to state

30  agencies issued by the Chief Financial Officer or Comptroller

31  as chief fiscal officer of the state and relating or

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  1  pertaining to claims for payment submitted by state agencies

  2  to the Chief Financial Officer or Comptroller.

  3         3.  Contractual provisions reached as a result of

  4  collective bargaining.

  5         4.  Memoranda issued by the Executive Office of the

  6  Governor relating to information resources management.

  7         Section 146.  Section 120.80, Florida Statutes, is

  8  amended to read:

  9         120.80  Exceptions and special requirements;

10  agencies.--

11         (1)  DIVISION OF ADMINISTRATIVE

12  HEARINGS.--Notwithstanding s. 120.57(1)(a), a hearing in which

13  the division is a party shall not be conducted by an

14  administrative law judge assigned by the division.  An

15  attorney assigned by the Administration Commission shall be

16  the hearing officer.

17         (2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--

18         (a)  Marketing orders under chapter 527, chapter 573,

19  or chapter 601 are not rules.

20         (b)  Notwithstanding s. 120.57(1)(a), hearings held by

21  the Department of Agriculture and Consumer Services pursuant

22  to chapter 601 need not be conducted by an administrative law

23  judge assigned by the division.

24         (3)  DEPARTMENT OF FINANCIAL SERVICES BANKING AND

25  FINANCE.--

26         (a)  Notwithstanding s. 120.60(1), in proceedings for

27  the issuance, denial, renewal, or amendment of a license or

28  approval of a merger pursuant to title XXXVIII:

29         1.a.  The Department of Financial Services Banking and

30  Finance shall have published in the Florida Administrative

31  Weekly notice of the application within 21 days after receipt.

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  1         b.  Within 21 days after publication of notice, any

  2  person may request a hearing. Failure to request a hearing

  3  within 21 days after notice constitutes a waiver of any right

  4  to a hearing. The Department of Financial Services Banking and

  5  Finance or an applicant may request a hearing at any time

  6  prior to the issuance of a final order. Hearings shall be

  7  conducted pursuant to ss. 120.569 and 120.57, except that the

  8  Department of Financial Services Banking and Finance shall by

  9  rule provide for participation by the general public.

10         2.  Should a hearing be requested as provided by

11  sub-subparagraph 1.b., the applicant or licensee shall publish

12  at its own cost a notice of the hearing in a newspaper of

13  general circulation in the area affected by the application.

14  The Department of Financial Services Banking and Finance may

15  by rule specify the format and size of the notice.

16         3.  Notwithstanding s. 120.60(1), and except as

17  provided in subparagraph 4., every application for license for

18  a new bank, new trust company, new credit union, or new

19  savings and loan association shall be approved or denied

20  within 180 days after receipt of the original application or

21  receipt of the timely requested additional information or

22  correction of errors or omissions. Any application for such a

23  license or for acquisition of such control which is not

24  approved or denied within the 180-day period or within 30 days

25  after conclusion of a public hearing on the application,

26  whichever is later, shall be deemed approved subject to the

27  satisfactory completion of conditions required by statute as a

28  prerequisite to license and approval of insurance of accounts

29  for a new bank, a new savings and loan association, or a new

30  credit union by the appropriate insurer.

31

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  1         4.  In the case of every application for license to

  2  establish a new bank, trust company, or capital stock savings

  3  association in which a foreign national proposes to own or

  4  control 10 percent or more of any class of voting securities,

  5  and in the case of every application by a foreign national for

  6  approval to acquire control of a bank, trust company, or

  7  capital stock savings association, the Department of Financial

  8  Services Banking and Finance shall request that a public

  9  hearing be conducted pursuant to ss. 120.569 and 120.57.

10  Notice of such hearing shall be published by the applicant as

11  provided in subparagraph 2. The failure of any such foreign

12  national to appear personally at the hearing shall be grounds

13  for denial of the application. Notwithstanding the provisions

14  of s. 120.60(1) and subparagraph 3., every application

15  involving a foreign national shall be approved or denied

16  within 1 year after receipt of the original application or any

17  timely requested additional information or the correction of

18  any errors or omissions, or within 30 days after the

19  conclusion of the public hearing on the application, whichever

20  is later.

21         (b)  In any application for a license or merger

22  pursuant to title XXXVIII which is referred by the agency to

23  the division for hearing, the administrative law judge shall

24  complete and submit to the agency and to all parties a written

25  report consisting of findings of fact and rulings on

26  evidentiary matters. The agency shall allow each party at

27  least 10 days in which to submit written exceptions to the

28  report.

29         (c)  Notwithstanding s. 120.60(1), every application

30  for a certificate of authority as required by s. 624.401 shall

31  be approved or denied within 180 days after receipt of the

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  1  original application. Any application for a certificate of

  2  authority which is not approved or denied within the 180-day

  3  period, or within 30 days after conclusion of a public hearing

  4  held on the application, shall be deemed approved, subject to

  5  the satisfactory completion of conditions required by statute

  6  as a prerequisite to licensure.

  7         (4)  DEPARTMENT OF BUSINESS AND PROFESSIONAL

  8  REGULATION.--

  9         (a)  Business regulation.--The Division of Pari-mutuel

10  Wagering is exempt from the hearing and notice requirements of

11  ss. 120.569 and 120.57(1)(a), but only for stewards, judges,

12  and boards of judges when the hearing is to be held for the

13  purpose of the imposition of fines or suspensions as provided

14  by rules of the Division of Pari-mutuel Wagering, but not for

15  revocations, and only upon violations of subparagraphs 1.-6.

16  The Division of Pari-mutuel Wagering shall adopt rules

17  establishing alternative procedures, including a hearing upon

18  reasonable notice, for the following violations:

19         1.  Horse riding, harness riding, greyhound

20  interference, and jai alai game actions in violation of

21  chapter 550.

22         2.  Application and usage of drugs and medication to

23  horses, greyhounds, and jai alai players in violation of

24  chapter 550.

25         3.  Maintaining or possessing any device which could be

26  used for the injection or other infusion of a prohibited drug

27  to horses, greyhounds, and jai alai players in violation of

28  chapter 550.

29         4.  Suspensions under reciprocity agreements between

30  the Division of Pari-mutuel Wagering and regulatory agencies

31  of other states.

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  1         5.  Assault or other crimes of violence on premises

  2  licensed for pari-mutuel wagering.

  3         6.  Prearranging the outcome of any race or game.

  4         (b)  Professional regulation.--Notwithstanding s.

  5  120.57(1)(a), formal hearings may not be conducted by the

  6  Secretary of Business and Professional Regulation or a board

  7  or member of a board within the Department of Business and

  8  Professional Regulation for matters relating to the regulation

  9  of professions, as defined by chapter 455.

10         (5)  FLORIDA LAND AND WATER ADJUDICATORY

11  COMMISSION.--Notwithstanding the provisions of s.

12  120.57(1)(a), when the Florida Land and Water Adjudicatory

13  Commission receives a notice of appeal pursuant to s. 380.07,

14  the commission shall notify the division within 60 days after

15  receipt of the notice of appeal if the commission elects to

16  request the assignment of an administrative law judge.

17         (6)  DEPARTMENT OF LAW ENFORCEMENT.--Law enforcement

18  policies and procedures of the Department of Law Enforcement

19  which relate to the following are not rules as defined by this

20  chapter:

21         (a)  The collection, management, and dissemination of

22  active criminal intelligence information and active criminal

23  investigative information; management of criminal

24  investigations; and management of undercover investigations

25  and the selection, assignment, and fictitious identity of

26  undercover personnel.

27         (b)  The recruitment, management, identity, and

28  remuneration of confidential informants or sources.

29         (c)  Surveillance techniques, the selection of

30  surveillance personnel, and electronic surveillance, including

31

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  1  court-ordered and consensual interceptions of communication

  2  conducted pursuant to chapter 934.

  3         (d)  The safety and release of hostages.

  4         (e)  The provision of security and protection to public

  5  figures.

  6         (f)  The protection of witnesses.

  7         (7)  DEPARTMENT OF CHILDREN AND FAMILY

  8  SERVICES.--Notwithstanding s. 120.57(1)(a), hearings conducted

  9  within the Department of Children and Family Services in the

10  execution of those social and economic programs administered

11  by the former Division of Family Services of the former

12  Department of Health and Rehabilitative Services prior to the

13  reorganization effected by chapter 75-48, Laws of Florida,

14  need not be conducted by an administrative law judge assigned

15  by the division.

16         (8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--

17         (a)  Drivers' licenses.--

18         1.  Notwithstanding s. 120.57(1)(a), hearings regarding

19  drivers' licensing pursuant to chapter 322 need not be

20  conducted by an administrative law judge assigned by the

21  division.

22         2.  Notwithstanding s. 120.60(5), cancellation,

23  suspension, or revocation of a driver's license shall be by

24  personal delivery to the licensee or by first-class mail as

25  provided in s. 322.251.

26         (b)  Wrecker operators.--Notwithstanding s.

27  120.57(1)(a), hearings held by the Division of the Florida

28  Highway Patrol of the Department of Highway Safety and Motor

29  Vehicles to deny, suspend, or remove a wrecker operator from

30  participating in the wrecker rotation system established by s.

31  321.051 need not be conducted by an administrative law judge

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  1  assigned by the division. These hearings shall be held by a

  2  hearing officer appointed by the director of the Division of

  3  the Florida Highway Patrol.

  4         (9)  DEPARTMENT OF INSURANCE.--Notwithstanding s.

  5  120.60(1), every application for a certificate of authority as

  6  required by s. 624.401 shall be approved or denied within 180

  7  days after receipt of the original application. Any

  8  application for a certificate of authority which is not

  9  approved or denied within the 180-day period, or within 30

10  days after conclusion of a public hearing held on the

11  application, shall be deemed approved, subject to the

12  satisfactory completion of conditions required by statute as a

13  prerequisite to licensure.

14         (9)(10)  DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY.--

15         (a)  Unemployment compensation.--

16         1.  Notwithstanding s. 120.54, the rulemaking

17  provisions of this chapter do not apply to unemployment

18  compensation appeals referees.

19         2.  Notwithstanding s. 120.57(1)(a), hearings may be

20  conducted by the Unemployment Appeals Commission in

21  unemployment compensation appeals, unemployment compensation

22  appeals referees, and special deputies pursuant to s. 443.141.

23         (b)  Workers' compensation.--Notwithstanding s.

24  120.52(1), a judge of compensation claims, in the adjudication

25  of matters pursuant to chapter 440, shall not be considered an

26  agency or part of an agency for the purposes of this chapter.

27         (10)(11)  NATIONAL GUARD.--Notwithstanding s.

28  120.52(15), the enlistment, organization, administration,

29  equipment, maintenance, training, and discipline of the

30  militia, National Guard, organized militia, and unorganized

31

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  1  militia, as provided by s. 2, Art. X of the State

  2  Constitution, are not rules as defined by this chapter.

  3         (11)(12)  PUBLIC EMPLOYEES RELATIONS COMMISSION.--

  4         (a)  Notwithstanding s. 120.57(1)(a), hearings within

  5  the jurisdiction of the Public Employees Relations Commission

  6  need not be conducted by an administrative law judge assigned

  7  by the division.

  8         (b)  Section 120.60 does not apply to certification of

  9  employee organizations pursuant to s. 447.307.

10         (12)(13)  FLORIDA PUBLIC SERVICE COMMISSION.--

11         (a)  Agency statements that relate to cost-recovery

12  clauses, factors, or mechanisms implemented pursuant to

13  chapter 366, relating to public utilities, are exempt from the

14  provisions of s. 120.54(1)(a).

15         (b)  Notwithstanding ss. 120.569 and 120.57, a hearing

16  on an objection to proposed action of the Florida Public

17  Service Commission may only address the issues in dispute.

18  Issues in the proposed action which are not in dispute are

19  deemed stipulated.

20         (c)  The Florida Public Service Commission is exempt

21  from the time limitations in s. 120.60(1) when issuing a

22  license.

23         (d)  Notwithstanding the provisions of this chapter, in

24  implementing the Telecommunications Act of 1996, Pub. L. No.

25  104-104, the Public Service Commission is authorized to employ

26  procedures consistent with that act.

27         (e)  Notwithstanding the provisions of this chapter, s.

28  350.128, or s. 364.381, appellate jurisdiction for Public

29  Service Commission decisions that implement the

30  Telecommunications Act of 1996, Pub. L. No. 104-104, shall be

31  consistent with the provisions of that act.

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  1         (f)  Notwithstanding any provision of this chapter, all

  2  public utilities and companies regulated by the Public Service

  3  Commission shall be entitled to proceed under the interim rate

  4  provisions of chapter 364 or the procedures for interim rates

  5  contained in chapter 74-195, Laws of Florida, or as otherwise

  6  provided by law.

  7         (13)(14)  DEPARTMENT OF REVENUE.--

  8         (a)  Assessments.--An assessment of tax, penalty, or

  9  interest by the Department of Revenue is not a final order as

10  defined by this chapter. Assessments by the Department of

11  Revenue shall be deemed final as provided in the statutes and

12  rules governing the assessment and collection of taxes.

13         (b)  Taxpayer contest proceedings.--

14         1.  In any administrative proceeding brought pursuant

15  to this chapter as authorized by s. 72.011(1), the taxpayer

16  shall be designated the "petitioner" and the Department of

17  Revenue shall be designated the "respondent," except that for

18  actions contesting an assessment or denial of refund under

19  chapter 207, the Department of Highway Safety and Motor

20  Vehicles shall be designated the "respondent," and for actions

21  contesting an assessment or denial of refund under chapters

22  210, 550, 561, 562, 563, 564, and 565, the Department of

23  Business and Professional Regulation shall be designated the

24  "respondent."

25         2.  In any such administrative proceeding, the

26  applicable department's burden of proof, except as otherwise

27  specifically provided by general law, shall be limited to a

28  showing that an assessment has been made against the taxpayer

29  and the factual and legal grounds upon which the applicable

30  department made the assessment.

31

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  1         3.a.  Prior to filing a petition under this chapter,

  2  the taxpayer shall pay to the applicable department the amount

  3  of taxes, penalties, and accrued interest assessed by that

  4  department which are not being contested by the taxpayer.

  5  Failure to pay the uncontested amount shall result in the

  6  dismissal of the action and imposition of an additional

  7  penalty of 25 percent of the amount taxed.

  8         b.  The requirements of s. 72.011(2) and (3)(a) are

  9  jurisdictional for any action under this chapter to contest an

10  assessment or denial of refund by the Department of Revenue,

11  the Department of Highway Safety and Motor Vehicles, or the

12  Department of Business and Professional Regulation.

13         4.  Except as provided in s. 220.719, further

14  collection and enforcement of the contested amount of an

15  assessment for nonpayment or underpayment of any tax,

16  interest, or penalty shall be stayed beginning on the date a

17  petition is filed. Upon entry of a final order, an agency may

18  resume collection and enforcement action.

19         5.  The prevailing party, in a proceeding under ss.

20  120.569 and 120.57 authorized by s. 72.011(1), may recover all

21  legal costs incurred in such proceeding, including reasonable

22  attorney's fees, if the losing party fails to raise a

23  justiciable issue of law or fact in its petition or response.

24         6.  Upon review pursuant to s. 120.68 of final agency

25  action concerning an assessment of tax, penalty, or interest

26  with respect to a tax imposed under chapter 212, or the denial

27  of a refund of any tax imposed under chapter 212, if the court

28  finds that the Department of Revenue improperly rejected or

29  modified a conclusion of law, the court may award reasonable

30  attorney's fees and reasonable costs of the appeal to the

31  prevailing appellant.

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  1         (c)  Proceedings for administrative child support

  2  orders.--Notwithstanding the provisions of s. 120.569 or s.

  3  120.57 to the contrary, in proceedings for the establishment

  4  of administrative support orders pursuant to s. 409.2563,

  5  final orders in cases referred by the Department of Revenue to

  6  the Division of Administrative Hearings shall be entered by

  7  the division's administrative law judge and transmitted to the

  8  Department of Revenue for filing and indexing.  The Department

  9  of Revenue has the right to seek judicial review of a final

10  order entered by an administrative law judge.  Administrative

11  support orders rendered pursuant to s. 409.2563 may be

12  enforced pursuant to s. 120.69 or, alternatively, by any

13  method prescribed by law for the enforcement of judicial

14  support orders, except contempt.

15         (14)(15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

16  120.57(1)(a), formal hearings may not be conducted by the

17  Secretary of Health, the Secretary of Health Care

18  Administration, or a board or member of a board within the

19  Department of Health or the Agency for Health Care

20  Administration for matters relating to the regulation of

21  professions, as defined by chapter 456. Notwithstanding s.

22  120.57(1)(a), hearings conducted within the Department of

23  Health in execution of the Special Supplemental Nutrition

24  Program for Women, Infants, and Children; Child Care Food

25  Program; Children's Medical Services Program; the Brain and

26  Spinal Cord Injury Program; and the exemption from

27  disqualification reviews for certified nurse assistants

28  program need not be conducted by an administrative law judge

29  assigned by the division. The Department of Health may

30  contract with the Department of Children and Family Services

31  for a hearing officer in these matters.

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  1         (15)(16)  DEPARTMENT OF ENVIRONMENTAL

  2  PROTECTION.--Notwithstanding the provisions of s.

  3  120.54(1)(d), the Department of Environmental Protection, in

  4  undertaking rulemaking to establish best available control

  5  technology, lowest achievable emissions rate, or case-by-case

  6  maximum available control technology for purposes of s.

  7  403.08725, shall not adopt the lowest regulatory cost

  8  alternative if such adoption would prevent the agency from

  9  implementing federal requirements.

10         (16)(17)  FLORIDA BUILDING COMMISSION.--

11         (a)  Notwithstanding the provisions of s. 120.542, the

12  Florida Building Commission may not accept a petition for

13  waiver or variance and may not grant any waiver or variance

14  from the requirements of the Florida Building Code.

15         (b)  The Florida Building Commission shall adopt within

16  the Florida Building Code criteria and procedures for

17  alternative means of compliance with the code or local

18  amendments thereto, for enforcement by local governments,

19  local enforcement districts, or other entities authorized by

20  law to enforce the Florida Building Code. Appeals from the

21  denial of the use of alternative means shall be heard by the

22  local board, if one exists, and may be appealed to the Florida

23  Building Commission.

24         Section 147.  Section 121.0312, Florida Statutes, is

25  amended to read:

26         121.0312  Review; actuarial valuation report;

27  contribution rate determination process.--The Governor, Chief

28  Financial Officer Comptroller, and Attorney General Treasurer,

29  sitting as the Board of Trustees of the State Board of

30  Administration, shall review the actuarial valuation report

31  prepared in accordance with the provisions of this chapter.

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  1  The board shall review the process by which Florida Retirement

  2  System contribution rates are determined and recommend and

  3  submit any comments regarding the process to the Legislature.

  4         Section 148.  Paragraph (e) of subsection (1) of

  5  section 121.055, Florida Statutes, is amended to read:

  6         121.055  Senior Management Service Class.--There is

  7  hereby established a separate class of membership within the

  8  Florida Retirement System to be known as the "Senior

  9  Management Service Class," which shall become effective

10  February 1, 1987.

11         (1)

12         (e)  Effective January 1, 1991, participation in the

13  Senior Management Service Class shall be compulsory for the

14  number of senior managers who have policymaking authority with

15  the State Board of Administration, as determined by the

16  Governor, Chief Financial Officer Treasurer, and Attorney

17  General Comptroller acting as the State Board of

18  Administration, unless such member elects to participate in

19  the Senior Management Service Optional Annuity Program as

20  established in subsection (6) in lieu of participation in the

21  Senior Management Service Class. Such election shall be made

22  in writing and filed with the division and the personnel

23  officer of the State Board of Administration within 90 days

24  after becoming eligible for membership in the Senior

25  Management Service Class.

26         Section 149.  Paragraph (a) of subsection (2) of

27  section 121.061, Florida Statutes, is amended to read:

28         121.061  Funding.--

29         (2)(a)  Should any employer other than a state employer

30  fail to make the retirement and social security contributions,

31  both member and employer contributions, required by this

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  1  chapter, then, upon request by the administrator, the

  2  Department of Revenue or the Department of Financial Services

  3  Banking and Finance, as the case may be, shall deduct the

  4  amount owed by the employer from any funds to be distributed

  5  by it to the county, city, special district, or consolidated

  6  form of government.  The amounts so deducted shall be

  7  transferred to the administrator for further distribution to

  8  the trust funds in accordance with this chapter.

  9         Section 150.  Section 121.133, Florida Statutes, is

10  amended to read:

11         121.133  Cancellation of uncashed

12  warrants.--Notwithstanding the provisions of s. 17.26 or s.

13  717.123 to the contrary, effective July 1, 1998, if any state

14  warrant issued by the Chief Financial Officer Comptroller for

15  the payment of retirement benefits from the Florida Retirement

16  System Trust Fund, or any other pension trust fund

17  administered by the department, is not presented for payment

18  within 1 year after the last day of the month in which it was

19  originally issued, the Chief Financial Officer Comptroller

20  shall cancel the benefit warrant and credit the amount of the

21  warrant to the Florida Retirement System Trust Fund or other

22  pension trust fund administered by the department, as

23  appropriate. The department may provide for issuance of a

24  replacement warrant when deemed appropriate.

25         Section 151.  Paragraph (b) of subsection (12) of

26  section 121.4501, Florida Statutes, is amended to read:

27         121.4501  Public Employee Optional Retirement

28  Program.--

29         (12)  ADVISORY COMMITTEES TO PROVIDE ADVICE AND

30  ASSISTANCE.--The Investment Advisory Council and the Public

31  Employee Optional Retirement Program Advisory Committee shall

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  1  assist the board in implementing and administering the Public

  2  Employee Optional Retirement Program.

  3         (b)1.  The Public Employee Optional Retirement Program

  4  Advisory Committee shall be composed of seven members. The

  5  President of the Senate shall appoint two members, the Speaker

  6  of the House of Representatives shall appoint two members, the

  7  Governor shall appoint two members one member, the Treasurer

  8  shall appoint one member, and the Chief Financial Officer

  9  Comptroller shall appoint one member. On January 7, 2003, the

10  term of office of the member appointed by the Treasurer and of

11  the member appointed by the Comptroller expires; and the Chief

12  Financial Officer shall choose one of those members for

13  reappointment for the remainder of the term. The members of

14  the advisory committee shall elect a member as chair. The

15  appointments shall be made by September 1, 2000, and the

16  committee shall meet to organize by October 1, 2000. The

17  initial appointments shall be for a term of 24 months. Each

18  appointing authority shall fill any vacancy occurring among

19  its appointees for the remainder of the original term.

20         2.  The advisory committee shall make recommendations

21  on the selection of the third-party administrator, the

22  education providers, and the investment products and

23  providers. The committee's recommendations on the third-party

24  administrator must be forwarded to the Trustees of the State

25  Board of Administration by January 1, 2001. The

26  recommendations on the education providers must be forwarded

27  to the trustees by April 1, 2001.

28         3.  The advisory committee's recommendations and

29  activities shall be guided by the best interests of the

30  employees, considering the interests of employers, and the

31

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  1  intent of the Legislature in establishing the Public Employee

  2  Optional Retirement Program.

  3         4.  The staff of the state board and the department

  4  shall assist the advisory committee.

  5         Section 152.  Paragraphs (a) and (b) of subsection (11)

  6  of section 125.0104, Florida Statutes, are amended to read:

  7         125.0104  Tourist development tax; procedure for

  8  levying; authorized uses; referendum; enforcement.--

  9         (11)  INTEREST PAID ON DISTRIBUTIONS.--

10         (a)  Interest shall be paid on undistributed taxes

11  collected and remitted to the Department of Revenue under this

12  section.  Such interest shall be included along with the tax

13  proceeds distributed to the counties and shall be paid from

14  moneys transferred from the General Revenue Fund.  The

15  department shall calculate the interest for net tax

16  distributions using the average daily rate that was earned by

17  the State Treasury for the preceding calendar quarter and paid

18  to the General Revenue Fund.  This rate shall be certified by

19  the Chief Financial Officer Treasurer to the department by the

20  20th day following the close of each quarter.

21         (b)  The interest applicable to taxes collected under

22  this section shall be calculated by multiplying the tax

23  amounts to be distributed times the daily rate times the

24  number of days after the third working day following the date

25  the tax is due and payable pursuant to s. 212.11 until the

26  date the department issues a voucher to request the Chief

27  Financial Officer Comptroller to issue the payment warrant.

28  The warrant shall be issued within 7 days after the request.

29         Section 153.  Paragraph (b) of subsection (2) of

30  section 129.201, Florida Statutes, is amended to read:

31

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  1         129.201  Budget of supervisor of elections; manner and

  2  time of preparation and presentation.--

  3         (2)

  4         (b)  To the extent appropriate, the budget shall be

  5  further itemized in conformance with the Uniform Accounting

  6  System for Local Units of Government in Florida adopted

  7  promulgated by rule of the Chief Financial Officer Comptroller

  8  of the state.

  9         Section 154.  Section 131.05, Florida Statutes, is

10  amended to read:

11         131.05  Disposition of proceeds of sale.--In the event

12  refunding bonds are issued under the provisions of this

13  chapter prior to the date of maturity or option date of the

14  obligations proposed to be refunded, the proceeds of said

15  refunding bonds shall be deposited in a bank or trust company

16  within the state, which depository shall give a surety bond,

17  or other such bonds as are authorized by law to be accepted

18  for securing county and city funds, satisfactory to the

19  Department of Financial Services Banking and Finance for the

20  full amount of money so deposited, and the funds so deposited

21  shall only be withdrawn with the approval of the department,

22  for the purpose of paying the obligations to refund which said

23  bonds were issued.

24         Section 155.  Section 137.09, Florida Statutes, is

25  amended to read:

26         137.09  Justification and approval of bonds.--Each

27  surety upon every bond of any county officer shall make

28  affidavit that he or she is a resident of the county for which

29  the officer is to be commissioned, and that he or she has

30  sufficient visible property therein unencumbered and not

31  exempt from sale under legal process to make good his or her

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  1  bond.  Every such bond shall be approved by the board of

  2  county commissioners and by the Department of Financial

  3  Services Banking and Finance when they and it are satisfied in

  4  their judgment that the same is legal, sufficient, and proper

  5  to be approved.

  6         Section 156.  Section 145.141, Florida Statutes, is

  7  amended to read:

  8         145.141  Deficiency to be paid by board of county

  9  commissioners.--Should any county officer have insufficient

10  revenue from the income of his or her office, after paying

11  office personnel and expenses, to pay his or her total annual

12  salary, the board of county commissioners shall pay any

13  deficiency in salary from the general revenue fund and notify

14  the Department of Financial Services Banking and Finance.  The

15  deficiency shall be listed in the comptroller's annual report

16  of county finances and county fee officers.

17         Section 157.  Subsections (1) and (2) of section

18  154.02, Florida Statutes, are amended to read:

19         154.02  County Health Department Trust Fund.--

20         (1)  To enable counties to provide public health

21  services and maintain public health equipment and facilities,

22  each county in the state with a population exceeding 100,000,

23  according to the last state census, may levy an annual tax not

24  exceeding 0.5 mill; each county in the state with a population

25  exceeding 40,000 and not exceeding 100,000, according to the

26  last state census, may levy an annual tax not exceeding 1

27  mill; and each county in the state with a population not

28  exceeding 40,000, according to the last state census, may levy

29  an annual tax not exceeding 2 mills, on the dollar on all

30  taxable property in such county, the proceeds of which tax, if

31  so contracted with the state, shall be paid to the Chief

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  1  Financial Officer Treasurer. However, the board of county

  2  commissioners may elect to pay in 12 equal monthly

  3  installments. Such funds in the hands of the Chief Financial

  4  Officer Treasurer shall be placed in the county health

  5  department trust funds of the county by which such funds were

  6  raised, and such funds shall be expended by the Department of

  7  Health solely for the purpose of carrying out the intent and

  8  object of the public health contract.

  9         (2)  The Chief Financial Officer Treasurer shall

10  maintain a full-time County Health Department Trust Fund which

11  shall contain all state and local funds to be expended by

12  county health departments.  Such funds shall be expended by

13  the Department of Health solely for the purposes of carrying

14  out the intent and purpose of this part. Federal funds may be

15  deposited in the trust fund.

16         Section 158.  Subsection (1) of section 154.03, Florida

17  Statutes, is amended to read:

18         154.03  Cooperation with Department of Health and

19  United States Government.--

20         (1)  The county commissioners of any county may agree

21  with the Department of Health upon the expenditure by the

22  department in such county of any funds allotted for that

23  purpose by the department or received by it for such purposes

24  from private contributions or other sources, and such funds

25  shall be paid to the Chief Financial Officer Treasurer and

26  shall form a part of the full-time county health department

27  trust fund of such county; and such funds shall be expended by

28  the department solely for the purposes of this chapter.  The

29  department is further authorized to arrange and agree with the

30  United States Government, through its duly authorized

31  officials, for the allocation and expenditure by the United

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  1  States of funds of the United States in the study of causes of

  2  disease and prevention thereof in such full-time county health

  3  departments when and where established by the department under

  4  this part.

  5         Section 159.  Section 154.05, Florida Statutes, is

  6  amended to read:

  7         154.05  Cooperation and agreements between

  8  counties.--Two or more counties may combine in the

  9  establishment and maintenance of a single full-time county

10  health department for the counties which combine for that

11  purpose; and, pursuant to such combination or agreement, such

12  counties may cooperate with one another and the Department of

13  Health and contribute to a joint fund in carrying out the

14  purpose and intent of this chapter.  The duration and nature

15  of such agreement shall be evidenced by resolutions of the

16  boards of county commissioners of such counties and shall be

17  submitted to and approved by the department.  In the event of

18  any such agreement, a full-time county health department shall

19  be established and maintained by the department in and for the

20  benefit of the counties which have entered into such an

21  agreement; and, in such case, the funds raised by taxation

22  pursuant to this chapter by each such county shall be paid to

23  the Chief Financial Officer Treasurer for the account of the

24  department and shall be known as the full-time county health

25  department trust fund of the counties so cooperating. Such

26  trust funds shall be used and expended by the department for

27  the purposes specified in this chapter in each county which

28  has entered into such agreement.  In case such an agreement is

29  entered into between two or more counties, the work

30  contemplated by this chapter shall be done by a single

31  full-time county health department in the counties so

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  1  cooperating; and the nature, extent, and location of such work

  2  shall be under the control and direction of the department.

  3         Section 160.  Subsection (2) of section 154.06, Florida

  4  Statutes, is amended to read:

  5         154.06  Fees and services rendered; authority.--

  6         (2)  All funds collected under this section shall be

  7  expended solely for the purpose of providing health services

  8  and facilities within the county served by the county health

  9  department. Fees collected by county health departments

10  pursuant to department rules shall be deposited with the Chief

11  Financial Officer Treasurer and credited to the County Health

12  Department Trust Fund. Fees collected by the county health

13  department for public health services or personal health

14  services shall be allocated to the state and the county based

15  upon the pro rata share of funding for each such service. The

16  board of county commissioners, if it has so contracted, shall

17  provide for the transmittal of funds collected for its pro

18  rata share of personal health services or primary care

19  services rendered under the provisions of this section to the

20  State Treasury for credit to the County Health Department

21  Trust Fund, but in any event the proceeds from such fees may

22  only be used to fund county health department services.

23         Section 161.  Paragraphs (d) and (e) of subsection (17)

24  of section 154.209, Florida Statutes, are amended to read:

25         154.209  Powers of authority.--The purpose of the

26  authority shall be to assist health facilities in the

27  acquisition, construction, financing, and refinancing of

28  projects in any corporated or unincorporated area within the

29  geographical limits of the local agency.  For this purpose,

30  the authority is authorized and empowered:

31

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  1         (17)  To issue special obligation revenue bonds for the

  2  purpose of establishing and maintaining the self-insurance

  3  pool and to provide reserve funds in connection therewith,

  4  such bonds to be payable from funds available in the pool from

  5  time to time or from assessments against participating health

  6  facilities for the purpose of providing required contributions

  7  to the fund. With respect to the issuance of such bonds or

  8  notes the following provisions shall apply:

  9         (d)  Any self-insurance pool funded pursuant to this

10  section shall maintain excess insurance which provides

11  specific and aggregate limits and a retention level determined

12  in accordance with sound actuarial principles. The Department

13  of Financial Services Insurance may waive this requirement if

14  the fund demonstrates that its operation is and will be

15  actuarially sound without obtaining excess insurance.

16         (e)  Prior to the issuance of any bonds pursuant to

17  this section for the purpose of acquiring liability coverage

18  contracts from the self-insurance pool, the Department of

19  Financial Services Insurance shall certify that excess

20  liability coverage for the health facility is reasonably

21  unobtainable in the amounts provided by such pool or that the

22  liability coverage obtained through acquiring contracts from

23  the self-insurance pool, after taking into account costs of

24  issuance of bonds and any other administrative fees, is less

25  expensive to the health facility than similar commercial

26  coverage then reasonably available.

27         Section 162.  Section 154.314, Florida Statutes, is

28  amended to read:

29         154.314  Certification of the State of Florida.--

30         (1)  In the event payment for the costs of services

31  rendered by a participating hospital or a regional referral

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  1  hospital is not received from the responsible county within 90

  2  days of receipt of a statement for services rendered to a

  3  qualified indigent who is a certified resident of the county,

  4  or if the payment is disputed and said payment is not received

  5  from the county determined to be responsible within 60 days of

  6  the date of exhaustion of all administrative and legal

  7  remedies, the hospital shall certify to the Chief Financial

  8  Officer Comptroller the amount owed by the county.

  9         (2)  The Chief Financial Officer Comptroller shall have

10  no longer than 45 days from the date of receiving the

11  hospital's certified notice to forward the amount delinquent

12  to the appropriate hospital from any funds due to the county

13  under any revenue-sharing or tax-sharing fund established by

14  the state, except as otherwise provided by the State

15  Constitution.  The Chief Financial Officer Comptroller shall

16  provide the Governor and the fiscal committees in the House of

17  Representatives and the Senate with a quarterly accounting of

18  the amounts certified by hospitals as owed by counties and the

19  amount paid to hospitals out of any revenue or tax sharing

20  funds due to the county.

21         Section 163.  Paragraph (e) of subsection (7) of

22  section 163.01, Florida Statutes, is amended to read:

23         163.01  Florida Interlocal Cooperation Act of 1969.--

24         (7)

25         (e)1.  Notwithstanding the provisions of paragraph (c),

26  any separate legal entity, created pursuant to the provisions

27  of this section and controlled by counties or municipalities

28  of this state, the membership of which consists or is to

29  consist only of public agencies of this state, may, for the

30  purpose of financing acquisition of liability coverage

31  contracts from one or more local government liability pools to

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  1  provide liability coverage for counties, municipalities, or

  2  other public agencies of this state, exercise all powers in

  3  connection with the authorization, issuance, and sale of

  4  bonds. All of the privileges, benefits, powers, and terms of

  5  s. 125.01 relating to counties and s. 166.021 relating to

  6  municipalities shall be fully applicable to such entity and

  7  such entity shall be considered a unit of local government for

  8  all of the privileges, benefits, powers, and terms of part I

  9  of chapter 159.  Bonds issued by such entity shall be deemed

10  issued on behalf of counties, municipalities, or public

11  agencies which enter into loan agreements with such entity as

12  provided in this paragraph. Proceeds of bonds issued by such

13  entity may be loaned to counties, municipalities, or other

14  public agencies of this state, whether or not such counties,

15  municipalities, or other public agencies are also members of

16  the entity issuing the bonds, and such counties,

17  municipalities, or other public agencies may in turn deposit

18  such loan proceeds with a separate local government liability

19  pool for purposes of acquiring liability coverage contracts.

20         2.  Counties or municipalities of this state are

21  authorized pursuant to this section, in addition to the

22  authority provided by s. 125.01, part II of chapter 166, and

23  other applicable law, to issue bonds for the purpose of

24  acquiring liability coverage contracts from a local government

25  liability pool. Any individual county or municipality may, by

26  entering into interlocal agreements with other counties,

27  municipalities, or public agencies of this state, issue bonds

28  on behalf of itself and other counties, municipalities, or

29  other public agencies, for purposes of acquiring a liability

30  coverage contract or contracts from a local government

31  liability pool.  Counties, municipalities, or other public

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  1  agencies are also authorized to enter into loan agreements

  2  with any entity created pursuant to subparagraph 1., or with

  3  any county or municipality issuing bonds pursuant to this

  4  subparagraph, for the purpose of obtaining bond proceeds with

  5  which to acquire liability coverage contracts from a local

  6  government liability pool.  No county, municipality, or other

  7  public agency shall at any time have more than one loan

  8  agreement outstanding for the purpose of obtaining bond

  9  proceeds with which to acquire liability coverage contracts

10  from a local government liability pool. Obligations of any

11  county, municipality, or other public agency of this state

12  pursuant to a loan agreement as described above may be

13  validated as provided in chapter 75.  Prior to the issuance of

14  any bonds pursuant to subparagraph 1. or this subparagraph for

15  the purpose of acquiring liability coverage contracts from a

16  local government liability pool, the reciprocal insurer or the

17  manager of any self-insurance program shall demonstrate to the

18  satisfaction of the Department of Financial Services Insurance

19  that excess liability coverage for counties, municipalities,

20  or other public agencies is reasonably unobtainable in the

21  amounts provided by such pool or that the liability coverage

22  obtained through acquiring contracts from a local government

23  liability pool, after taking into account costs of issuance of

24  bonds and any other administrative fees, is less expensive to

25  counties, municipalities, or special districts than similar

26  commercial coverage then reasonably available.

27         3.  Any entity created pursuant to this section or any

28  county or municipality may also issue bond anticipation notes,

29  as provided by s. 215.431, in connection with the

30  authorization, issuance, and sale of such bonds.  In addition,

31  the governing body of such legal entity or the governing body

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  1  of such county or municipality may also authorize bonds to be

  2  issued and sold from time to time and may delegate, to such

  3  officer, official, or agent of such legal entity as the

  4  governing body of such legal entity may select, the power to

  5  determine the time; manner of sale, public or private;

  6  maturities; rate or rates of interest, which may be fixed or

  7  may vary at such time or times and in accordance with a

  8  specified formula or method of determination; and other terms

  9  and conditions as may be deemed appropriate by the officer,

10  official, or agent so designated by the governing body of such

11  legal entity. However, the amounts and maturities of such

12  bonds and the interest rate or rates of such bonds shall be

13  within the limits prescribed by the governing body of such

14  legal entity and its resolution delegating to such officer,

15  official, or agent the power to authorize the issuance and

16  sale of such bonds.  Any series of bonds issued pursuant to

17  this paragraph shall mature no later than 7 years following

18  the date of issuance thereof.

19         4.  Bonds issued pursuant to subparagraph 1. may be

20  validated as provided in chapter 75.  The complaint in any

21  action to validate such bonds shall be filed only in the

22  Circuit Court for Leon County.  The notice required to be

23  published by s. 75.06 shall be published in Leon County and in

24  each county which is an owner of the entity issuing the bonds,

25  or in which a member of the entity is located, and the

26  complaint and order of the circuit court shall be served only

27  on the State Attorney of the Second Judicial Circuit and on

28  the state attorney of each circuit in each county or

29  municipality which is an owner of the entity issuing the bonds

30  or in which a member of the entity is located.

31

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  1         5.  Bonds issued pursuant to subparagraph 2. may be

  2  validated as provided in chapter 75. The complaint in any

  3  action to validate such bonds shall be filed in the circuit

  4  court of the county or municipality which will issue the

  5  bonds.  The notice required to be published by s. 75.06 shall

  6  be published only in the county where the complaint is filed,

  7  and the complaint and order of the circuit court shall be

  8  served only on the state attorney of the circuit in the county

  9  or municipality which will issue the bonds.

10         6.  The participation by any county, municipality, or

11  other public agency of this state in a local government

12  liability pool shall not be deemed a waiver of immunity to the

13  extent of liability coverage, nor shall any contract entered

14  regarding such a local government liability pool be required

15  to contain any provision for waiver.

16         Section 164.  Subsections (4), (5), (6), (7), (8), and

17  (9) of section 163.05, Florida Statutes, are amended to read:

18         163.05  Small County Technical Assistance Program.--

19         (4)  The Chief Financial Officer Comptroller shall

20  enter into contracts with program providers who shall:

21         (a)  Be a public agency or private, nonprofit

22  corporation, association, or entity.

23         (b)  Use existing resources, services, and information

24  that are available from state or local agencies, universities,

25  or the private sector.

26         (c)  Seek and accept funding from any public or private

27  source.

28         (d)  Annually submit information to assist the

29  Legislative Committee on Intergovernmental Relations in

30  preparing a performance review that will include an analysis

31  of the effectiveness of the program.

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  1         (e)  Assist small counties in developing alternative

  2  revenue sources.

  3         (f)  Provide assistance to small counties in the areas

  4  of financial management, accounting, investing, purchasing,

  5  planning and budgeting, debt issuance, public management,

  6  management systems, computers and information technology, and

  7  public safety management.

  8         (g)  Provide for an annual independent financial audit

  9  of the program.

10         (h)  In each county served, conduct a needs assessment

11  upon which the assistance provided for that county will be

12  designed.

13         (5)(a)  The Chief Financial Officer Comptroller shall

14  issue a request for proposals to provide assistance to small

15  counties.  At the request of the Chief Financial Officer

16  Comptroller, the Legislative Committee on Intergovernmental

17  Relations shall assist in the preparation of the request for

18  proposals.

19         (b)  The Chief Financial Officer Comptroller shall

20  review each contract proposal submitted.

21         (c)  The Legislative Committee on Intergovernmental

22  Relations shall review each contract proposal and submit to

23  the Chief Financial Officer Comptroller, in writing, advisory

24  comments and recommendations, citing with specificity the

25  reasons for its recommendations.

26         (d)  The Chief Financial Officer Comptroller and the

27  council shall consider the following factors in reviewing

28  contract proposals:

29         1.  The demonstrated capacity of the provider to

30  conduct needs assessments and implement the program as

31  proposed.

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  1         2.  The number of small counties to be served under the

  2  proposal.

  3         3.  The cost of the program as specified in a proposed

  4  budget.

  5         4.  The short-term and long-term benefits of the

  6  assistance to small counties.

  7         5.  The form and extent to which existing resources,

  8  services, and information that are available from state and

  9  local agencies, universities, and the private sector will be

10  used by the provider under the contract.

11         (6)  A decision of the Chief Financial Officer

12  Comptroller to award a contract under this section is final

13  and shall be in writing with a copy provided to the

14  Legislative Committee on Intergovernmental Relations.

15         (7)  The Chief Financial Officer Comptroller may enter

16  into contracts and agreements with other state and local

17  agencies and with any person, association, corporation, or

18  entity other than the program providers, for the purpose of

19  administering this section.

20         (8)  The Chief Financial Officer Comptroller shall

21  provide fiscal oversight to ensure that funds expended for the

22  program are used in accordance with the contracts entered into

23  pursuant to subsection (4).

24         (9)  The Legislative Committee on Intergovernmental

25  Relations shall annually conduct a performance review of the

26  program.  The findings of the review shall be presented in a

27  report submitted to the Governor, the President of the Senate,

28  the Speaker of the House of Representatives, and the Chief

29  Financial Officer Comptroller by January 15 of each year.

30         Section 165.  Subsections (4), (5), (6), (7), (8), and

31  (9) of section 163.055, Florida Statutes, are amended to read:

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  1         163.055  Local Government Financial Technical

  2  Assistance Program.--

  3         (4)  The Chief Financial Officer Comptroller shall

  4  enter into contracts with program providers who shall:

  5         (a)  Be a public agency or private, nonprofit

  6  corporation, association, or entity.

  7         (b)  Use existing resources, services, and information

  8  that are available from state or local agencies, universities,

  9  or the private sector.

10         (c)  Seek and accept funding from any public or private

11  source.

12         (d)  Annually submit information to assist the

13  Legislative Committee on Intergovernmental Relations in

14  preparing a performance review that will include an analysis

15  of the effectiveness of the program.

16         (e)  Assist municipalities and independent special

17  districts in developing alternative revenue sources.

18         (f)  Provide for an annual independent financial audit

19  of the program, if the program receives funding.

20         (g)  Provide assistance to municipalities and special

21  districts in the areas of financial management, accounting,

22  investing, budgeting, and debt issuance.

23         (h)  Develop a needs assessment to determine where

24  assistance should be targeted, and to establish a priority

25  system to deliver assistance to those jurisdictions most in

26  need through the most economical means available.

27         (i)  Provide financial emergency assistance upon

28  direction from the Executive Office of the Governor pursuant

29  to s. 218.503.

30         (5)(a)  The Chief Financial Officer Comptroller shall

31  issue a request for proposals to provide assistance to

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  1  municipalities and special districts.  At the request of the

  2  Chief Financial Officer Comptroller, the Legislative Committee

  3  on Intergovernmental Relations shall assist in the preparation

  4  of the request for proposals.

  5         (b)  The Chief Financial Officer Comptroller shall

  6  review each contract proposal submitted.

  7         (c)  The Legislative Committee on Intergovernmental

  8  Relations shall review each contract proposal and submit to

  9  the Chief Financial Officer Comptroller, in writing, advisory

10  comments and recommendations, citing with specificity the

11  reasons for its recommendations.

12         (d)  The Chief Financial Officer Comptroller and the

13  Legislative Committee on Intergovernmental Relations shall

14  consider the following factors in reviewing contract

15  proposals:

16         1.  The demonstrated capacity of the provider to

17  conduct needs assessments and implement the program as

18  proposed.

19         2.  The number of municipalities and special districts

20  to be served under the proposal.

21         3.  The cost of the program as specified in a proposed

22  budget.

23         4.  The short-term and long-term benefits of the

24  assistance to municipalities and special districts.

25         5.  The form and extent to which existing resources,

26  services, and information that are available from state and

27  local agencies, universities, and the private sector will be

28  used by the provider under the contract.

29         (6)  A decision of the Chief Financial Officer

30  Comptroller to award a contract under this section is final

31

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  1  and shall be in writing with a copy provided to the

  2  Legislative Committee on Intergovernmental Relations.

  3         (7)  The Chief Financial Officer Comptroller may enter

  4  into contracts and agreements with other state and local

  5  agencies and with any person, association, corporation, or

  6  entity other than the program providers, for the purpose of

  7  administering this section.

  8         (8)  The Chief Financial Officer Comptroller shall

  9  provide fiscal oversight to ensure that funds expended for the

10  program are used in accordance with the contracts entered into

11  pursuant to subsection (4).

12         (9)  The Legislative Committee on Intergovernmental

13  Relations shall annually conduct a performance review of the

14  program.  The findings of the review shall be presented in a

15  report submitted to the Governor, the President of the Senate,

16  the Speaker of the House of Representatives, and the Chief

17  Financial Officer Comptroller by January 15 of each year.

18         Section 166.  Subsection (6) of section 163.3167,

19  Florida Statutes, is amended to read:

20         163.3167  Scope of act.--

21         (6)  When a regional planning agency is required to

22  prepare or amend a comprehensive plan, or element or portion

23  thereof, pursuant to subsections (3) and (4), the regional

24  planning agency and the local government may agree to a method

25  of compensating the regional planning agency for any

26  verifiable, direct costs incurred.  If an agreement is not

27  reached within 6 months after the date the regional planning

28  agency assumes planning responsibilities for the local

29  government pursuant to subsections (3) and (4) or by the time

30  the plan or element, or portion thereof, is completed,

31  whichever is earlier, the regional planning agency shall file

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  1  invoices for verifiable, direct costs involved with the

  2  governing body.  Upon the failure of the local government to

  3  pay such invoices within 90 days, the regional planning agency

  4  may, upon filing proper vouchers with the Chief Financial

  5  Officer State Comptroller, request payment by the Chief

  6  Financial Officer State Comptroller from unencumbered revenue

  7  or other tax sharing funds due such local government from the

  8  state for work actually performed, and the Chief Financial

  9  Officer State Comptroller shall pay such vouchers; however,

10  the amount of such payment shall not exceed 50 percent of such

11  funds due such local government in any one year.

12         Section 167.  Subsection (1) of section 175.101,

13  Florida Statutes, is amended to read:

14         175.101  State excise tax on property insurance

15  premiums authorized; procedure.--For any municipality, special

16  fire control district, chapter plan, local law municipality,

17  local law special fire control district, or local law plan

18  under this chapter:

19         (1)  Each municipality or special fire control district

20  in this state described and classified in s. 175.041, having a

21  lawfully established firefighters' pension trust fund or

22  municipal fund or special fire control district fund, by

23  whatever name known, providing pension benefits to

24  firefighters as provided under this chapter, may assess and

25  impose on every insurance company, corporation, or other

26  insurer now engaged in or carrying on, or who shall

27  hereinafter engage in or carry on, the business of property

28  insurance as shown by the records of the Department of

29  Financial Services Insurance an excise tax in addition to any

30  lawful license or excise tax now levied by each of the

31  municipalities or special fire control districts,

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  1  respectively, amounting to 1.85 percent of the gross amount of

  2  receipts of premiums from policyholders on all premiums

  3  collected on property insurance policies covering property

  4  within the corporate limits of such municipalities or within

  5  the legally defined boundaries of special fire control

  6  districts, respectively.  Whenever the boundaries of a special

  7  fire control district that has lawfully established a

  8  firefighters' pension trust fund encompass a portion of the

  9  corporate territory of a municipality that has also lawfully

10  established a firefighters' pension trust fund, that portion

11  of the tax receipts attributable to insurance policies

12  covering property situated both within the municipality and

13  the special fire control district shall be given to the fire

14  service provider. The agent shall identify the fire service

15  provider on the property owner's application for insurance.

16  Remaining revenues collected pursuant to this chapter shall be

17  distributed to the municipality or special fire control

18  district according to the location of the insured property.

19         Section 168.  Subsection (2) of section 175.121,

20  Florida Statutes, is amended to read:

21         175.121  Department of Revenue and Division of

22  Retirement to keep accounts of deposits; disbursements.--For

23  any municipality or special fire control district having a

24  chapter or local law plan established pursuant to this

25  chapter:

26         (2)  The Chief Financial Officer Comptroller shall, on

27  or before July 1 of each year, and at such other times as

28  authorized by the division, draw his or her warrants on the

29  full net amount of money then on deposit in the Police and

30  Firefighters' Premium Tax Trust Fund pursuant to this chapter,

31  specifying the municipalities and special fire control

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  1  districts to which the moneys must be paid and the net amount

  2  collected for and to be paid to each municipality or special

  3  fire control district, respectively, subject to the limitation

  4  on disbursement under s. 175.122. The sum payable to each

  5  municipality or special fire control district is appropriated

  6  annually out of the Police and Firefighters' Premium Tax Trust

  7  Fund. The warrants of the Chief Financial Officer Comptroller

  8  shall be payable to the respective municipalities and special

  9  fire control districts entitled to receive them and shall be

10  remitted annually by the division to the respective

11  municipalities and special fire control districts.  In lieu

12  thereof, the municipality or special fire control district may

13  provide authorization to the division for the direct payment

14  of the premium tax to the board of trustees. In order for a

15  municipality or special fire control district and its pension

16  fund to participate in the distribution of premium tax moneys

17  under this chapter, all the provisions shall be complied with

18  annually, including state acceptance pursuant to part VII of

19  chapter 112.

20         Section 169.  Section 175.151, Florida Statutes, is

21  amended to read:

22         175.151  Penalty for failure of insurers to comply with

23  this act.--If Should any insurance company, corporation or

24  other insurer fails fail to comply with the provisions of this

25  act, on or before March 1 of each year as herein provided, the

26  certificate of authority issued to said insurance company,

27  corporation or other insurer to transact business in this

28  state may be canceled and revoked by the Department of

29  Financial Services Insurance, and it is unlawful for any such

30  insurance company, corporation, or other insurer to transact

31  business thereafter in this state unless such insurance

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  1  company, corporation, or other insurer shall be granted a new

  2  certificate of authority to transact any business in this

  3  state, in compliance with provisions of law authorizing such

  4  certificate of authority to be issued. The division is

  5  responsible for notifying the Department of Financial Services

  6  Insurance regarding any such failure to comply.

  7         Section 170.  Subsection (1) of section 185.08, Florida

  8  Statutes, is amended to read:

  9         185.08  State excise tax on casualty insurance premiums

10  authorized; procedure.--For any municipality, chapter plan,

11  local law municipality, or local law plan under this chapter:

12         (1)  Each incorporated municipality in this state

13  described and classified in s. 185.03, as well as each other

14  city or town of this state which on July 31, 1953, had a

15  lawfully established municipal police officers' retirement

16  trust fund or city fund, by whatever name known, providing

17  pension or relief benefits to police officers as provided

18  under this chapter, may assess and impose on every insurance

19  company, corporation, or other insurer now engaged in or

20  carrying on, or who shall hereafter engage in or carry on, the

21  business of casualty insurance as shown by records of the

22  Department of Financial Services Insurance, an excise tax in

23  addition to any lawful license or excise tax now levied by

24  each of the said municipalities, respectively, amounting to

25  .85 percent of the gross amount of receipts of premiums from

26  policyholders on all premiums collected on casualty insurance

27  policies covering property within the corporate limits of such

28  municipalities, respectively.

29         Section 171.  Subsection (2) of section 185.10, Florida

30  Statutes, is amended to read:

31

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  1         185.10  Department of Revenue and Division of

  2  Retirement to keep accounts of deposits; disbursements.--For

  3  any municipality having a chapter plan or local law plan under

  4  this chapter:

  5         (2)  The Chief Financial Officer Comptroller shall, on

  6  or before July 1 of each year, and at such other times as

  7  authorized by the division, draw his or her warrants on the

  8  full net amount of money then on deposit pursuant to this

  9  chapter in the Police and Firefighters' Premium Tax Trust

10  Fund, specifying the municipalities to which the moneys must

11  be paid and the net amount collected for and to be paid to

12  each municipality, respectively. The sum payable to each

13  municipality is appropriated annually out of the Police and

14  Firefighters' Premium Tax Trust Fund.  The warrants of the

15  Chief Financial Officer Comptroller shall be payable to the

16  respective municipalities entitled to receive them and shall

17  be remitted annually by the division to the respective

18  municipalities. In lieu thereof, the municipality may provide

19  authorization to the division for the direct payment of the

20  premium tax to the board of trustees.  In order for a

21  municipality and its retirement fund to participate in the

22  distribution of premium tax moneys under this chapter, all the

23  provisions shall be complied with annually, including state

24  acceptance pursuant to part VII of chapter 112.

25         Section 172.  Section 185.13, Florida Statutes, is

26  amended to read:

27         185.13  Failure of insurer to comply with chapter;

28  penalty.--If Should any insurance company, corporation or

29  other insurer fails fail to comply with the provisions of this

30  chapter, on or before March 1 in each year as herein provided,

31  the certificate of authority issued to said insurance company,

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  1  corporation or other insurer to transact business in this

  2  state may be canceled and revoked by the Department of

  3  Financial Services Insurance, and it is unlawful for any such

  4  insurance company, corporation or other insurer to transact

  5  any business thereafter in this state unless such insurance

  6  company, corporation or other insurer shall be granted a new

  7  certificate of authority to transact business in this state,

  8  in compliance with provisions of law authorizing such

  9  certificate of authority to be issued. The division shall be

10  responsible for notifying the Department of Financial Services

11  Insurance regarding any such failure to comply.

12         Section 173.  Subsections (2), (3), and (5) of section

13  189.4035, Florida Statutes, are amended to read:

14         189.4035  Preparation of official list of special

15  districts.--

16         (2)  The official list shall be produced by the

17  department after the department has notified each special

18  district that is currently reporting to the department, the

19  Department of Financial Services Banking and Finance pursuant

20  to s. 218.32, or the Auditor General pursuant to s. 218.39.

21  Upon notification, each special district shall submit, within

22  60 days, its determination of its status.  The determination

23  submitted by a special district shall be consistent with the

24  status reported in the most recent local government audit of

25  district activities submitted to the Auditor General pursuant

26  to s. 218.39.

27         (3)  The Department of Financial Services Banking and

28  Finance shall provide the department with a list of dependent

29  special districts reporting pursuant to s. 218.32 for

30  inclusion on the official list of special districts.

31

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  1         (5)  The official list of special districts shall be

  2  distributed by the department on October 1 of each year to the

  3  President of the Senate, the Speaker of the House of

  4  Representatives, the Auditor General, the Department of

  5  Revenue, the Department of Financial Services Banking and

  6  Finance, the Department of Management Services, the State

  7  Board of Administration, counties, municipalities, county

  8  property appraisers, tax collectors, and supervisors of

  9  elections and to all interested parties who request the list.

10         Section 174.  Subsection (1) of section 189.412,

11  Florida Statutes, is amended to read:

12         189.412  Special District Information Program; duties

13  and responsibilities.--The Special District Information

14  Program of the Department of Community Affairs is created and

15  has the following special duties:

16         (1)  The collection and maintenance of special district

17  compliance status reports from the Auditor General, the

18  Department of Financial Services Banking and Finance, the

19  Division of Bond Finance of the State Board of Administration,

20  the Department of Management Services, the Department of

21  Revenue, and the Commission on Ethics for the reporting

22  required in ss. 112.3144, 112.3145, 112.3148, 112.3149,

23  112.63, 200.068, 218.32, 218.34, 218.38, 218.39, and 280.17

24  and chapter 121 and from state agencies administering programs

25  that distribute money to special districts. The special

26  district compliance status reports must consist of a list of

27  special districts used in that state agency and a list of

28  which special districts did not comply with the reporting

29  statutorily required by that agency.

30         Section 175.  Section 189.427, Florida Statutes, is

31  amended to read:

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  1         189.427  Fee schedule; Operating Trust Fund.--The

  2  Department of Community Affairs, by rule, shall establish a

  3  schedule of fees to pay one-half of the costs incurred by the

  4  department in administering this act, except that the fee may

  5  not exceed $175 per district per year. The fees collected

  6  under this section shall be deposited in the Operating Trust

  7  Fund, which shall be administered by the Department of

  8  Community Affairs. Any fee rule must consider factors such as

  9  the dependent and independent status of the district and

10  district revenues for the most recent fiscal year as reported

11  to the Department of Financial Services Banking and Finance.

12  The department may assess fines of not more than $25, with an

13  aggregate total not to exceed $50, as penalties against

14  special districts that fail to remit required fees to the

15  department. It is the intent of the Legislature that general

16  revenue funds will be made available to the department to pay

17  one-half of the cost of administering this act.

18         Section 176.  Subsection (3) of section 190.007,

19  Florida Statutes, is amended to read:

20         190.007  Board of supervisors; general duties.--

21         (3)  The board is authorized to select as a depository

22  for its funds any qualified public depository as defined in s.

23  280.02 which meets all the requirements of chapter 280 and has

24  been designated by the Chief Financial Officer Treasurer as a

25  qualified public depository, upon such terms and conditions as

26  to the payment of interest by such depository upon the funds

27  so deposited as the board may deem just and reasonable.

28         Section 177.  Subsection (16) of section 191.006,

29  Florida Statutes, is amended to read:

30         191.006  General powers.--The district shall have, and

31  the board may exercise by majority vote, the following powers:

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  1         (16)  To select as a depository for its funds any

  2  qualified public depository as defined in s. 280.02 which

  3  meets all the requirements of chapter 280 and has been

  4  designated by the Chief Financial Officer State Treasurer as a

  5  qualified public depository, upon such terms and conditions as

  6  to the payment of interest upon the funds deposited as the

  7  board deems just and reasonable.

  8         Section 178.  Subsection (4) of section 192.091,

  9  Florida Statutes, is amended to read:

10         192.091  Commissions of property appraisers and tax

11  collectors.--

12         (4)  The commissions for collecting taxes assessed for

13  or levied by the state shall be audited, and allowed, by the

14  Comptroller and shall be paid by the Chief Financial Officer

15  Treasurer as other Comptroller's warrants are paid; and

16  commissions for collecting the county taxes shall be audited

17  and paid by the boards of county commissioners of the several

18  counties of this state.  The commissions for collecting all

19  special school district taxes shall be audited by the school

20  board of each respective district and taken out of the funds

21  of the respective special school district under its control

22  and allowed and paid to the tax collectors for collecting such

23  taxes; and the commissions for collecting all other district

24  taxes, whether special or not, shall be audited and paid by

25  the governing board or commission having charge of the

26  financial obligations of such district.  All commissions for

27  collecting special tax district taxes shall be paid at the

28  time and in the manner now, or as may hereafter be, provided

29  for the payment of the commissions for the collection of

30  county taxes.  All amounts paid as compensation to any tax

31  collector under the provisions of this or any other law shall

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  1  be a part of the general income or compensation of such

  2  officer for the year in which received, and nothing contained

  3  in this section shall be held or construed to affect or

  4  increase the maximum salary as now provided by law for any

  5  such officer.

  6         Section 179.  Subsection (3) of section 192.102,

  7  Florida Statutes, is amended to read:

  8         192.102  Payment of property appraisers' and

  9  collectors' commissions.--

10         (3)  The Chief Financial Officer Comptroller of the

11  state shall issue to each of the county property appraisers

12  and collectors of taxes, on the first Monday of January,

13  April, July, and October, on demand of such county property

14  appraisers and collectors of taxes after approval by the

15  Department of Revenue, and shall pay, his or her warrant,

16  which shall be paid by the Treasurer of the state, for an

17  amount equal to one-fourth of four-fifths of the total amount

18  of commissions received by such county property appraisers and

19  collectors of taxes or their predecessors in office from the

20  state during and for the preceding year, and the balance of

21  the commissions earned by such county property appraiser and

22  collector of taxes, respectively, during each year, over and

23  above the amount of such installment payments herein provided

24  for, shall be payable when a report of errors and double

25  assessments is approved by the county commissioners and a copy

26  thereof filed with the Department of Revenue.

27         Section 180.  Subsection (1) of section 193.092,

28  Florida Statutes, is amended to read:

29         193.092  Assessment of property for back taxes.--

30         (1)  When it shall appear that any ad valorem tax might

31  have been lawfully assessed or collected upon any property in

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  1  the state, but that such tax was not lawfully assessed or

  2  levied, and has not been collected for any year within a

  3  period of 3 years next preceding the year in which it is

  4  ascertained that such tax has not been assessed, or levied, or

  5  collected, then the officers authorized shall make the

  6  assessment of taxes upon such property in addition to the

  7  assessment of such property for the current year, and shall

  8  assess the same separately for such property as may have

  9  escaped taxation at and upon the basis of valuation applied to

10  such property for the year or years in which it escaped

11  taxation, noting distinctly the year when such property

12  escaped taxation and such assessment shall have the same force

13  and effect as it would have had if it had been made in the

14  year in which the property shall have escaped taxation, and

15  taxes shall be levied and collected thereon in like manner and

16  together with taxes for the current year in which the

17  assessment is made.  But no property shall be assessed for

18  more than 3 years' arrears of taxation, and all property so

19  escaping taxation shall be subject to such taxation to be

20  assessed in whomsoever's hands or possession the same may be

21  found; provided, that the county property appraiser shall not

22  assess any lot or parcel of land certified or sold to the

23  state for any previous years unless such lot or parcel of

24  lands so certified or sold shall be included in the list

25  furnished by the Chief Financial Officer Comptroller to the

26  county property appraiser as provided by law; provided, if

27  real or personal property be assessed for taxes, and because

28  of litigation delay ensues and the assessment be held invalid

29  the taxing authorities, may reassess such property within the

30  time herein provided after the termination of such litigation;

31  provided further, that personal property acquired in good

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  1  faith by purchase shall not be subject to assessment for taxes

  2  for any time prior to the time of such purchase, but the

  3  individual or corporation liable for any such assessment shall

  4  continue personally liable for same.

  5         Section 181.  Section 195.101, Florida Statutes, is

  6  amended to read:

  7         195.101  Withholding of state funds.--

  8         (1)  The Department of Revenue is hereby directed to

  9  determine each year whether the several counties of this state

10  are assessing the real and tangible personal property within

11  their jurisdiction in accordance with law.  If the Department

12  of Revenue determines that any county is assessing property at

13  less than that prescribed by law, the Chief Financial Officer

14  Comptroller shall withhold from such county a portion of any

15  state funds to which the county may be entitled equal to the

16  difference of the amount assessed and the amount required to

17  be assessed by law.

18         (2)  The Department of Revenue is hereby directed to

19  determine each year whether the several municipalities of this

20  state are assessing the real and tangible personal property

21  within their jurisdiction in accordance with law.  If the

22  Department of Revenue determines that any municipality is

23  assessing property at less than that prescribed by law, the

24  Chief Financial Officer Comptroller shall withhold from such

25  municipality a portion of any state funds to which that

26  municipality may be entitled equal to the difference of the

27  amount assessed and the amount required to be assessed by law.

28         Section 182.  Subsection (1) of section 198.29, Florida

29  Statutes, is amended to read:

30         198.29  Refunds of excess tax paid.--

31

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  1         (1)  Whenever it appears, upon the examination of any

  2  return made under this chapter or upon proof submitted to the

  3  department by the personal representative, that an amount of

  4  estate tax has been paid in excess of the tax legally due

  5  under this chapter, the amount of such overpayment, together

  6  with any overpayment of interest thereon shall be refunded to

  7  the personal representative and paid by upon the warrant of

  8  the Chief Financial Officer Comptroller, drawn upon the

  9  Treasurer who shall honor and pay the same; such refund shall

10  be made by the department as a matter of course regardless of

11  whether or not the personal representative has filed a written

12  claim therefor, except that upon request of the department,

13  the personal representative shall file with the department a

14  conformed copy of any written claim for refund of federal

15  estate tax which has theretofore been filed with the United

16  States.

17         Section 183.  Paragraph (a) of subsection (7) of

18  section 199.232, Florida Statutes, is amended to read:

19         199.232  Powers of department.--

20         (7)(a)  If it appears, upon examination of an

21  intangible tax return made under this chapter or upon proof

22  submitted to the department by the taxpayer, that an amount of

23  intangible personal property tax has been paid in excess of

24  the amount due, the department shall refund the amount of the

25  overpayment to the taxpayer by a warrant of the Chief

26  Financial Officer Comptroller, drawn upon the Treasurer. The

27  department shall refund the overpayment without regard to

28  whether the taxpayer has filed a written claim for a refund;

29  however, the department may request that the taxpayer file a

30  statement affirming that the taxpayer made the overpayment.

31

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  1         Section 184.  Paragraph (a) of subsection (1) of

  2  section 203.01, Florida Statutes, is amended to read:

  3         203.01  Tax on gross receipts for utility and

  4  communications services.--

  5         (1)(a)1.  Every person that receives payment for any

  6  utility service shall report by the last day of each month to

  7  the Department of Revenue, under oath of the secretary or some

  8  other officer of such person, the total amount of gross

  9  receipts derived from business done within this state, or

10  between points within this state, for the preceding month and,

11  at the same time, shall pay into the State Treasury an amount

12  equal to a percentage of such gross receipts at the rate set

13  forth in paragraph (b).  Such collections shall be certified

14  by the Chief Financial Officer Comptroller upon the request of

15  the State Board of Education.

16         2.  A tax is levied on communications services as

17  defined in s. 202.11(3). Such tax shall be applied to the same

18  services and transactions as are subject to taxation under

19  chapter 202, and to communications services that are subject

20  to the exemption provided in s. 202.125(1). Such tax shall be

21  applied to the sales price of communications services when

22  sold at retail and to the actual cost of operating substitute

23  communications systems, as such terms are defined in s.

24  202.11, shall be due and payable at the same time as the taxes

25  imposed pursuant to chapter 202, and shall be administered and

26  collected pursuant to the provisions of chapter 202.

27         Section 185.  Subsection (1) of section 206.46, Florida

28  Statutes, is amended to read:

29         206.46  State Transportation Trust Fund.--

30         (1)  All moneys in the State Transportation Trust Fund,

31  which is hereby created, shall be used for transportation

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  1  purposes, as provided by law, under the direction of the

  2  Department of Transportation, which department may from time

  3  to time make requisition on the Chief Financial Officer

  4  Comptroller for such funds.  Moneys from such fund shall be

  5  drawn by the Chief Financial Officer Comptroller by warrant

  6  upon the State Treasury pursuant to vouchers and shall be paid

  7  in like manner as other state warrants are paid out of the

  8  appropriated fund against which the warrants are drawn.  All

  9  sums of money necessary to provide for the payment of the

10  warrants by the Chief Financial Officer Comptroller drawn upon

11  such fund are appropriated annually out of the fund for the

12  purpose of making such payments from time to time.

13         Section 186.  Subsection (4) of section 210.16, Florida

14  Statutes, is amended to read:

15         210.16  Revocation or suspension of permit.--

16         (4)  In lieu of the suspension or revocation of

17  permits, the division may impose civil penalties against

18  holders of permits for violations of this part or rules and

19  regulations relating thereto.  No civil penalty so imposed

20  shall exceed $1,000 for each offense, and all amounts

21  collected shall be deposited with the Chief Financial Officer

22  State Treasurer to the credit of the General Revenue Fund.  If

23  the holder of the permit fails to pay the civil penalty, his

24  or her permit shall be suspended for such period of time as

25  the division may specify.

26         Section 187.  Subsection (2) of section 210.20, Florida

27  Statutes, is amended to read:

28         210.20  Employees and assistants; distribution of

29  funds.--

30         (2)  As collections are received by the division from

31  such cigarette taxes, it shall pay the same into a trust fund

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  1  in the State Treasury designated "Cigarette Tax Collection

  2  Trust Fund" which shall be paid and distributed as follows:

  3         (a)  The division shall from month to month certify to

  4  the Chief Financial Officer Comptroller the amount derived

  5  from the cigarette tax imposed by s. 210.02, less the service

  6  charges provided for in s. 215.20 and less 0.9 percent of the

  7  amount derived from the cigarette tax imposed by s. 210.02,

  8  which shall be deposited into the Alcoholic Beverage and

  9  Tobacco Trust Fund, specifying the amounts to be transferred

10  from the Cigarette Tax Collection Trust Fund and credited on

11  the basis of 2.9 percent of the net collections to the Revenue

12  Sharing Trust Fund for Counties and 29.3 percent of the net

13  collections for the funding of indigent health care to the

14  Public Medical Assistance Trust Fund.

15         (b)  Beginning January 1, 1999, and continuing for 10

16  years thereafter, the division shall from month to month

17  certify to the Chief Financial Officer Comptroller the amount

18  derived from the cigarette tax imposed by s. 210.02, less the

19  service charges provided for in s. 215.20 and less 0.9 percent

20  of the amount derived from the cigarette tax imposed by s.

21  210.02 which shall be deposited into the Alcoholic Beverage

22  and Tobacco Trust Fund, specifying an amount equal to 2.59

23  percent of the net collections, and that amount shall be paid

24  to the Board of Directors of the H. Lee Moffitt Cancer Center

25  and Research Institute, established under s. 240.512, by

26  warrant drawn by the Chief Financial Officer Comptroller upon

27  the State Treasury. These funds are hereby appropriated

28  monthly out of the Cigarette Tax Collection Trust Fund, to be

29  used for the purpose of constructing, furnishing, and

30  equipping a cancer research facility at the University of

31  South Florida adjacent to the H. Lee Moffitt Cancer Center and

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  1  Research Institute.  In fiscal years 1999-2000 and thereafter

  2  with the exception of fiscal year 2008-2009, the appropriation

  3  to the H. Lee Moffitt Cancer Center and Research Institute

  4  authorized by this paragraph shall not be less than the amount

  5  which would have been paid to the H. Lee Moffitt Cancer Center

  6  and Research Institute for fiscal year 1998-1999 had payments

  7  been made for the entire fiscal year rather than for a 6-month

  8  period thereof.

  9         Section 188.  Subsection (4) of section 210.50, Florida

10  Statutes, is amended to read:

11         210.50  Revocation or suspension of license.--

12         (4)  In lieu of the suspension or revocation of

13  licenses, the division may impose civil penalties against

14  holders of licenses for violations of this part or rules

15  relating thereto. No civil penalty so imposed shall exceed

16  $1,000 for each offense, and all amounts collected shall be

17  deposited with the Chief Financial Officer State Treasurer to

18  the credit of the General Revenue Fund.  If the holder of the

19  license fails to pay the civil penalty, his or her license

20  shall be suspended for such period of time as the division may

21  specify.

22         Section 189.  Subsection (1) of section 211.06, Florida

23  Statutes, is amended to read:

24         211.06  Oil and Gas Tax Trust Fund; distribution of tax

25  proceeds.--All taxes, interest, and penalties imposed under

26  this part shall be collected by the department and placed in a

27  special fund designated the "Oil and Gas Tax Trust Fund."

28         (1)  There is hereby annually appropriated a sufficient

29  amount from the Oil and Gas Tax Trust Fund for the Chief

30  Financial Officer Comptroller to refund any overpayments that

31  which have been properly approved.

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  1         Section 190.  Paragraph (d) of subsection (1) of

  2  section 211.32, Florida Statutes, is amended to read:

  3         211.32  Tax on solid minerals; Land Reclamation Trust

  4  Fund; refund for restoration and reclamation.--

  5         (1)

  6         (d)  The Chief Financial Officer Comptroller shall,

  7  upon written verification of compliance with paragraph (a),

  8  paragraph (b), or paragraph (c) by the Department of

  9  Environmental Protection, and upon verification of the cost of

10  the restoration and reclamation program or, if paragraph (c)

11  is elected, the fair market value of the land, grant refunds,

12  to be paid from the Land Reclamation Trust Fund, of the taxes

13  paid under this part, in an amount equal to 100 percent of the

14  costs incurred in complying with paragraph (a) or paragraph

15  (b), or 100 percent of the fair market value of the land

16  transferred in complying with paragraph (c), subject to the

17  following limitations:

18         1.  A taxpayer shall not be entitled to refunds in

19  excess of the amount of taxes paid by the taxpayer under this

20  part which are deposited in the Land Reclamation Trust Fund.

21         2.  A taxpayer shall not be entitled to the payment of

22  a refund for costs incurred in connection with a particular

23  restoration and reclamation program unless and until the

24  taxpayer is accomplishing the program in reasonable compliance

25  with the criteria established by the Department of

26  Environmental Protection.

27         Section 191.  Paragraph (m) of subsection (5) of

28  section 212.08, Florida Statutes, is amended to read:

29         212.08  Sales, rental, use, consumption, distribution,

30  and storage tax; specified exemptions.--The sale at retail,

31  the rental, the use, the consumption, the distribution, and

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  1  the storage to be used or consumed in this state of the

  2  following are hereby specifically exempt from the tax imposed

  3  by this chapter.

  4         (5)  EXEMPTIONS; ACCOUNT OF USE.--

  5         (m)  Educational materials purchased by certain child

  6  care facilities.--Educational materials, such as glue, paper,

  7  paints, crayons, unique craft items, scissors, books, and

  8  educational toys, purchased by a child care facility that

  9  meets the standards delineated in s. 402.305, is licensed

10  under s. 402.308, holds a current Gold Seal Quality Care

11  designation pursuant to s. 402.281, and provides basic health

12  insurance to all employees are exempt from the taxes imposed

13  by this chapter. For purposes of this paragraph, the term

14  "basic health insurance" shall be defined and promulgated in

15  rules developed jointly by the Department of Children and

16  Family Services, the Agency for Health Care Administration,

17  and the Department of Financial Services Insurance.

18         Section 192.  Paragraph (c) of subsection (6) of

19  section 212.12, Florida Statutes, is amended to read:

20         212.12  Dealer's credit for collecting tax; penalties

21  for noncompliance; powers of Department of Revenue in dealing

22  with delinquents; brackets applicable to taxable transactions;

23  records required.--

24         (6)

25         (c)1.  If the records of a dealer are adequate but

26  voluminous in nature and substance, the department may sample

27  such records, except for fixed assets, and project the audit

28  findings derived therefrom over the entire audit period to

29  determine the proportion that taxable retail sales bear to

30  total retail sales or the proportion that taxable purchases

31  bear to total purchases. In order to conduct such a sample,

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  1  the department must first make a good faith effort to reach an

  2  agreement with the dealer, which agreement provides for the

  3  means and methods to be used in the sampling process.  In the

  4  event that no agreement is reached, the dealer is entitled to

  5  a review by the executive director.

  6         2.  For the purposes of sampling pursuant to

  7  subparagraph 1., the department shall project any deficiencies

  8  and overpayments derived therefrom over the entire audit

  9  period. In determining the dealer's compliance, the department

10  shall reduce any tax deficiency as derived from the sample by

11  the amount of any overpayment derived from the sample. In the

12  event the department determines from the sample results that

13  the dealer has a net tax overpayment, the department shall

14  provide the findings of this overpayment to the Chief

15  Financial Officer Comptroller for repayment of funds paid into

16  the State Treasury through error pursuant to s. 215.26.

17         Section 193.  Subsection (1) of section 212.20, Florida

18  Statutes, is amended to read:

19         212.20  Funds collected, disposition; additional powers

20  of department; operational expense; refund of taxes

21  adjudicated unconstitutionally collected.--

22         (1)  The department shall pay over to the Chief

23  Financial Officer Treasurer of the state all funds received

24  and collected by it under the provisions of this chapter, to

25  be credited to the account of the General Revenue Fund of the

26  state.

27         Section 194.  Subsections (4) and (6), paragraph (e) of

28  subsection (7) and subsection (13) of section 213.053, Florida

29  Statutes, are amended to read:

30         213.053  Confidentiality and information sharing.--

31

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  1         (4)  Nothing contained in this section shall prevent

  2  the department from publishing statistics so classified as to

  3  prevent the identification of particular accounts, reports,

  4  declarations, or returns or prevent the department from

  5  disclosing to the Chief Financial Officer Comptroller the

  6  names and addresses of those taxpayers who have claimed an

  7  exemption pursuant to s. 199.185(1)(i) or a deduction pursuant

  8  to s. 220.63(5).

  9         (6)  Any information received by the Department of

10  Revenue in connection with the administration of taxes,

11  including, but not limited to, information contained in

12  returns, reports, accounts, or declarations filed by persons

13  subject to tax, shall be made available by the department to

14  the Auditor General or his or her authorized agent, the

15  director of the Office of Program Policy Analysis and

16  Government Accountability or his or her authorized agent, the

17  Chief Financial Officer Comptroller or his or her authorized

18  agent, the Insurance Commissioner or his or her authorized

19  agent, the Treasurer or his or her authorized agent, or a

20  property appraiser or tax collector or their authorized agents

21  pursuant to s. 195.084(1), in the performance of their

22  official duties, or to designated employees of the Department

23  of Education solely for determination of each school

24  district's price level index pursuant to s. 236.081(2);

25  however, no information shall be disclosed to the Auditor

26  General or his or her authorized agent, the director of the

27  Office of Program Policy Analysis and Government

28  Accountability or his or her authorized agent, the Chief

29  Financial Officer Comptroller or his or her authorized agent,

30  the Insurance Commissioner or his or her authorized agent, the

31  Treasurer or his or her authorized agent, or to a property

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  1  appraiser or tax collector or their authorized agents, or to

  2  designated employees of the Department of Education if such

  3  disclosure is prohibited by federal law.  The Auditor General

  4  or his or her authorized agent, the director of the Office of

  5  Program Policy Analysis and Government Accountability or his

  6  or her authorized agent, the Chief Financial Officer

  7  Comptroller or his or her authorized agent, the Treasurer or

  8  his or her authorized agent, and the property appraiser or tax

  9  collector and their authorized agents, or designated employees

10  of the Department of Education shall be subject to the same

11  requirements of confidentiality and the same penalties for

12  violation of the requirements as the department.  For the

13  purpose of this subsection, "designated employees of the

14  Department of Education" means only those employees directly

15  responsible for calculation of price level indices pursuant to

16  s. 236.081(2).  It does not include the supervisors of such

17  employees or any other employees or elected officials within

18  the Department of Education.

19         (7)  Notwithstanding any other provision of this

20  section, the department may provide:

21         (e)  Names, addresses, taxpayer identification numbers,

22  and outstanding tax liabilities to the Department of the

23  Lottery and the Department of Financial Services Banking and

24  Finance in the conduct of their official duties.

25         (13)  Notwithstanding the provisions of s. 896.102(2),

26  the department may allow full access to the information and

27  documents required to be filed with it under s. 896.102(1) to

28  federal, state, and local law enforcement and prosecutorial

29  agencies, and to the Department of Financial Services Banking

30  and Finance, and any of those agencies may use the information

31

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  1  and documents in any civil or criminal investigation and in

  2  any court proceedings.

  3         Section 195.  Section 213.054, Florida Statutes, is

  4  amended to read:

  5         213.054  Persons claiming tax exemptions or deductions;

  6  annual report.--The Department of Revenue shall be responsible

  7  for monitoring the utilization of tax exemptions and tax

  8  deductions authorized pursuant to chapter 81-179, Laws of

  9  Florida.  On or before September 1 of each year, the

10  department shall report to the Chief Financial Officer

11  Comptroller the names and addresses of all persons who have

12  claimed an exemption pursuant to s. 199.185(1)(i) or a

13  deduction pursuant to s. 220.63(5).

14         Section 196.  Subsection (6) of section 213.255,

15  Florida Statutes, is amended to read:

16         213.255  Interest.--Interest shall be paid on

17  overpayments of taxes, payment of taxes not due, or taxes paid

18  in error, subject to the following conditions:

19         (6)  Interest shall be paid until a date determined by

20  the department which shall be no more than 7 days prior to the

21  date of the issuance of the refund warrant by the Chief

22  Financial Officer Comptroller.

23         Section 197.  Subsection (9) of section 213.67, Florida

24  Statutes, is amended to read:

25         213.67  Garnishment.--

26         (9)  The department shall provide notice to the Chief

27  Financial Officer Comptroller, in electronic or other form

28  specified by the Chief Financial Officer Comptroller, listing

29  the taxpayers for which tax warrants are outstanding. Pursuant

30  to subsection (1), the Chief Financial Officer Comptroller

31  shall, upon notice from the department, withhold all payments

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  1  to any person or business, as defined in s. 212.02, which

  2  provides commodities or services to the state, leases real

  3  property to the state, or constructs a public building or

  4  public work for the state. The department may levy upon the

  5  withheld payments in accordance with subsection (3). The

  6  provisions of s. 215.422 do not apply from the date the notice

  7  is filed with the Chief Financial Officer Comptroller until

  8  the date the department notifies the Chief Financial Officer

  9  Comptroller of its consent to make payment to the person or 60

10  days after receipt of the department's notice in accordance

11  with subsection (1), whichever occurs earlier.

12         Section 198.  Subsection (4) of section 213.75, Florida

13  Statutes, is amended to read:

14         213.75  Application of payments.--

15         (4)  Any surplus proceeds remaining after the

16  application of subsection (3) shall, upon application and

17  satisfactory proof thereof, be refunded by the Chief Financial

18  Officer Comptroller to the person or persons legally entitled

19  thereto pursuant to s. 215.26.

20         Section 199.  Section 215.02, Florida Statutes, is

21  amended to read:

22         215.02  Manner of paying money into the

23  Treasury.--Whenever any officer of this state or other person

24  desires to pay any money into the Treasury of the state on

25  account of his or her indebtedness to the state, the person

26  shall first go into the Department of Financial Services

27  Banking and Finance, and there ascertain from the department's

28  books the amount of his or her indebtedness to the state, and

29  thereupon the department shall give that person a memorandum

30  or certificate of the amount of such indebtedness, and on what

31  account.  Second, the person shall take said certificate with

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  1  him or her to the Department of Insurance and deliver the same

  2  and pay over to the Chief Financial Officer Insurance

  3  Commissioner and Treasurer the amount ascertained called for

  4  in said certificate.  Third, The Chief Financial Officer

  5  Insurance Commissioner and Treasurer shall receive the money,

  6  make a proper entry thereof, file the certificate of the

  7  Department of Banking and Finance, and give a certificate to

  8  the party paying over the money, acknowledging the receipt of

  9  the money, and on what account; which certificate thus

10  received, the party shall return to the Department of Banking

11  and Finance, on receipt of which the department shall give the

12  party a receipt for the amount, and enter a credit on the

13  party's account in his or her books for the amount thus paid

14  by him or her to the Insurance Commissioner and Treasurer, and

15  file the certificate received from the Insurance Commissioner

16  and Treasurer.

17         Section 200.  Section 215.03, Florida Statutes, is

18  amended to read:

19         215.03  Party to be reimbursed on reversal of judgment

20  for state.--Whenever upon appeal in civil cases, any judgment

21  in favor of the state has been or shall be reversed and set

22  aside, which may have been paid in part by the appellant, the

23  Chief Financial Officer Comptroller shall issue his or her

24  warrant upon the Treasurer to reimburse the appellant for all

25  sums paid in discharge of such judgment and cost, provided the

26  appellant shall adduce satisfactory evidence to the Chief

27  Financial Officer Comptroller of the sums paid as aforesaid.

28         Section 201.  Section 215.04, Florida Statutes, is

29  amended to read:

30         215.04  Department of Financial Services Banking and

31  Finance to report delinquents.--The Department of Financial

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  1  Services Banking and Finance shall report to the state

  2  attorney of the proper circuit the name of any delinquent

  3  officer whose delinquency concerns the department, so soon as

  4  such delinquency shall occur; and the state attorney shall

  5  proceed forthwith against such delinquent.

  6         Section 202.  Section 215.05, Florida Statutes, is

  7  amended to read:

  8         215.05  Department of Financial Services Banking and

  9  Finance to certify accounts of delinquents.--When any revenue

10  officer or other person accountable for public money shall

11  neglect or refuse to pay into the treasury the sum or balance

12  reported to be due to the state, upon the adjustment of that

13  person's account, the Department of Financial Services Banking

14  and Finance shall immediately hand over to the state attorney

15  of the proper circuit the statement of the sum or balance

16  certified under its seal of office, so due; and the state

17  attorney shall institute suit for the recovery of the same,

18  adding to the sum or balance stated to be due on such account

19  the commissions of the delinquent, which shall be forfeited in

20  every instance where suit is commenced and judgment is

21  obtained thereon, and an interest of 8 percent per annum from

22  the time of the delinquent's receiving the money until it

23  shall be paid into the State Treasury.

24         Section 203.  Section 215.11, Florida Statutes, is

25  amended to read:

26         215.11  Defaulting officers; Department of Financial

27  Services Banking and Finance to report to clerk.--The

28  Department of Financial Services Banking and Finance shall,

29  within 90 days after the expiration of the term of office of

30  any tax collector, sheriff, clerk of the circuit or county

31  court, treasurer, or any other officer of any county who has

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  1  the collection, custody, and control of any state funds, who

  2  shall be in arrears in his or her accounts with the state,

  3  make up and forward to the clerk of the circuit court of such

  4  county a statement of his or her accounts with the state.

  5         Section 204.  Paragraph (cc) of subsection (4) of

  6  section 215.20, Florida Statutes, is amended to read:

  7         215.20  Certain income and certain trust funds to

  8  contribute to the General Revenue Fund.--

  9         (4)  The income of a revenue nature deposited in the

10  following described trust funds, by whatever name designated,

11  is that from which the deductions authorized by subsection (3)

12  shall be made:

13         (cc)  The Insurance Commissioner's Regulatory Trust

14  Fund created by s. 624.523.

15

16  The enumeration of the foregoing moneys or trust funds shall

17  not prohibit the applicability thereto of s. 215.24 should the

18  Governor determine that for the reasons mentioned in s. 215.24

19  the money or trust funds should be exempt herefrom, as it is

20  the purpose of this law to exempt income from its force and

21  effect when, by the operation of this law, federal matching

22  funds or contributions or private grants to any trust fund

23  would be lost to the state.

24         Section 205.  Paragraphs (e) and (g) of subsection (1)

25  of section 215.22, Florida Statutes, is amended to read:

26         215.22  Certain income and certain trust funds

27  exempt.--

28         (1)  The following income of a revenue nature or the

29  following trust funds shall be exempt from the deduction

30  required by s. 215.20(1):

31

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  1         (e)  State, agency, or political subdivision

  2  investments by the Chief Financial Officer Treasurer.

  3         (g)  Self-insurance programs administered by the Chief

  4  Financial Officer Treasurer.

  5         Section 206.  Section 215.23, Florida Statutes, is

  6  amended to read:

  7         215.23  When contributions to be made.--The deductions

  8  required by s. 215.20 shall be paid into the appropriate fund

  9  by the Department of Financial Services Banking and Finance or

10  by the Chief Financial Officer State Treasurer, as the case

11  may be, for quarterly periods ending March 31, June 30,

12  September 30, and December 31 of each year, and when so paid

13  shall thereupon become a part of that fund to be accounted for

14  and disbursed as provided by law.

15         Section 207.  Section 215.24, Florida Statutes, is

16  amended to read:

17         215.24  Exemptions where federal contributions or

18  private grants.--

19         (1)  Should any state fund be the recipient of federal

20  contributions or private grants, either by the matching of

21  state funds or by a general donation to state funds, and the

22  payment of moneys into the General Revenue Fund under s.

23  215.20 should cause such fund to lose federal or private

24  assistance, the Governor shall certify to the Department of

25  Financial Services Banking and Finance and to the Chief

26  Financial Officer State Treasurer that said income is for that

27  reason exempt from the force and effect of s. 215.20.

28         (2)  Should it be determined by the Governor that by

29  reason of payments already made into the General Revenue Fund

30  by any fund under this law, such fund is subject to the loss

31  of federal or private assistance, then the Governor shall

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  1  certify to the Department of Financial Services Banking and

  2  Finance and to the Chief Financial Officer State Treasurer

  3  that the income from such assistance is exempt from the

  4  provisions of this law, and the Department of Financial

  5  Services Banking and Finance or the Chief Financial Officer

  6  State Treasurer, as the case may be, shall thereupon refund

  7  and pay over to such fund any amount previously paid into the

  8  General Revenue Fund from such income.

  9         Section 208.  Section 215.25, Florida Statutes, is

10  amended to read:

11         215.25  Manner of contributions; rules and

12  regulations.--The Department of Financial Services Banking and

13  Finance and the Chief Financial Officer State Treasurer are

14  hereby authorized to ascertain and determine the manner in

15  which the required amounts shall be deducted and paid and to

16  adopt and effectuate such rules and procedure as may be

17  necessary for carrying out the provisions of this law.  Such

18  rules and procedure shall be approved by the Executive Office

19  of the Governor.

20         Section 209.  Subsections (1), (2), and (5) of section

21  215.26, Florida Statutes, are amended to read:

22         215.26  Repayment of funds paid into State Treasury

23  through error.--

24         (1)  The Chief Financial Officer Comptroller of the

25  state may refund to the person who paid same, or his or her

26  heirs, personal representatives, or assigns, any moneys paid

27  into the State Treasury which constitute:

28         (a)  An overpayment of any tax, license, or account

29  due;

30         (b)  A payment where no tax, license, or account is

31  due; and

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  1         (c)  Any payment made into the State Treasury in error;

  2

  3  and if any such payment has been credited to an appropriation,

  4  such appropriation shall at the time of making any such

  5  refund, be charged therewith. There are appropriated from the

  6  proper respective funds from time to time such sums as may be

  7  necessary for such refunds.

  8         (2)  Application for refunds as provided by this

  9  section must be filed with the Chief Financial Officer

10  Comptroller, except as otherwise provided in this subsection,

11  within 3 years after the right to the refund has accrued or

12  else the right is barred. Except as provided in chapter 198

13  and s. 220.23, an application for a refund of a tax enumerated

14  in s. 72.011, which tax was paid after September 30, 1994, and

15  before July 1, 1999, must be filed with the Chief Financial

16  Officer Comptroller within 5 years after the date the tax is

17  paid, and within 3 years after the date the tax was paid for

18  taxes paid on or after July 1, 1999. The Chief Financial

19  Officer Comptroller may delegate the authority to accept an

20  application for refund to any state agency, or the judicial

21  branch, vested by law with the responsibility for the

22  collection of any tax, license, or account due. The

23  application for refund must be on a form approved by the Chief

24  Financial Officer Comptroller and must be supplemented with

25  additional proof the Chief Financial Officer Comptroller deems

26  necessary to establish the claim; provided, the claim is not

27  otherwise barred under the laws of this state. Upon receipt of

28  an application for refund, the judicial branch or the state

29  agency to which the funds were paid shall make a determination

30  of the amount due. If an application for refund is denied, in

31  whole or in part, the judicial branch or such state agency

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  1  shall notify the applicant stating the reasons therefor. Upon

  2  approval of an application for refund, the judicial branch or

  3  such state agency shall furnish the Chief Financial Officer

  4  Comptroller with a properly executed voucher authorizing

  5  payment.

  6         (5)  When a taxpayer has pursued administrative

  7  remedies before the Department of Revenue pursuant to s.

  8  213.21 and has failed to comply with the time limitations and

  9  conditions provided in ss. 72.011 and 120.80(14)(b), a claim

10  of refund under subsection (1) shall be denied by the Chief

11  Financial Officer Comptroller. However, the Chief Financial

12  Officer Comptroller may entertain a claim for refund under

13  this subsection when the taxpayer demonstrates that his or her

14  failure to pursue remedies under chapter 72 was not due to

15  neglect or for the purpose of delaying payment of lawfully

16  imposed taxes and can demonstrate reasonable cause for such

17  failure.

18         Section 210.  Section 215.29, Florida Statutes, is

19  amended to read:

20         215.29  Classification of Chief Financial Officer's

21  Comptroller's warrants; report.--All disbursements made by the

22  state upon Chief Financial Officer's Comptroller's warrants

23  shall be classified according to officers, offices, bureaus,

24  divisions, boards, commissions, institutions, other agencies

25  and undertakings, or the judicial branch, and shall be further

26  classified according to personal services, contractual

27  services, commodities, current charges, current obligations,

28  capital outlays, debt payments, or investments or such

29  additional classifications as may be prescribed or authorized

30  by law.  Such detail classifications shall be printed in the

31  Chief Financial Officer's Comptroller's annual reports.

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  1         Section 211.  Section 215.31, Florida Statutes, is

  2  amended to read:

  3         215.31  State funds; deposit in State

  4  Treasury.--Revenue, including licenses, fees, imposts, or

  5  exactions collected or received under the authority of the

  6  laws of the state by each and every state official, office,

  7  employee, bureau, division, board, commission, institution,

  8  agency, or undertaking of the state or the judicial branch

  9  shall be promptly deposited in the State Treasury, and

10  immediately credited to the appropriate fund as herein

11  provided, properly accounted for by the Department of

12  Financial Services Banking and Finance as to source and no

13  money shall be paid from the State Treasury except as

14  appropriated and provided by the annual General Appropriations

15  Act, or as otherwise provided by law.

16         Section 212.  Section 215.32, Florida Statutes, as

17  amended by section 1 of chapter 2001-375, Laws of Florida, is

18  amended to read:

19         215.32  State funds; segregation.--

20         (1)  All moneys received by the state shall be

21  deposited in the State Treasury unless specifically provided

22  otherwise by law and shall be deposited in and accounted for

23  by the Chief Financial Officer Treasurer and the Department of

24  Financial Services Banking and Finance within the following

25  funds, which funds are hereby created and established:

26         (a)  General Revenue Fund.

27         (b)  Trust funds.

28         (c)  Working Capital Fund.

29         (d)  Budget Stabilization Fund.

30         (2)  The source and use of each of these funds shall be

31  as follows:

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  1         (a)  The General Revenue Fund shall consist of all

  2  moneys received by the state from every source whatsoever,

  3  except as provided in paragraphs (b) and (c).  Such moneys

  4  shall be expended pursuant to General Revenue Fund

  5  appropriations acts or transferred as provided in paragraph

  6  (c).  Annually, at least 5 percent of the estimated increase

  7  in General Revenue Fund receipts for the upcoming fiscal year

  8  over the current year General Revenue Fund effective

  9  appropriations shall be appropriated for state-level capital

10  outlay, including infrastructure improvement and general

11  renovation, maintenance, and repairs.

12         (b)1.  The trust funds shall consist of moneys received

13  by the state which under law or under trust agreement are

14  segregated for a purpose authorized by law.  The state agency

15  or branch of state government receiving or collecting such

16  moneys shall be responsible for their proper expenditure as

17  provided by law.  Upon the request of the state agency or

18  branch of state government responsible for the administration

19  of the trust fund, the Chief Financial Officer Comptroller may

20  establish accounts within the trust fund at a level considered

21  necessary for proper accountability. Once an account is

22  established within a trust fund, the Chief Financial Officer

23  Comptroller may authorize payment from that account only upon

24  determining that there is sufficient cash and releases at the

25  level of the account.

26         2.  In order to maintain a minimum number of trust

27  funds in the State Treasury, each state agency or the judicial

28  branch may consolidate, if permitted under the terms and

29  conditions of their receipt, the trust funds administered by

30  it; provided, however, the agency or judicial branch employs

31  effectively a uniform system of accounts sufficient to

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  1  preserve the integrity of such trust funds; and provided,

  2  further, that consolidation of trust funds is approved by the

  3  Governor or the Chief Justice.

  4         3.  All such moneys are hereby appropriated to be

  5  expended in accordance with the law or trust agreement under

  6  which they were received, subject always to the provisions of

  7  chapter 216 relating to the appropriation of funds and to the

  8  applicable laws relating to the deposit or expenditure of

  9  moneys in the State Treasury.

10         4.a.  Notwithstanding any provision of law restricting

11  the use of trust funds to specific purposes, unappropriated

12  cash balances from selected trust funds may be authorized by

13  the Legislature for transfer to the Budget Stabilization Fund

14  and Working Capital Fund in the General Appropriations Act.

15         b.  This subparagraph does not apply to trust funds

16  required by federal programs or mandates; trust funds

17  established for bond covenants, indentures, or resolutions

18  whose revenues are legally pledged by the state or public body

19  to meet debt service or other financial requirements of any

20  debt obligations of the state or any public body; the State

21  Transportation Trust Fund; the trust fund containing the net

22  annual proceeds from the Florida Education Lotteries; the

23  Florida Retirement System Trust Fund; trust funds under the

24  management of the Board of Regents, where such trust funds are

25  for auxiliary enterprises, self-insurance, and contracts,

26  grants, and donations, as those terms are defined by general

27  law; trust funds that serve as clearing funds or accounts for

28  the Chief Financial Officer Comptroller or state agencies;

29  trust funds that account for assets held by the state in a

30  trustee capacity as an agent or fiduciary for individuals,

31

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  1  private organizations, or other governmental units; and other

  2  trust funds authorized by the State Constitution.

  3         (c)1.  The Budget Stabilization Fund shall consist of

  4  amounts equal to at least 5 percent of net revenue collections

  5  for the General Revenue Fund during the last completed fiscal

  6  year. The Budget Stabilization Fund's principal balance shall

  7  not exceed an amount equal to 10 percent of the last completed

  8  fiscal year's net revenue collections for the General Revenue

  9  Fund. As used in this paragraph, the term "last completed

10  fiscal year" means the most recently completed fiscal year

11  prior to the regular legislative session at which the

12  Legislature considers the General Appropriations Act for the

13  year in which the transfer to the Budget Stabilization Fund

14  must be made under this paragraph.

15         2.  By September 15 of each year, the Governor shall

16  authorize the Chief Financial Officer Comptroller to transfer,

17  and the Chief Financial Officer Comptroller shall transfer

18  pursuant to appropriations made by law, to the Budget

19  Stabilization Fund the amount of money needed for the balance

20  of that fund to equal the amount specified in subparagraph 1.,

21  less any amounts expended and not restored. The moneys needed

22  for this transfer may be appropriated by the Legislature from

23  any funds.

24         3.  Unless otherwise provided in this subparagraph, an

25  expenditure from the Budget Stabilization Fund must be

26  restored pursuant to a restoration schedule that provides for

27  making five equal annual transfers from the General Revenue

28  Fund, beginning in the fiscal year following that in which the

29  expenditure was made. For any Budget Stabilization Fund

30  expenditure, the Legislature may establish by law a different

31  restoration schedule and such change may be made at any time

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  1  during the restoration period. Moneys are hereby appropriated

  2  for transfers pursuant to this subparagraph.

  3         4.  The Budget Stabilization Fund and the Working

  4  Capital Fund may be used as revolving funds for transfers as

  5  provided in s. 18.125; however, any interest earned must be

  6  deposited in the General Revenue Fund.

  7         5.  The Chief Financial Officer Comptroller and the

  8  Department of Management Services shall transfer funds to

  9  water management districts to pay eligible water management

10  district employees for all benefits due under s. 373.6065, as

11  long as funds remain available for the program described under

12  s. 100.152.

13         (d)  The Working Capital Fund shall consist of moneys

14  in the General Revenue Fund which are in excess of the amount

15  needed to meet General Revenue Fund appropriations for the

16  current fiscal year. Each year, no later than the publishing

17  date of the annual financial statements for the state by the

18  Chief Financial Officer Comptroller under s. 216.102, funds

19  shall be transferred between the Working Capital Fund and the

20  General Revenue Fund to establish the balance of the Working

21  Capital Fund for that fiscal year at the amount determined

22  pursuant to this paragraph.

23         Section 213.  Subsections (2) and (3) of section

24  215.3206, Florida Statutes, are amended to read:

25         215.3206  Trust funds; termination or re-creation.--

26         (2)  If the trust fund is terminated and not

27  immediately re-created, all cash balances and income of the

28  trust fund shall be deposited into the General Revenue Fund.

29  The agency or Chief Justice shall pay any outstanding debts of

30  the trust fund as soon as practicable, and the Chief Financial

31  Officer Comptroller shall close out and remove the trust fund

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  1  from the various state accounting systems, using generally

  2  accepted accounting practices concerning warrants outstanding,

  3  assets, and liabilities.  No appropriation or budget amendment

  4  shall be construed to authorize any encumbrance of funds from

  5  a trust fund after the date on which the trust fund is

  6  terminated or is judicially determined to be invalid.

  7         (3)  On or before September 1 of each year, the Chief

  8  Financial Officer Comptroller shall submit to the Executive

  9  Office of the Governor, the President of the Senate, and the

10  Speaker of the House of Representatives a list of trust funds

11  that are scheduled to terminate within 12 months after that

12  date and also, beginning September 1, 1996, a list of all

13  trust funds that are exempt from automatic termination

14  pursuant to the provisions of s. 19(f)(3), Art. III of the

15  State Constitution, listing revenues of the trust funds by

16  major revenue category for each of the last 4 fiscal years.

17         Section 214.  Paragraph (a) of subsection (2) of

18  section 215.3208, Florida Statutes, is amended to read:

19         215.3208  Trust funds; legislative review.--

20         (2)(a)  When the Legislature terminates a trust fund,

21  the agency or branch of state government that administers the

22  trust fund shall pay any outstanding debts or obligations of

23  the trust fund as soon as practicable, and the Chief Financial

24  Officer Comptroller shall close out and remove the trust fund

25  from the various state accounting systems, using generally

26  accepted accounting principles concerning assets, liabilities,

27  and warrants outstanding.

28         Section 215.  Section 215.321, Florida Statutes, is

29  amended to read:

30         215.321  Regulatory trust fund.--All funds received

31  pursuant to ss. 494.001-494.0077, chapter 497, chapter 516,

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  1  chapter 520, or part I of chapter 559 shall be deposited into

  2  the Banking and Finance Regulatory Trust Fund.

  3         Section 216.  Subsections (2), (3), and (4) of section

  4  215.322, Florida Statutes, are amended to read:

  5         215.322  Acceptance of credit cards, charge cards, or

  6  debit cards by state agencies, units of local government, and

  7  the judicial branch.--

  8         (2)  A state agency as defined in s. 216.011, or the

  9  judicial branch, may accept credit cards, charge cards, or

10  debit cards in payment for goods and services with the prior

11  approval of the Chief Financial Officer Treasurer. When the

12  Internet or other related electronic methods are to be used as

13  the collection medium, the State Technology Office shall

14  review and recommend to the Chief Financial Officer Treasurer

15  whether to approve the request with regard to the process or

16  procedure to be used.

17         (3)  The Chief Financial Officer Treasurer shall adopt

18  rules governing the establishment and acceptance of credit

19  cards, charge cards, or debit cards by state agencies or the

20  judicial branch, including, but not limited to, the following:

21         (a)  Utilization of a standardized contract between the

22  financial institution or other appropriate intermediaries and

23  the agency or judicial branch which shall be developed by the

24  Chief Financial Officer Treasurer or approval by the Chief

25  Financial Officer Treasurer of a substitute agreement.

26         (b)  Procedures which permit an agency or officer

27  accepting payment by credit card, charge card, or debit card

28  to impose a convenience fee upon the person making the

29  payment. However, the total amount of such convenience fees

30  shall not exceed the total cost to the state agency. A

31  convenience fee is not refundable to the payor.

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  1  Notwithstanding the foregoing, this section shall not be

  2  construed to permit surcharges on any other credit card

  3  purchase in violation of s. 501.0117.

  4         (c)  All service fees payable pursuant to this section

  5  when practicable shall be invoiced and paid by state warrant

  6  or such other manner that is satisfactory to the Chief

  7  Financial Officer Comptroller in accordance with the time

  8  periods specified in s. 215.422.

  9         (d)  Submission of information to the Chief Financial

10  Officer Treasurer concerning the acceptance of credit cards,

11  charge cards, or debit cards by all state agencies or the

12  judicial branch.

13         (e)  A methodology for agencies to use when completing

14  the cost-benefit analysis referred to in subsection (1). The

15  methodology must consider all quantifiable cost reductions,

16  other benefits to the agency, and potential impact on general

17  revenue. The methodology must also consider nonquantifiable

18  benefits such as the convenience to individuals and businesses

19  that would benefit from the ability to pay for state goods and

20  services through the use of credit cards, charge cards, and

21  debit cards.

22         (4)  The Chief Financial Officer may Treasurer is

23  authorized to establish contracts with one or more financial

24  institutions, credit card companies, or other entities which

25  may lawfully provide such services, in a manner consistent

26  with chapter 287, for processing credit card, charge card, or

27  debit card collections for deposit into the State Treasury or

28  another qualified public depository.  Any state agency, or the

29  judicial branch, which accepts payment by credit card, charge

30  card, or debit card shall use at least one of the contractors

31  established by the Chief Financial Officer Treasurer unless

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  1  the state agency or judicial branch obtains authorization from

  2  the Chief Financial Officer Treasurer to use another

  3  contractor which is more advantageous to such state agency or

  4  the judicial branch.  Such contracts may authorize a unit of

  5  local government to use the services upon the same terms and

  6  conditions for deposit of credit card, charge card, or debit

  7  card transactions into its qualified public depositories.

  8         Section 217.  Subsections (1) and (2) of section

  9  215.34, Florida Statutes, are amended to read:

10         215.34  State funds; noncollectible items; procedure.--

11         (1)  Any check, draft, or other order for the payment

12  of money in payment of any licenses, fees, taxes, commissions,

13  or charges of any sort authorized to be made under the laws of

14  the state and deposited in the State Treasury as provided

15  herein, which may be returned for any reason by the bank or

16  other payor upon which same shall have been drawn shall be

17  forthwith returned by the Chief Financial Officer State

18  Treasurer for collection to the state officer, the state

19  agency, or the entity of the judicial branch making the

20  deposit. In such case, the Chief Financial Officer may

21  Treasurer is hereby authorized to issue a debit memorandum

22  charging an account of the agency, officer, or entity of the

23  judicial branch which originally received the payment.  The

24  original of the debit memorandum shall state the reason for

25  the return of the check, draft, or other order and shall

26  accompany the item being returned to the officer, agency, or

27  entity of the judicial branch being charged, and a copy of the

28  debit memorandum shall be sent to the Comptroller. The

29  officer, agency, or entity of the judicial branch receiving

30  the charged-back item shall prepare a journal transfer which

31  shall debit the charge against the fund or account to which

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  1  the same shall have been originally credited.  Such procedure

  2  for handling noncollectible items shall not be construed as

  3  paying funds out of the State Treasury without an

  4  appropriation, but shall be considered as an administrative

  5  procedure for the efficient handling of state records and

  6  accounts.

  7         (2)  Whenever a check, draft, or other order for the

  8  payment of money is returned by the Chief Financial Officer

  9  State Treasurer, or by a qualified public depository as

10  defined in s. 280.02, to a state officer, a state agency, or

11  the judicial branch for collection, the officer, agency, or

12  judicial branch shall add to the amount due a service fee of

13  $15 or 5 percent of the face amount of the check, draft, or

14  order, whichever is greater.  An agency or the judicial branch

15  may adopt a rule which prescribes a lesser maximum service

16  fee, which shall be added to the amount due for the dishonored

17  check, draft, or other order tendered for a particular

18  service, license, tax, fee, or other charge, but in no event

19  shall the fee be less than $15. The service fee shall be in

20  addition to all other penalties imposed by law, except that

21  when other charges or penalties are imposed by an agency

22  related to a noncollectible item, the amount of the service

23  fee shall not exceed $150. Proceeds from this fee shall be

24  deposited in the same fund as the collected item. Nothing in

25  this section shall be construed as authorization to deposit

26  moneys outside the State Treasury unless specifically

27  authorized by law.

28         Section 218.  Section 215.35, Florida Statutes, is

29  amended to read:

30         215.35  State funds; warrants and their issuance.--All

31  warrants issued by the Chief Financial Officer Comptroller

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  1  shall be numbered in chronological order commencing with

  2  number one in each fiscal year and each warrant shall refer to

  3  the Chief Financial Officer's Comptroller's voucher by the

  4  number thereof, which voucher shall also be numbered as above

  5  set forth.  Each warrant shall state the name of the payee

  6  thereof and the amount allowed, and said warrant shall be

  7  stated in words at length.  No warrant shall issue until same

  8  has been authorized by an appropriation made by law but such

  9  warrant need not state or set forth such authorization.  The

10  Chief Financial Officer Comptroller shall register and

11  maintain a record of each warrant in his or her office.  The

12  record shall show the funds, accounts, purposes, and

13  departments involved in the issuance of each warrant.  In

14  those instances where the expenditure of funds of regulatory

15  boards or commissions has been provided for by laws other than

16  the annual appropriations bill, warrants shall be issued upon

17  requisition to the Chief Financial Officer State Comptroller

18  by the governing body of such board or commission.

19         Section 219.  Section 215.405, Florida Statutes, is

20  amended to read:

21         215.405  State agencies and the judicial branch

22  authorized to collect costs of fingerprinting.--Any state

23  agency, or the judicial branch, exercising regulatory

24  authority and authorized to take fingerprints of persons

25  within or seeking to come within such agency's or the judicial

26  branch's regulatory power may collect from the person or

27  entity on whose behalf the fingerprints were submitted the

28  actual costs of processing such fingerprints including, but

29  not limited to, any charges imposed by the Department of Law

30  Enforcement or any agency or branch of the United States

31  Government.  This provision shall constitute express authority

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  1  for state agencies and the judicial branch to collect the

  2  actual costs of processing the fingerprints either prior to or

  3  subsequent to the actual processing and shall supersede any

  4  other law to the contrary.  To administer the provisions of

  5  this section, a state agency, or the judicial branch, electing

  6  to collect the cost of fingerprinting is empowered to

  7  promulgate and adopt rules to establish the amounts and the

  8  methods of payment needed to collect such costs.  Collections

  9  made under these provisions shall be deposited with the Chief

10  Financial Officer Treasurer to an appropriate trust fund

11  account to be designated by the Executive Office of the

12  Governor.

13         Section 220.  Section 215.42, Florida Statutes, is

14  amended to read:

15         215.42  Purchases from appropriations, proof of

16  delivery.--The Chief Financial Officer State Comptroller may

17  require proof, as he or she deems necessary, of delivery and

18  receipt of purchases before honoring any voucher for payment

19  from appropriations made in the General Appropriations Act or

20  otherwise provided by law.

21         Section 221.  Section 215.422, Florida Statutes, is

22  amended to read:

23         215.422  Warrants, vouchers, and invoices; processing

24  time limits; dispute resolution; agency or judicial branch

25  compliance.--

26         (1)  The voucher authorizing payment of an invoice

27  submitted to an agency of the state or the judicial branch,

28  required by law to be filed with the Chief Financial Officer

29  Comptroller, shall be filed with the Chief Financial Officer

30  Comptroller not later than 20 days after receipt of the

31  invoice and receipt, inspection, and approval of the goods or

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  1  services, except that in the case of a bona fide dispute the

  2  voucher shall contain a statement of the dispute and authorize

  3  payment only in the amount not disputed.  The Chief Financial

  4  Officer Comptroller may establish dollar thresholds and other

  5  criteria for all invoices and may delegate to a state agency

  6  or the judicial branch responsibility for maintaining the

  7  official vouchers and documents for invoices which do not

  8  exceed the thresholds or which meet the established criteria.

  9  Such records shall be maintained in accordance with the

10  requirements established by the Secretary of State.  The

11  electronic payment request transmission to the Chief Financial

12  Officer Comptroller shall constitute filing of a voucher for

13  payment of invoices for which the Chief Financial Officer

14  Comptroller has delegated to an agency custody of official

15  records. Approval and inspection of goods or services shall

16  take no longer than 5 working days unless the bid

17  specifications, purchase order, or contract specifies

18  otherwise.  If a voucher filed within the 20-day period is

19  returned by the Department of Financial Services Banking and

20  Finance because of an error, it shall nevertheless be deemed

21  timely filed.  The 20-day filing requirement may be waived in

22  whole or in part by the Department of Financial Services

23  Banking and Finance on a showing of exceptional circumstances

24  in accordance with rules and regulations of the department.

25  For the purposes of determining the receipt of invoice date,

26  the agency or the judicial branch is deemed to receive an

27  invoice on the date on which a proper invoice is first

28  received at the place designated by the agency or the judicial

29  branch.  The agency or the judicial branch is deemed to

30  receive an invoice on the date of the invoice if the agency or

31  the judicial branch has failed to annotate the invoice with

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  1  the date of receipt at the time the agency or the judicial

  2  branch actually received the invoice or failed at the time the

  3  order is placed or contract made to designate a specific

  4  location to which the invoice must be delivered.

  5         (2)  The warrant in payment of an invoice submitted to

  6  an agency of the state or the judicial branch shall be issued

  7  not later than 10 days after filing of the voucher authorizing

  8  payment. However, this requirement may be waived in whole or

  9  in part by the Department of Financial Services Banking and

10  Finance on a showing of exceptional circumstances in

11  accordance with rules and regulations of the department.  If

12  the 10-day period contains fewer than 6 working days, the

13  Department of Financial Services Banking and Finance shall be

14  deemed in compliance with this subsection if the warrant is

15  issued within 6 working days without regard to the actual

16  number of calendar days. For purposes of this section, a

17  payment is deemed to be issued on the first working day that

18  payment is available for delivery or mailing to the vendor.

19         (3)(a)  Each agency of the state or the judicial branch

20  which is required by law to file vouchers with the Chief

21  Financial Officer Comptroller shall keep a record of the date

22  of receipt of the invoice; dates of receipt, inspection, and

23  approval of the goods or services; date of filing of the

24  voucher; and date of issuance of the warrant in payment

25  thereof. If the voucher is not filed or the warrant is not

26  issued within the time required, an explanation in writing by

27  the agency head or the Chief Justice shall be submitted to the

28  Department of Financial Services Banking and Finance in a

29  manner prescribed by it. Agencies and the judicial branch

30  shall continue to deliver or mail state payments promptly.

31

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  1         (b)  If a warrant in payment of an invoice is not

  2  issued within 40 days after receipt of the invoice and

  3  receipt, inspection, and approval of the goods and services,

  4  the agency or judicial branch shall pay to the vendor, in

  5  addition to the amount of the invoice, interest at a rate as

  6  established pursuant to s. 55.03(1) on the unpaid balance from

  7  the expiration of such 40-day period until such time as the

  8  warrant is issued to the vendor. Such interest shall be added

  9  to the invoice at the time of submission to the Chief

10  Financial Officer Comptroller for payment whenever possible.

11  If addition of the interest penalty is not possible, the

12  agency or judicial branch shall pay the interest penalty

13  payment within 15 days after issuing the warrant. The

14  provisions of this paragraph apply only to undisputed amounts

15  for which payment has been authorized. Disputes shall be

16  resolved in accordance with rules developed and adopted by the

17  Chief Justice for the judicial branch, and rules adopted by

18  the Department of Financial Services Banking and Finance or in

19  a formal administrative proceeding before an administrative

20  law judge of the Division of Administrative Hearings for state

21  agencies, provided that, for the purposes of ss. 120.569 and

22  120.57(1), no party to a dispute involving less than $1,000 in

23  interest penalties shall be deemed to be substantially

24  affected by the dispute or to have a substantial interest in

25  the decision resolving the dispute. In the case of an error on

26  the part of the vendor, the 40-day period shall begin to run

27  upon receipt by the agency or the judicial branch of a

28  corrected invoice or other remedy of the error. The provisions

29  of this paragraph do not apply when the filing requirement

30  under subsection (1) or subsection (2) has been waived in

31  whole by the Department of Financial Services Banking and

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  1  Finance. The various state agencies and the judicial branch

  2  shall be responsible for initiating the penalty payments

  3  required by this subsection and shall use this subsection as

  4  authority to make such payments. The budget request submitted

  5  to the Legislature shall specifically disclose the amount of

  6  any interest paid by any agency or the judicial branch

  7  pursuant to this subsection. The temporary unavailability of

  8  funds to make a timely payment due for goods or services does

  9  not relieve an agency or the judicial branch from the

10  obligation to pay interest penalties under this section.

11         (c)  An agency or the judicial branch may make partial

12  payments to a contractor upon partial delivery of goods or

13  services or upon partial completion of construction when a

14  request for such partial payment is made by the contractor and

15  approved by the agency. Provisions of this section and rules

16  of the Department of Financial Services Banking and Finance

17  shall apply to partial payments in the same manner as they

18  apply to full payments.

19         (4)  If the terms of the invoice provide a discount for

20  payment in less than 30 days, agencies of the state and the

21  judicial branch shall preferentially process it and use all

22  diligence to obtain the saving by compliance with the invoice

23  terms.

24         (5)  All purchasing agreements between a state agency

25  or the judicial branch and a vendor, applicable to this

26  section, shall include a statement of the vendor's rights and

27  the state's responsibilities under this section.  The vendor's

28  rights shall include being provided with the telephone number

29  of the vendor ombudsman within the Department of Financial

30  Services Banking and Finance, which information shall also be

31  placed on all agency or judicial branch purchase orders.

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  1         (6)  The Department of Financial Services Banking and

  2  Finance shall monitor each agency's and the judicial branch's

  3  compliance with the time limits and interest penalty

  4  provisions of this section.  The department shall provide a

  5  report to an agency or to the judicial branch if the

  6  department determines that the agency or the judicial branch

  7  has failed to maintain an acceptable rate of compliance with

  8  the time limits and interest penalty provisions of this

  9  section.  The department shall establish criteria for

10  determining acceptable rates of compliance. The report shall

11  also include a list of late vouchers or payments, the amount

12  of interest owed or paid, and any corrective actions

13  recommended.  The department shall perform monitoring

14  responsibilities, pursuant to this section, using the

15  Management Services and Purchasing Subsystem or the Florida

16  Accounting Information Resource Subsystem provided in s.

17  215.94.  Each agency and the judicial branch shall be

18  responsible for the accuracy of information entered into the

19  Management Services and Purchasing Subsystem and the Florida

20  Accounting Information Resource Subsystem for use in this

21  monitoring.

22         (7)  There is created a vendor ombudsman within the

23  Department of Financial Services Banking and Finance who shall

24  be responsible for the following functions:

25         (a)  Performing the duties of the department pursuant

26  to subsection (6).

27         (b)  Reviewing requests for waivers due to exceptional

28  circumstances.

29         (c)  Disseminating information relative to the prompt

30  payment policies of this state and assisting vendors in

31  receiving their payments in a timely manner.

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  1         (d)  Performing such other duties as determined by the

  2  department.

  3         (8)  The Department of Financial Services Banking and

  4  Finance is authorized and directed to adopt and promulgate

  5  rules and regulations to implement this section and for

  6  resolution of disputes involving amounts of less than $1,000

  7  in interest penalties for state agencies.  No agency or the

  8  judicial branch shall adopt any rule or policy that is

  9  inconsistent with this section or the Department of Financial

10  Services' Banking and Finance's rules or policies.

11         (9)  Each agency and the judicial branch shall include

12  in the official position description of every officer or

13  employee who is responsible for the approval or processing of

14  vendors' invoices or distribution of warrants to vendors that

15  the requirements of this section are mandatory.

16         (10)  Persistent failure to comply with this section by

17  any agency of the state or the judicial branch shall

18  constitute good cause for discharge of employees duly found

19  responsible, or predominantly responsible, for failure to

20  comply.

21         (11)  Travel and other reimbursements to state officers

22  and employees must be the same as payments to vendors under

23  this section, except payment of Class C travel subsistence.

24  Class C travel subsistence shall be paid in accordance with

25  the schedule established by the Chief Financial Officer

26  Comptroller pursuant to s. 112.061(5)(b). This section does

27  not apply to payments made to state agencies, the judicial

28  branch, or the legislative branch.

29         (12)  In the event that a state agency or the judicial

30  branch contracts with a third party, uses a revolving fund, or

31  pays from a local bank account to process and pay invoices for

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  1  goods or services, all requirements for financial obligations

  2  and time processing set forth in this section shall be

  3  applicable and the state agency or the judicial branch shall

  4  be responsible for paying vendors the interest assessed for

  5  untimely payment. The state agency or the judicial branch may,

  6  through its contract with a third party, require the third

  7  party to pay interest from the third party's funds.

  8         (13)  Notwithstanding the provisions of subsections (3)

  9  and (12), in order to alleviate any hardship that may be

10  caused to a health care provider as a result of delay in

11  receiving reimbursement for services, any payment or payments

12  for hospital, medical, or other health care services which are

13  to be reimbursed by a state agency or the judicial branch,

14  either directly or indirectly, shall be made to the health

15  care provider not more than 35 days from the date eligibility

16  for payment of such claim is determined.  If payment is not

17  issued to a health care provider within 35 days after the date

18  eligibility for payment of the claim is determined, the state

19  agency or the judicial branch shall pay the health care

20  provider interest at a rate of 1 percent per month calculated

21  on a calendar day basis on the unpaid balance from the

22  expiration of such 35-day period until such time as payment is

23  made to the health care provider, unless a waiver in whole has

24  been granted by the Department of Financial Services Banking

25  and Finance pursuant to subsection (1) or subsection (2).

26         (14)  The Chief Financial Officer Comptroller may adopt

27  rules to authorize advance payments for goods and services,

28  including, but not limited to, maintenance agreements and

29  subscriptions.  Such rules shall provide objective criteria

30  for determining when it is in the best interest of the state

31  to make payments in advance and shall also provide for

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  1  adequate protection to ensure that such goods or services will

  2  be provided.

  3         (15)  Nothing contained in this section shall be

  4  construed to be an appropriation.  Any interest which becomes

  5  due and owing pursuant to this section shall only be payable

  6  from the appropriation charged for such goods or services.

  7         (16)  Notwithstanding the provisions of s. 24.120(3),

  8  applicable to warrants issued for payment of invoices

  9  submitted by the Department of the Lottery, the Chief

10  Financial Officer Comptroller may, by written agreement with

11  the Department of the Lottery, establish a shorter time

12  requirement than the 10 days provided in subsection (2) for

13  warrants issued for payment.  Pursuant to such written

14  agreement, the Department of the Lottery shall reimburse the

15  Chief Financial Officer Comptroller for costs associated with

16  processing invoices under the agreement.

17         Section 222.  Subsection (1) of section 215.44, Florida

18  Statutes, is amended to read:

19         215.44  Board of Administration; powers and duties in

20  relation to investment of trust funds.--

21         (1)  Except when otherwise specifically provided by the

22  State Constitution and subject to any limitations of the trust

23  agreement relating to a trust fund, the Board of

24  Administration, hereinafter sometimes referred to as "board,"

25  composed of the Governor as chair, the Chief Financial Officer

26  Treasurer, and the Attorney General Comptroller, shall invest

27  all the funds in the System Trust Fund, as defined in s.

28  121.021(36), and all other funds specifically required by law

29  to be invested by the board pursuant to ss. 215.44-215.53 to

30  the fullest extent that is consistent with the cash

31  requirements, trust agreement, and investment objectives of

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  1  the fund. Notwithstanding any other law to the contrary, the

  2  State Board of Administration may invest any funds of any

  3  state agency or any unit of local government pursuant to the

  4  terms of a trust agreement with the head of the state agency

  5  or the governing body of the unit of local government, which

  6  trust agreement shall govern the investment of such funds,

  7  provided that the board shall approve the undertaking of such

  8  investment before execution of the trust agreement by the

  9  State Board of Administration. The funds and the earnings

10  therefrom are exempt from the service charge imposed by s.

11  215.20. As used in this subsection, the term "state agency"

12  has the same meaning as that provided in s. 216.001, and the

13  terms "governing body" and "unit of local government" have the

14  same meaning as that provided in s. 218.403.

15         Section 223.  Section 215.50, Florida Statutes, is

16  amended to read:

17         215.50  Custody of securities purchased; income.--

18         (1)  All securities purchased or held may, with the

19  approval of the board, be in the custody of the Chief

20  Financial Officer Treasurer or the Chief Financial Officer

21  Treasurer as treasurer ex officio of the board, or be

22  deposited with a bank or trust company to be held in

23  safekeeping by such bank or trust company for the collection

24  of principal and interest or of the proceeds of the sale

25  thereof.

26         (2)  It shall be the duty of the board or of the Chief

27  Financial Officer Treasurer, as custodian of the securities of

28  the board, to collect the interest or other income on, and the

29  principal of, such securities in their custody as the sums

30  become due and payable and to pay the same, when so collected,

31

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  1  into the investment account of the fund to which the

  2  investments belong.

  3         (3)  The Chief Financial Officer Treasurer, as

  4  custodian of securities owned by the Florida Retirement System

  5  Trust Fund and the Florida Survivor Benefit Trust Fund, shall

  6  collect the interest, dividends, prepayments, maturities,

  7  proceeds from sales, and other income accruing from such

  8  assets.  As such income is collected by the Chief Financial

  9  Officer Treasurer, it shall be deposited directly into a

10  commercial bank to the credit of the State Board of

11  Administration.  Such bank accounts as may be required for

12  this purpose shall offer satisfactory collateral security as

13  provided by chapter 280.  In the event funds so deposited

14  according to the provisions of this section are required for

15  the purpose of paying benefits or other operational needs, the

16  State Board of Administration shall remit to the Florida

17  Retirement System Trust Fund in the State Treasury such

18  amounts as may be requested by the Department of Management

19  Services.

20         (4)  Securities that the board selects to use for

21  options operations under s. 215.45 or for lending under s.

22  215.47(16) shall be registered by the Chief Financial Officer

23  Treasurer in the name of a third-party nominee in order to

24  facilitate such operations.

25         Section 224.  Section 215.551, Florida Statutes, is

26  amended to read:

27         215.551  Federal Use of State Lands Trust Fund; county

28  distribution.--

29         (1)  The Chief Financial Officer Comptroller may make

30  distribution of the Federal Use of State Lands Trust Fund,

31

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  1  when so requested by the counties in interest, of such amounts

  2  as may be accumulated in that fund.

  3         (2)  The Chief Financial Officer Comptroller shall

  4  ascertain, from the records of the General Land Office or

  5  other departments in Washington, D.C., the number of acres of

  6  land situated in the several counties in which the

  7  Apalachicola, Choctawhatchee, Ocala, and Osceola Forest

  8  Reserves are located, the number of acres of land of such

  9  forest reserve embraced in each of the counties in each of the

10  reserves, and, also, the amount of money received by the

11  United States Government from each of the reserves,

12  respectively.  The Chief Financial Officer Comptroller shall

13  apportion the money on hand to each county in each reserve,

14  respectively and separately; such distribution shall be based

15  upon the number of acres of land embraced in the Apalachicola

16  Forest, Choctawhatchee Forest, Ocala Forest, and Osceola

17  Forest, respectively, in each county and shall be further

18  based upon the amount collected by the United States from each

19  of such forests, so that such distribution, when made, will

20  include for each county the amount due each county, based upon

21  the receipts for the particular forest and the acreage in the

22  particular county in which such forest is located.  The Chief

23  Financial Officer Comptroller shall issue two warrants on the

24  Treasurer in each case, the sum of which shall be the amount

25  due each of such counties from the fund.  One warrant shall be

26  payable to the county for the county general road fund, and

27  one warrant, of equal amount, shall be payable to such

28  county's district school board for the district school fund.

29         (3)  In the event that actual figures of receipts from

30  different reserves cannot be obtained by counties, so as to

31  fully comply with subsections (1) and (2), the Chief Financial

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  1  Officer Comptroller may adjust the matter according to the

  2  United States statutes, or as may appear to him or her to be

  3  just and fair, and with the approval of all counties in

  4  interest.

  5         (4)  The moneys that may be received and credited to

  6  the Federal Use of State Lands Trust Fund are appropriated for

  7  the payment of the warrants of the Chief Financial Officer

  8  Comptroller drawn on the Treasurer in pursuance of this

  9  section.

10         Section 225.  Section 215.552, Florida Statutes, is

11  amended to read:

12         215.552  Federal Use of State Lands Trust Fund; land

13  within military installations; county distribution.--The Chief

14  Financial Officer Comptroller shall distribute moneys from the

15  Federal Use of State Lands Trust Fund when so requested by the

16  counties so affected.  The Chief Financial Officer Comptroller

17  shall apportion the money on hand equal to the percentage of

18  land in each county within each military installation, and the

19  amount so apportioned to each county shall be applied by such

20  counties equally divided between the district school fund and

21  the general road fund of such counties.

22         Section 226.  Paragraph (c) of subsection (2),

23  paragraph (d) of subsection (4), and paragraphs (a), (b), and

24  (c) of subsection (6) of section 215.555, Florida Statutes,

25  are amended to read:

26         215.555  Florida Hurricane Catastrophe Fund.--

27         (2)  DEFINITIONS.--As used in this section:

28         (c)  "Covered policy" means any insurance policy

29  covering residential property in this state, including, but

30  not limited to, any homeowner's, mobile home owner's, farm

31  owner's, condominium association, condominium unit owner's,

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  1  tenant's, or apartment building policy, or any other policy

  2  covering a residential structure or its contents issued by any

  3  authorized insurer, including any joint underwriting

  4  association or similar entity created pursuant to law.

  5  Additionally, covered policies include policies covering the

  6  peril of wind removed from the Florida Residential Property

  7  and Casualty Joint Underwriting Association, created pursuant

  8  to s. 627.351(6), or from the Florida Windstorm Underwriting

  9  Association, created pursuant to s. 627.351(2), by an

10  authorized insurer under the terms and conditions of an

11  executed assumption agreement between the authorized insurer

12  and either such association. Each assumption agreement between

13  either association and such authorized insurer must be

14  approved by the Florida Department of Financial Services

15  Insurance prior to the effective date of the assumption, and

16  the Department of Financial Services Insurance must provide

17  written notification to the board within 15 working days after

18  such approval. "Covered policy" does not include any policy

19  that excludes wind coverage or hurricane coverage or any

20  reinsurance agreement and does not include any policy

21  otherwise meeting this definition which is issued by a surplus

22  lines insurer or a reinsurer.

23         (4)  REIMBURSEMENT CONTRACTS.--

24         (d)1.  For purposes of determining potential liability

25  and to aid in the sound administration of the fund, the

26  contract shall require each insurer to report such insurer's

27  losses from each covered event on an interim basis, as

28  directed by the board.  The contract shall require the insurer

29  to report to the board no later than December 31 of each year,

30  and quarterly thereafter, its reimbursable losses from covered

31  events for the year. The contract shall require the board to

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  1  determine and pay, as soon as practicable after receiving

  2  these reports of reimbursable losses, the initial amount of

  3  reimbursement due and adjustments to this amount based on

  4  later loss information. The adjustments to reimbursement

  5  amounts shall require the board to pay, or the insurer to

  6  return, amounts reflecting the most recent calculation of

  7  losses.

  8         2.  In determining reimbursements pursuant to this

  9  subsection, the contract shall provide that the board shall:

10         a.  First reimburse insurers writing covered policies,

11  which insurers are in full compliance with this section and

12  have petitioned the Department of Financial Services Insurance

13  and qualified as limited apportionment companies under s.

14  627.351(2)(b)3.  The amount of such reimbursement shall be the

15  lesser of $10 million or an amount equal to 10 times the

16  insurer's reimbursement premium for the current year.  The

17  amount of reimbursement paid under this sub-subparagraph may

18  not exceed the full amount of reimbursement promised in the

19  reimbursement contract. This sub-subparagraph does not apply

20  with respect to any contract year in which the year-end

21  projected cash balance of the fund, exclusive of any bonding

22  capacity of the fund, exceeds $2 billion. Only one member of

23  any insurer group may receive reimbursement under this

24  sub-subparagraph.

25         b.  Next pay to each insurer such insurer's projected

26  payout, which is the amount of reimbursement it is owed, up to

27  an amount equal to the insurer's share of the actual premium

28  paid for that contract year, multiplied by the actual

29  claims-paying capacity available for that contract year;

30  provided, entities created pursuant to s. 627.351 shall be

31  further reimbursed in accordance with sub-subparagraph c.

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  1         c.  Thereafter, establish, based on reimbursable

  2  losses, the prorated reimbursement level at the highest level

  3  for which any remaining fund balance or bond proceeds are

  4  sufficient to reimburse entities created pursuant to s.

  5  627.351 for losses exceeding the amounts payable pursuant to

  6  sub-subparagraph b. for the current contract year.

  7         (6)  REVENUE BONDS.--

  8         (a)  General provisions.--

  9         1.  Upon the occurrence of a hurricane and a

10  determination that the moneys in the fund are or will be

11  insufficient to pay reimbursement at the levels promised in

12  the reimbursement contracts, the board may take the necessary

13  steps under paragraph (b) or paragraph (c) for the issuance of

14  revenue bonds for the benefit of the fund.  The proceeds of

15  such revenue bonds may be used to make reimbursement payments

16  under reimbursement contracts; to refinance or replace

17  previously existing borrowings or financial arrangements; to

18  pay interest on bonds; to fund reserves for the bonds; to pay

19  expenses incident to the issuance or sale of any bond issued

20  under this section, including costs of validating, printing,

21  and delivering the bonds, costs of printing the official

22  statement, costs of publishing notices of sale of the bonds,

23  and related administrative expenses; or for such other

24  purposes related to the financial obligations of the fund as

25  the board may determine. The term of the bonds may not exceed

26  30 years. The board may pledge or authorize the corporation to

27  pledge all or a portion of all revenues under subsection (5)

28  and under subparagraph 3. to secure such revenue bonds and the

29  board may execute such agreements between the board and the

30  issuer of any revenue bonds and providers of other financing

31  arrangements under paragraph (7)(b) as the board deems

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  1  necessary to evidence, secure, preserve, and protect such

  2  pledge. If reimbursement premiums received under subsection

  3  (5) or earnings on such premiums are used to pay debt service

  4  on revenue bonds, such premiums and earnings shall be used

  5  only after the use of the moneys derived from assessments

  6  under subparagraph 3.  The funds, credit, property, or taxing

  7  power of the state or political subdivisions of the state

  8  shall not be pledged for the payment of such bonds. The board

  9  may also enter into agreements under paragraph (b) or

10  paragraph (c) for the purpose of issuing revenue bonds in the

11  absence of a hurricane upon a determination that such action

12  would maximize the ability of the fund to meet future

13  obligations.

14         2.  The Legislature finds and declares that the

15  issuance of bonds under this subsection is for the public

16  purpose of paying the proceeds of the bonds to insurers,

17  thereby enabling insurers to pay the claims of policyholders

18  to assure that policyholders are able to pay the cost of

19  construction, reconstruction, repair, restoration, and other

20  costs associated with damage to property of policyholders of

21  covered policies after the occurrence of a hurricane. Revenue

22  bonds may not be issued under this subsection until validated

23  under chapter 75. The validation of at least the first

24  obligations incurred pursuant to this subsection shall be

25  appealed to the Supreme Court, to be handled on an expedited

26  basis.

27         3.  If the board determines that the amount of revenue

28  produced under subsection (5) is insufficient to fund the

29  obligations, costs, and expenses of the fund and the

30  corporation, including repayment of revenue bonds, the board

31  shall direct the Department of Financial Services Insurance to

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  1  levy an emergency assessment on each insurer writing property

  2  and casualty business in this state. Pursuant to the emergency

  3  assessment, each such insurer shall pay to the corporation by

  4  July 1 of each year an amount set by the board not exceeding 2

  5  percent of its gross direct written premium for the prior year

  6  from all property and casualty business in this state except

  7  for workers' compensation, except that, if the Governor has

  8  declared a state of emergency under s. 252.36 due to the

  9  occurrence of a covered event, the amount of the assessment

10  for the contract year may be increased to an amount not

11  exceeding 4 percent of such premium. Any assessment authority

12  not used for the contract year may be used for a subsequent

13  contract year. If, for a subsequent contract year, the board

14  determines that the amount of revenue produced under

15  subsection (5) is insufficient to fund the obligations, costs,

16  and expenses of the fund and the corporation, including

17  repayment of revenue bonds for that contract year, the board

18  shall direct the Department of Financial Services Insurance to

19  levy an emergency assessment up to an amount not exceeding the

20  amount of unused assessment authority from a previous contract

21  year or years, plus an additional 2 percent if the Governor

22  has declared a state of emergency under s. 252.36 due to the

23  occurrence of a covered event. Any assessment authority not

24  used for the contract year may be used for a subsequent

25  contract year. As used in this subsection, the term "property

26  and casualty business" includes all lines of business

27  identified on Form 2, Exhibit of Premiums and Losses, in the

28  annual statement required by s. 624.424 and any rules adopted

29  under such section, except for those lines identified as

30  accident and health insurance. The annual assessments under

31  this subparagraph shall continue as long as the revenue bonds

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  1  issued with respect to which the assessment was imposed are

  2  outstanding, unless adequate provision has been made for the

  3  payment of such bonds pursuant to the documents authorizing

  4  issuance of the bonds.  An insurer shall not at any time be

  5  subject to aggregate annual assessments under this

  6  subparagraph of more than 2 percent of premium, except that in

  7  the case of a declared emergency, an insurer shall not at any

  8  time be subject to aggregate annual assessments under this

  9  subparagraph of more than 6 percent of premium; provided, no

10  more than 4 percent may be assessed for any one contract year.

11  Any rate filing or portion of a rate filing reflecting a rate

12  change attributable entirely to the assessment levied under

13  this subparagraph shall be deemed approved when made, subject

14  to the authority of the Department of Financial Services

15  Insurance to require actuarial justification as to the

16  adequacy of any rate at any time.  If the rate filing reflects

17  only a rate change attributable to the assessment under this

18  paragraph, the filing may consist of a certification so

19  stating. The assessments otherwise payable to the corporation

20  pursuant to this subparagraph shall be paid instead to the

21  fund unless and until the Department of Financial Services

22  Insurance has received from the corporation and the fund a

23  notice, which shall be conclusive and upon which the

24  Department of Financial Services Insurance may rely without

25  further inquiry, that the corporation has issued bonds and the

26  fund has no agreements in effect with local governments

27  pursuant to paragraph (b).  On or after the date of such

28  notice and until such date as the corporation has no bonds

29  outstanding, the fund shall have no right, title, or interest

30  in or to the assessments, except as provided in the fund's

31  agreements with the corporation.

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  1         (b)  Revenue bond issuance through counties or

  2  municipalities.--

  3         1.  If the board elects to enter into agreements with

  4  local governments for the issuance of revenue bonds for the

  5  benefit of the fund, the board shall enter into such contracts

  6  with one or more local governments, including agreements

  7  providing for the pledge of revenues, as are necessary to

  8  effect such issuance. The governing body of a county or

  9  municipality is authorized to issue bonds as defined in s.

10  125.013 or s. 166.101 from time to time to fund an assistance

11  program, in conjunction with the Florida Hurricane Catastrophe

12  Fund, for the purposes set forth in this section or for the

13  purpose of paying the costs of construction, reconstruction,

14  repair, restoration, and other costs associated with damage to

15  properties of policyholders of covered policies due to the

16  occurrence of a hurricane by assuring that policyholders

17  located in this state are able to recover claims under

18  property insurance policies after a covered event.

19         2.  In order to avoid needless and indiscriminate

20  proliferation, duplication, and fragmentation of such

21  assistance programs, any local government may provide for the

22  payment of fund reimbursements, regardless of whether or not

23  the losses for which reimbursement is made occurred within or

24  outside of the territorial jurisdiction of the local

25  government.

26         3.  The state hereby covenants with holders of bonds

27  issued under this paragraph that the state will not repeal or

28  abrogate the power of the board to direct the Department of

29  Financial Services Insurance to levy the assessments and to

30  collect the proceeds of the revenues pledged to the payment of

31  such bonds as long as any such bonds remain outstanding unless

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  1  adequate provision has been made for the payment of such bonds

  2  pursuant to the documents authorizing the issuance of such

  3  bonds.

  4         4.  There shall be no liability on the part of, and no

  5  cause of action shall arise against any members or employees

  6  of the governing body of a local government for any actions

  7  taken by them in the performance of their duties under this

  8  paragraph.

  9         (c)  Florida Hurricane Catastrophe Fund Finance

10  Corporation.--

11         1.  In addition to the findings and declarations in

12  subsection (1), the Legislature also finds and declares that:

13         a.  The public benefits corporation created under this

14  paragraph will provide a mechanism necessary for the

15  cost-effective and efficient issuance of bonds. This mechanism

16  will eliminate unnecessary costs in the bond issuance process,

17  thereby increasing the amounts available to pay reimbursement

18  for losses to property sustained as a result of hurricane

19  damage.

20         b.  The purpose of such bonds is to fund reimbursements

21  through the Florida Hurricane Catastrophe Fund to pay for the

22  costs of construction, reconstruction, repair, restoration,

23  and other costs associated with damage to properties of

24  policyholders of covered policies due to the occurrence of a

25  hurricane.

26         c.  The efficacy of the financing mechanism will be

27  enhanced by the corporation's ownership of the assessments, by

28  the insulation of the assessments from possible bankruptcy

29  proceedings, and by covenants of the state with the

30  corporation's bondholders.

31

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  1         2.a.  There is created a public benefits corporation,

  2  which is an instrumentality of the state, to be known as the

  3  Florida Hurricane Catastrophe Fund Finance Corporation.

  4         b.  The corporation shall operate under a five-member

  5  board of directors consisting of the Governor or a designee,

  6  the Chief Financial Officer Comptroller or a designee, the

  7  Attorney General Treasurer or a designee, the director of the

  8  Division of Bond Finance of the State Board of Administration,

  9  and the chief operating officer of the Florida Hurricane

10  Catastrophe Fund.

11         c.  The corporation has all of the powers of

12  corporations under chapter 607 and under chapter 617, subject

13  only to the provisions of this subsection.

14         d.  The corporation may issue bonds and engage in such

15  other financial transactions as are necessary to provide

16  sufficient funds to achieve the purposes of this section.

17         e.  The corporation may invest in any of the

18  investments authorized under s. 215.47.

19         f.  There shall be no liability on the part of, and no

20  cause of action shall arise against, any board members or

21  employees of the corporation for any actions taken by them in

22  the performance of their duties under this paragraph.

23         3.a.  In actions under chapter 75 to validate any bonds

24  issued by the corporation, the notice required by s. 75.06

25  shall be published only in Leon County and in two newspapers

26  of general circulation in the state, and the complaint and

27  order of the court shall be served only on the State Attorney

28  of the Second Judicial Circuit.

29         b.  The state hereby covenants with holders of bonds of

30  the corporation that the state will not repeal or abrogate the

31  power of the board to direct the Department of Financial

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  1  Services Insurance to levy the assessments and to collect the

  2  proceeds of the revenues pledged to the payment of such bonds

  3  as long as any such bonds remain outstanding unless adequate

  4  provision has been made for the payment of such bonds pursuant

  5  to the documents authorizing the issuance of such bonds.

  6         4.  The bonds of the corporation are not a debt of the

  7  state or of any political subdivision, and neither the state

  8  nor any political subdivision is liable on such bonds. The

  9  corporation does not have the power to pledge the credit, the

10  revenues, or the taxing power of the state or of any political

11  subdivision. The credit, revenues, or taxing power of the

12  state or of any political subdivision shall not be deemed to

13  be pledged to the payment of any bonds of the corporation.

14         5.a.  The property, revenues, and other assets of the

15  corporation; the transactions and operations of the

16  corporation and the income from such transactions and

17  operations; and all bonds issued under this paragraph and

18  interest on such bonds are exempt from taxation by the state

19  and any political subdivision, including the intangibles tax

20  under chapter 199 and the income tax under chapter 220. This

21  exemption does not apply to any tax imposed by chapter 220 on

22  interest, income, or profits on debt obligations owned by

23  corporations other than the Florida Hurricane Catastrophe Fund

24  Finance Corporation.

25         b.  All bonds of the corporation shall be and

26  constitute legal investments without limitation for all public

27  bodies of this state; for all banks, trust companies, savings

28  banks, savings associations, savings and loan associations,

29  and investment companies; for all administrators, executors,

30  trustees, and other fiduciaries; for all insurance companies

31  and associations and other persons carrying on an insurance

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  1  business; and for all other persons who are now or may

  2  hereafter be authorized to invest in bonds or other

  3  obligations of the state and shall be and constitute eligible

  4  securities to be deposited as collateral for the security of

  5  any state, county, municipal, or other public funds. This

  6  sub-subparagraph shall be considered as additional and

  7  supplemental authority and shall not be limited without

  8  specific reference to this sub-subparagraph.

  9         6.  The corporation and its corporate existence shall

10  continue until terminated by law; however, no such law shall

11  take effect as long as the corporation has bonds outstanding

12  unless adequate provision has been made for the payment of

13  such bonds pursuant to the documents authorizing the issuance

14  of such bonds. Upon termination of the existence of the

15  corporation, all of its rights and properties in excess of its

16  obligations shall pass to and be vested in the state.

17         Section 227.  Subsection (5) of section 215.559,

18  Florida Statutes, is amended to read:

19         215.559  Hurricane Loss Mitigation Program.--

20         (5)  Except for the program set forth in subsection

21  (3), the Department of Community Affairs shall develop the

22  programs set forth in this section in consultation with an

23  advisory council consisting of a representative designated by

24  the Department of Financial Services Insurance, a

25  representative designated by the Florida Home Builders

26  Association, a representative designated by the Florida

27  Insurance Council, a representative designated by the

28  Federation of Manufactured Home Owners, a representative

29  designated by the Florida Association of Counties, and a

30  representative designated by the Florida Manufactured Housing

31  Association.

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  1         Section 228.  Paragraph (c) of subsection (1) and

  2  paragraph (a) of subsection (3) of section 215.56005, Florida

  3  Statutes, are amended to read:

  4         215.56005  Tobacco Settlement Financing Corporation.--

  5         (1)  DEFINITIONS.--As used in this section:

  6         (c)  "Department" means the Department of Financial

  7  Services Banking and Finance or its successor.

  8         (3)  POWERS OF THE DEPARTMENT.--

  9         (a)  The department is authorized, on behalf of the

10  state, to do all things necessary or desirable to assist the

11  corporation in the execution of the corporation's

12  responsibilities, including, but not limited to, processing

13  budget amendments against the Department of Financial Services

14  Banking and Finance Tobacco Settlement Clearing Trust Fund,

15  subject to the requirements of s. 216.177, for the costs and

16  expenses of administration of the corporation in an amount not

17  to exceed $500,000; entering into one or more purchase

18  agreements to sell to the corporation any or all of the

19  state's right, title, and interest in and to the tobacco

20  settlement agreement; executing any administrative agreements

21  with the corporation to fund the administration, operation,

22  and expenses of the corporation from moneys appropriated for

23  such purpose; and executing and delivering any and all other

24  documents and agreements necessary or desirable in connection

25  with the sale of any or all of the state's right, title, and

26  interest in and to the tobacco settlement agreement to the

27  corporation or the issuance of the bonds by the corporation.

28  The department's authority to sell any or all of the state's

29  right, title, and interest in and to the tobacco settlement

30  agreement is subject to approval by the Legislature in a

31  regular, extended, or special session.

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  1         Section 229.  Subsection (3) and paragraph (a) of

  2  subsection (5) of section 215.5601, Florida Statutes, are

  3  amended to read:

  4         215.5601  Lawton Chiles Endowment Fund.--

  5         (3)  LAWTON CHILES ENDOWMENT FUND; CREATION;

  6  PRINCIPAL.--

  7         (a)  There is created the Lawton Chiles Endowment Fund,

  8  to be administered by the State Board of Administration. The

  9  endowment shall serve as a clearing trust fund, not subject to

10  termination under s. 19(f), Art. III of the State

11  Constitution. The endowment fund shall be exempt from the

12  service charges imposed by s. 215.20.

13         (b)  The endowment shall receive moneys from the sale

14  of the state's right, title, and interest in and to the

15  tobacco settlement agreement as defined in s. 215.56005,

16  including the right to receive payments under such agreement,

17  and from accounts transferred from the Department of Financial

18  Services Banking and Finance Tobacco Settlement Clearing Trust

19  Fund established under s. 17.41. Amounts to be transferred

20  from the Department of Financial Services Banking and Finance

21  Tobacco Settlement Clearing Trust Fund to the endowment shall

22  be in the following amounts for the following fiscal years:

23         1.  For fiscal year 1999-2000, $1.1 billion;

24         2.  For fiscal year 2000-2001, $200 million;

25         3.  For fiscal year 2001-2002, $200 million;

26         4.  For fiscal year 2002-2003, $200 million; and

27         (c)  Amounts to be transferred under subparagraphs

28  (b)2., 3., and 4. may be reduced by an amount equal to the

29  lesser of $200 million or the amount the endowment receives in

30  that fiscal year from the sale of the state's right, title,

31  and interest in and to the tobacco settlement agreement.

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  1         (d)  For fiscal year 2001-2002, $150 million of the

  2  existing principal in the endowment shall be reserved and

  3  accounted for within the endowment, the income from which

  4  shall be used solely for the funding for biomedical research

  5  activities as provided in s. 215.5602. The income from the

  6  remaining principal shall be used solely as the source of

  7  funding for health and human services programs for children

  8  and elders as provided in subsection (5). The separate account

  9  for biomedical research shall be dissolved and the entire

10  principal in the endowment shall be used exclusively for

11  health and human services programs when cures have been found

12  for tobacco-related cancer, heart, and lung disease.

13         (5)  AVAILABILITY OF FUNDS; USES.--

14         (a)  Funds from the endowment which are available for

15  legislative appropriation shall be transferred by the board to

16  the Department of Financial Services Banking and Finance

17  Tobacco Settlement Clearing Trust Fund, created in s. 17.41,

18  and disbursed in accordance with the legislative

19  appropriation.

20         1.  Appropriations by the Legislature to the Department

21  of Health from endowment earnings from the principal set aside

22  for biomedical research shall be from a category called the

23  Florida Biomedical Research Program and shall be deposited

24  into the Biomedical Research Trust Fund in the Department of

25  Health established in s. 20.435.

26         2.  Appropriations by the Legislature to the Department

27  of Children and Family Services, the Department of Health, or

28  the Department of Elderly Affairs for health and human

29  services programs shall be from a category called the Lawton

30  Chiles Endowment Fund Programs and shall be deposited into

31

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  1  each department's respective Tobacco Settlement Trust Fund as

  2  appropriated.

  3         Section 230.  Section 215.58, Florida Statutes, is

  4  amended to read:

  5         215.58  Definitions relating to State Bond Act.--The

  6  following words or terms when used in this act shall have the

  7  following meanings:

  8         (1)  "Governor" means shall mean the Governor of the

  9  state or any Acting Governor or other person then exercising

10  the duties of the office of Governor.

11         (2)  "Treasurer" shall mean the Insurance Commissioner

12  and Treasurer.

13         (3)  "Comptroller" shall mean the State Comptroller.

14         (2)(4)  "State" means shall mean the State of Florida.

15         (3)(5)  "Division" means shall mean the Division of

16  Bond Finance.

17         (4)(6)  "Board" means shall mean the governing board of

18  the said division, which shall be composed of the Governor and

19  Cabinet.

20         (5)(7)  "Director" means shall mean the chief

21  administrator of the division, who shall act on behalf of the

22  division when authorized by the board, as provided by this

23  act.

24         (6)(8)  "State agency" means shall mean any board,

25  commission, authority, or other state agency heretofore or

26  hereafter created by the constitution or statutes of the

27  state.

28         (7)(9)  "Bonds" means shall mean state bonds, or any

29  revenue bonds, certificates or other obligations heretofore or

30  hereafter authorized to be issued by said division or by any

31  state agency.

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  1         (8)(10)  "State bonds" means shall mean bonds pledging

  2  the full faith and credit of the State of Florida.

  3         (9)(11)  "Legislature" means shall mean the State

  4  Legislature.

  5         (11)(12)  "Constitution" means shall mean the existing

  6  constitution of the state, or any constitution hereafter

  7  adopted by the people of the state, together with all

  8  amendments thereof.

  9         (11)(13)  "Original issue discount" means the amount by

10  which the par value of a bond exceeds its public offering

11  price at the time it is originally offered to an investor.

12         (12)(14)  "Governmental agency" means shall mean:

13         (a)  The state or any department, commission, agency,

14  or other instrumentality thereof.

15         (b)  Any county or municipality or any department,

16  commission, agency, or other instrumentality thereof.

17         (c)  Any school board or special district, authority,

18  or governmental entity.

19         Section 231.  Subsection (1) of section 215.62, Florida

20  Statutes, is amended to read:

21         215.62  Division of Bond Finance.--

22         (1)  There is hereby created a division of the State

23  Board of Administration of the state to be known as the

24  Division of Bond Finance.  The Governor shall be the chair of

25  the governing board of the division, the Attorney General

26  Comptroller shall be the secretary of the board, and the Chief

27  Financial Officer Treasurer shall be the treasurer of the

28  board for the purposes of this act.  The division shall be a

29  public body corporate for the purposes of this act.

30         Section 232.  Subsections (2), (3), (4), (5), and (8)

31  of section 215.684, Florida Statutes, are amended to read:

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  1         215.684  Limitation on engaging services of securities

  2  broker or bond underwriter convicted of fraud.--

  3         (2)  Upon notification under chapter 517 that a person

  4  or firm has been convicted or has pleaded as provided in

  5  subsection (1), the Chief Financial Officer Comptroller shall

  6  issue a notice of intent to take action to disqualify such

  7  person or firm, which notice must state that:

  8         (a)  Such person or firm is considered a disqualified

  9  securities broker or bond underwriter;

10         (b)  A state agency may not enter into a contract with

11  such person or firm as a securities broker or bond underwriter

12  for any new business for a period of 2 years;

13         (c)  The substantial rights of such person or firm as a

14  securities broker or bond underwriter are being affected and

15  the person or firm has the rights accorded pursuant to ss.

16  120.569 and 120.57; and

17         (d)  Such person or firm may petition to mitigate the

18  duration of his or her disqualification, based on the criteria

19  established in subsection (3) and may request that such

20  mitigation be considered as part of any hearing under ss.

21  120.569 and 120.57.

22         (3)  The Chief Financial Officer Comptroller shall

23  decide, based on the following criteria, whether or not to

24  mitigate the duration of the disqualification:

25         (a)  The nature and details of the crime;

26         (b)  The degree of culpability of the person or firm

27  proposed to be requalified;

28         (c)  Prompt or voluntary payment of any damages or

29  penalty as a result of the conviction and disassociation from

30  any other person or firm involved in the crimes of fraud;

31

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  1         (d)  Cooperation with state or federal investigation or

  2  prosecution of the crime of fraud;

  3         (e)  Prior or future self-policing by the person or

  4  firm to prevent crimes of fraud; and

  5         (f)  Reinstatement or clemency in any jurisdiction in

  6  relation to the crime at issue in the proceeding.

  7         (4)  If the Chief Financial Officer Comptroller in his

  8  or her sole discretion decides to mitigate the duration of the

  9  disqualification based on the foregoing, the duration of

10  disqualification shall be for any period the Chief Financial

11  Officer Comptroller specifies up to 2 years from the date of

12  the person's or firm's conviction or plea. If the Chief

13  Financial Officer Comptroller refuses to mitigate the duration

14  of the disqualification, such person or firm may again file

15  for mitigation no sooner than 9 months after denial by the

16  Chief Financial Officer Comptroller.

17         (5)  Notwithstanding subsection (4), a firm or person

18  at any time may petition the Chief Financial Officer

19  Comptroller for termination of the disqualification based upon

20  a reversal of the conviction of the firm or person by an

21  appellate court or a pardon.

22         (8)  Except when otherwise provided by law for crimes

23  of fraud with respect to the transaction of business with any

24  public entity or with an agency or political subdivision of

25  any other state or with the United States, this act

26  constitutes the sole authorization for determining when a

27  person or firm convicted or having pleaded guilty or nolo

28  contendere to the crime of fraud may not be engaged to provide

29  services as a securities broker or bond underwriter with the

30  state.  Nothing in this act shall be construed to affect the

31  authority granted the Chief Financial Officer Comptroller

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  1  under chapter 517 to revoke or suspend the license of such

  2  securities dealer or bond underwriter.

  3         Section 233.  Subsection (4) of section 215.70, Florida

  4  Statutes, is amended to read:

  5         215.70  State Board of Administration to act in case of

  6  defaults.--

  7         (4)  Whenever it becomes necessary for state funds to

  8  be appropriated for the payment of principal or interest on

  9  bonds which have been issued by the Division of Bond Finance

10  on behalf of any local government or authority and for which

11  the full faith and credit of the state has been pledged, any

12  state shared revenues otherwise earmarked for the local

13  government or authority shall be used by the Chief Financial

14  Officer Comptroller to reimburse the state, until the local

15  government or authority has reimbursed the state in full.

16         Section 234.  Subsection (4) of section 215.91, Florida

17  Statutes, is amended to read:

18         215.91  Florida Financial Management Information

19  System; board; council.--

20         (4)  The council shall provide ongoing counsel to the

21  board and act to resolve problems among or between the

22  functional owner subsystems.  The board, through the

23  coordinating council, shall direct and manage the development,

24  implementation, and operation of the information subsystems

25  that together are the Florida Financial Management Information

26  System.  The coordinating council shall approve the

27  information subsystems' designs prior to the development,

28  implementation, and operation of the subsystems and shall

29  approve subsequent proposed design modifications to the

30  information subsystems subject to the guidelines issued by the

31  council.  The coordinating council shall ensure that the

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  1  information subsystems' operations support the exchange of

  2  unified and coordinated data between information subsystems.

  3  The coordinating council shall establish the common data codes

  4  for financial management, and it shall require and ensure the

  5  use of common data codes by the information subsystems that

  6  together constitute the Florida Financial Management

  7  Information System. The Chief Financial Officer Comptroller

  8  shall adopt a chart of accounts consistent with the common

  9  financial management data codes established by the

10  coordinating council.  The board, through the coordinating

11  council, shall establish the financial management policies and

12  procedures for the executive branch of state government.  The

13  coordinating council shall notify in writing the chairs of the

14  legislative fiscal committees and the Chief Justice of the

15  Supreme Court regarding the adoption of, or modification to, a

16  proposed financial management policy or procedure.  The notice

17  shall solicit comments from the chairs of the legislative

18  fiscal committees and the Chief Justice of the Supreme Court

19  at least 14 consecutive days before the final action by the

20  coordinating council.

21         Section 235.  Subsection (5) of section 215.92, Florida

22  Statutes, is amended to read:

23         215.92  Definitions relating to Florida Financial

24  Management Information System Act.--For the purposes of ss.

25  215.90-215.96:

26         (5)  "Design and coordination staff" means the

27  personnel responsible for providing administrative and

28  clerical support to the board, coordinating council, and

29  secretary to the board.  The design and coordination staff

30  shall function as the agency clerk for the board and the

31  coordinating council.  For administrative purposes, the design

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  1  and coordination staff are assigned to the Department of

  2  Financial Services Banking and Finance but they are

  3  functionally assigned to the board.

  4         Section 236.  Subsection (3) of section 215.93, Florida

  5  Statutes, is amended to read:

  6         215.93  Florida Financial Management Information

  7  System.--

  8         (3)  The Florida Financial Management Information

  9  System shall include financial management data and utilize the

10  chart of accounts approved by the Chief Financial Officer

11  Comptroller.  Common financial management data shall include,

12  but not be limited to, data codes, titles, and definitions

13  used by one or more of the functional owner subsystems.  The

14  Florida Financial Management Information System shall utilize

15  common financial management data codes.  The council shall

16  recommend and the board shall adopt policies regarding the

17  approval and publication of the financial management data.

18  The Chief Financial Officer Comptroller shall adopt policies

19  regarding the approval and publication of the chart of

20  accounts.  The Chief Financial Officer's Comptroller's chart

21  of accounts shall be consistent with the common financial

22  management data codes established by the coordinating council.

23  Further, all systems not a part of the Florida Financial

24  Management Information System which provide information to the

25  system shall use the common data codes from the Florida

26  Financial Management Information System and the Chief

27  Financial Officer's Comptroller's chart of accounts. Data

28  codes that cannot be supplied by the Florida Financial

29  Management Information System and the Chief Financial

30  Officer's Comptroller's chart of accounts and that are

31  required for use by the information subsystems shall be

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  1  approved by the board upon recommendation of the coordinating

  2  council. However, board approval shall not be required for

  3  those data codes specified by the Auditor General under the

  4  provisions of s. 215.94(6)(c).

  5         Section 237.  Subsections (2) and (3) and paragraph (a)

  6  of subsection (5) of section 215.94, Florida Statutes, are

  7  amended to read:

  8         215.94  Designation, duties, and responsibilities of

  9  functional owners.--

10         (2)  The Department of Financial Services Banking and

11  Finance shall be the functional owner of the Florida

12  Accounting Information Resource Subsystem established pursuant

13  to ss. 17.03, 215.86, 216.141, and 216.151 and further

14  developed in accordance with the provisions of ss.

15  215.90-215.96.  The subsystem shall include, but shall not be

16  limited to, the following functions:

17         (a)  Accounting and reporting so as to provide timely

18  data for producing financial statements for the state in

19  accordance with generally accepted accounting principles.

20         (b)  Auditing and settling claims against the state.

21         (3)  The Chief Financial Officer Treasurer shall be the

22  functional owner of the Cash Management Subsystem.  The Chief

23  Financial Officer Treasurer shall design, implement, and

24  operate the subsystem in accordance with the provisions of ss.

25  215.90-215.96.  The subsystem shall include, but shall not be

26  limited to, functions for:

27         (a)  Recording and reconciling credits and debits to

28  treasury fund accounts.

29         (b)  Monitoring cash levels and activities in state

30  bank accounts.

31         (c)  Monitoring short-term investments of idle cash.

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  1         (d)  Administering the provisions of the Federal Cash

  2  Management Improvement Act of 1990.

  3         (5)  The Department of Management Services shall be the

  4  functional owner of the Cooperative Personnel Employment

  5  Subsystem.  The department shall design, implement, and

  6  operate the subsystem in accordance with the provisions of ss.

  7  110.116 and 215.90-215.96.  The subsystem shall include, but

  8  shall not be limited to, functions for:

  9         (a)  Maintenance of employee and position data,

10  including funding sources and percentages and salary lapse.

11  The employee data shall include, but not be limited to,

12  information to meet the payroll system requirements of the

13  Department of Financial Services Banking and Finance and to

14  meet the employee benefit system requirements of the

15  Department of Management Services.

16         Section 238.  Subsection (1) of section 215.95, Florida

17  Statutes, is amended to read:

18         215.95  Financial Management Information Board.--

19         (1)  There is created, as part of the Administration

20  Commission, the Financial Management Information Board.  The

21  board shall be composed of the Governor, the Chief Financial

22  Officer Comptroller, and the Attorney General Treasurer.  The

23  Governor shall be chair of the board.  The Governor or the

24  Chief Financial Officer Comptroller may call a meeting of the

25  board at any time the need arises.

26         Section 239.  Subsections (1) and (2) of section

27  215.96, Florida Statutes, are amended to read:

28         215.96  Coordinating council and design and

29  coordination staff.--

30         (1)  The Chief Financial Officer Comptroller, as chief

31  fiscal officer of the state, shall establish a coordinating

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  1  council to function on a continuing basis.  The coordinating

  2  council shall review and recommend to the board solutions and

  3  policy alternatives to ensure coordination between functional

  4  owners of the various information subsystems described in ss.

  5  215.90-215.96 to the extent necessary to unify all the

  6  subsystems into a financial management information system.

  7         (2)  The coordinating council shall consist of the

  8  Chief Financial Officer Comptroller; the Treasurer; the

  9  secretary of the Department of Management Services; and the

10  Director of Planning and Budgeting, Executive Office of the

11  Governor, or their designees. The Chief Financial Officer

12  Comptroller, or his or her designee, shall be chair of the

13  coordinating council, and the design and coordination staff

14  shall provide administrative and clerical support to the

15  council and the board. The design and coordination staff shall

16  maintain the minutes of each meeting and shall make such

17  minutes available to any interested person. The Auditor

18  General, the State Courts Administrator, an executive officer

19  of the Florida Association of State Agency Administrative

20  Services Directors, and an executive officer of the Florida

21  Association of State Budget Officers, or their designees,

22  shall serve without voting rights as ex officio members on the

23  coordinating council. The chair may call meetings of the

24  coordinating council as often as necessary to transact

25  business; however, the coordinating council shall meet at

26  least once a year.  Action of the coordinating council shall

27  be by motion, duly made, seconded and passed by a majority of

28  the coordinating council voting in the affirmative for

29  approval of items that are to be recommended for approval to

30  the Financial Management Information Board.

31

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  1         Section 240.  Section 215.965, Florida Statutes, is

  2  amended to read:

  3         215.965  Disbursement of state moneys.--Except as

  4  provided in s. 17.076, s. 253.025(14), s. 259.041(18), s.

  5  717.124(5), s. 732.107(5), or s. 733.816(5), all moneys in the

  6  State Treasury shall be disbursed by state warrant, drawn by

  7  the Chief Financial Officer Comptroller upon the State

  8  Treasury and payable to the ultimate beneficiary. This

  9  authorization shall include electronic disbursement.