December 11, 2019
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Senate Bill 0662

Senate Bill sb0662e1

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




    CS for CS for SB's 662 & 232                   First Engrossed



  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.






    CS for CS for SB's 662 & 232                   First Engrossed



  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.






    CS for CS for SB's 662 & 232                   First Engrossed



  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.






    CS for CS for SB's 662 & 232                   First Engrossed



  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.






    CS for CS for SB's 662 & 232                   First Engrossed



  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.






    CS for CS for SB's 662 & 232                   First Engrossed



  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.






    CS for CS for SB's 662 & 232                   First Engrossed



  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         increasing membership on the board of directors

25         of the Florida Healthy Kids Corporation;

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

27         residence and office of the Treasurer, s.

28         18.07, F.S., relating to records of warrants

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

30         relating to a report to the Legislature, s.

31         18.091, F.S., relating to employees for


                                  7

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






    CS for CS for SB's 662 & 232                   First Engrossed



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

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

  3         conversion of credit unions from federal to

  4         state charter; amending s. 627.0623, F.S.;

  5         limiting campaign contributions from certain

  6         persons to or on behalf of the Treasurer or

  7         Chief Financial Officer; providing a criminal

  8         penalty for a violation; amending s. 655.019,

  9         F.S.; limiting campaign contributions from

10         certain persons to or on behalf of the

11         Comptroller or Chief Financial Officer;

12         providing a criminal penalty for a violation;

13         transferring the powers, duties, personnel,

14         property, and unexpended balances of funds of

15         the Correctional Privatization Commission to

16         the office of the chief financial officer;

17         amending s. 957.03, F.S.; providing for the

18         office of the chief financial officer to

19         provide administrative support, oversight, and

20         service to the commission; amending s. 190.006,

21         F.S.; revising procedures for electing

22         supervisors of community development districts;

23         providing effective dates.

24  

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

26  

27         Section 1.  Section 17.001, Florida Statutes, is

28  created to read:

29         17.001  Financial Officer.--As provided in s. 4(c),

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

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


                                  8

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    CS for CS for SB's 662 & 232                   First Engrossed



  1  for settling and approving accounts against the state and

  2  keeping all state funds and securities.

  3         Section 2.  Section 20.121, Florida Statutes, is

  4  created to read:

  5         20.121  Department of Financial Services.--There is

  6  created a Department of Financial Services.

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

  8  is the Chief Financial Officer.

  9         (2)  The Department of Financial Services shall consist

10  of the following divisions:

11         (a)  Division of Treasury.

12         (b)  Division of Consumer Services.

13         (c)  Division of Insurance. Division responsibilities,

14  as provided in the Florida Insurance Code, include issuing

15  certificates of authority to insurers, regulatory oversight of

16  insurer solvency, approving policy forms and rates, performing

17  market conduct examinations, and enforcing statutes related to

18  insurers.

19         (d)  Division of Financial Institutions and Securities,

20  which shall consist of the following bureaus:

21         1.  Bureau of Banking;

22         2.  Bureau of Securities;

23         3.  Bureau of Credit Unions and Finance Entities; and

24         4.  Bureau of Regulation.

25  

26  Division responsibilities include licensure, examination, and

27  regulation of state-chartered financial institutions, as

28  provided in chapters 655, 657, 658, 660, 663, 665, and 667;

29  enforcing chapter 517, the Florida Securities and Investor

30  Protection Act; chapter 494, relating to mortgage brokerage

31  and mortgage lending; chapter 516, the Consumer Finance Act;


                                  9

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






    CS for CS for SB's 662 & 232                   First Engrossed



  1  chapter 520, relating to retail installment sales; those

  2  sections in chapter 559 relating to collection agencies;

  3  chapter 560, the Money Transmitters' Code; those portions of

  4  chapter 497 related to the department's responsibilities with

  5  respect to cemeteries and preneed services; and certifying and

  6  reviewing certified capital companies, as provided in s.

  7  288.99.

  8         (e)  Division of Risk Management.

  9         (f)  Division of State Fire Marshal.

10         (g)  Division of Insurance Fraud.

11         (h)  Division of Rehabilitation and Liquidation.

12         (i)  Division of Information Systems.

13         (j)  Division of Legal Services.

14         (k)  Division of Financial Investigations.

15         (l)  Division of Accounting and Auditing.

16         (m)  Division of Insurance Agent and Agency Services.

17         (n)  Division of Administration.

18         (o)  The Division of Workers' Compensation.

19         (3)  The Division of Financial Institutions and

20  Securities and the Division of Insurance shall each be headed

21  by a "director." The directors of these divisions shall act as

22  agency heads for purposes of chapter 120 and shall be

23  responsible for final agency action with regard to the

24  implementation and enforcement of statutes and rules under the

25  regulatory authority delegated to their divisions and

26  rulemaking under s. 120.54. The Director of the Division of

27  Financial Institutions and Securities and the Director of the

28  Division of Insurance shall each be appointed by the Governor,

29  in consultation with the Chief Financial Officer, subject to

30  confirmation by the Cabinet as provided in s. 6(a), Art. IV of

31  the State Constitution, and, at the request of the Governor or


                                  10

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    CS for CS for SB's 662 & 232                   First Engrossed



  1  any cabinet member, shall be subject to reconfirmation by the

  2  Cabinet.

  3         (a)  Before appointment as director, the Director of

  4  the Division of Financial Institutions and Securities must

  5  have had private-sector experience working in the field of

  6  financial institutions or securities or at least 5 years of

  7  experience as a senior employee of a state or federal agency

  8  having regulatory responsibility over financial institutions

  9  or securities.

10         (b)  Before appointment as director, the Director of

11  the Division of Insurance must have had private-sector

12  experience working in an area that is under the regulatory

13  jurisdiction of the Division of Insurance or at least 5 years'

14  experience as a senior employee of a state or federal agency

15  having regulatory responsibility over an area of the business

16  of insurance.

17         (c)  The Division of Financial Institutions and

18  Securities and the Division of Insurance are administratively

19  housed within the Department of Financial Services. For

20  purposes of budget and personnel matters, each of these

21  divisions shall contract with the department for a sufficient

22  number of attorneys, investigators, other professional

23  personnel, and administrative personnel as determined annually

24  in the appropriations process. The department shall provide

25  support services to each division pursuant to an agreement

26  entered into between the Chief Financial Officer and the

27  respective division director.

28         (d)  The Division of Financial Investigations shall

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

30  943.045(10)(e).

31  


                                  11

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    CS for CS for SB's 662 & 232                   First Engrossed



  1         Section 3.  The Division of Treasury, in addition to

  2  other matters that may be assigned to or located within the

  3  division, shall administer the Government Employees Deferred

  4  Compensation Plan established under section 112.215, Florida

  5  Statutes, for state employees.

  6         Section 4.  Effective July 1, 2002, the Division of

  7  Workers' Compensation of the Department of Labor and

  8  Employment Security is transferred by a type two transfer, as

  9  defined in section 20.06(2), Florida Statutes, to the

10  Department of Insurance. For purposes of this transfer, all

11  employees transferred to the Department of Insurance or

12  reassigned or reclassified by the Department of Insurance

13  shall be subject to a probationary period as provided in

14  section 110.213(1), Florida Statutes. This section shall not

15  take effect if committee substitute for Senate Bill 2340 or

16  similar legislation transferring the Division of Workers'

17  Compensation becomes a law.

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

19  any judicial or administrative action involving the Department

20  of Banking and Finance or the Department of Insurance pending

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

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

23  action. However, if the action involves the constitutional

24  functions of the Comptroller or Treasurer, the Chief Financial

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

26         Section 6.  The Department of Banking and Finance and

27  the Department of Insurance are transferred by a type two

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

29  the Department of Financial Services.

30         Section 7.  Any binding contract or interagency

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


                                  12

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    CS for CS for SB's 662 & 232                   First Engrossed



  1  Department of Insurance, the Department of Banking and

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

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

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

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

  6  agreement with the successor department, agency or entity

  7  responsible for the program, activity, or functions relative

  8  to the contract or agreement.

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

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

11  repealed.

12         Section 9.  The Chief Financial Officer is authorized

13  to organize the Department of Financial Services in a manner

14  to promote efficiency and accountability, subject to the

15  provisions of this act.

16         Section 10.  Section 11.12, Florida Statutes, is

17  amended to read:

18         11.12  Salary, subsistence, and mileage of members and

19  employees; expenses authorized by resolution; appropriation;

20  preaudit by Comptroller.--

21         (1)  The Chief Financial Officer Treasurer is

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

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

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

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

26  Officer Treasurer is authorized to pay the compensation of

27  employees of the Legislature, together with reimbursement for

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

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

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

31  adopted by the respective houses, provided the total amount


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  1  appropriated to the legislative branch shall not be altered,

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

  3  compensation of the employees of the respective houses and of

  4  their committees shall be determined as provided by the rules

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

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

  7  the Legislature, and those employees who change their places

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

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

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

11  of Representatives for House employees. Such employees, in

12  addition to subsistence, shall be paid transportation expenses

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

14  transportation between their homes and the seat of government

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

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

17  session of the Legislature.

18         (2)  All vouchers covering legislative expenses shall

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

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

21  therefor.

22         Section 11.  Paragraph (c) of subsection (5) of section

23  11.13, Florida Statutes, is amended to read:

24         11.13  Compensation of members.--

25         (5)

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

27  forms prescribed by the Chief Financial Officer Comptroller

28  requested allotments of appropriations for the fiscal year. It

29  shall be the duty of the Chief Financial Officer Comptroller

30  to release the funds and authorize the expenditures for the

31  legislative branch to be made from the appropriations on the


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

  2  such allotments shall not exceed the total appropriations

  3  available for the fiscal year.

  4         Section 12.  Subsection (4) of section 11.147, Florida

  5  Statutes, is amended to read:

  6         11.147  Office of Legislative Services.--

  7         (4)  The Office of Legislative Services shall deliver

  8  such vouchers covering legislative expenses as required to the

  9  Chief Financial Officer Comptroller and, if found to be

10  correct, state warrants shall be issued therefor.

11         Section 13.  Section 11.151, Florida Statutes, is

12  amended to read:

13         11.151  Annual legislative appropriation to contingency

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

15  established a legislative contingency fund consisting of

16  $10,000 for the President of the Senate and $10,000 for the

17  Speaker of the House of Representatives, which amounts shall

18  be set aside annually from moneys appropriated for legislative

19  expense.  These funds shall be disbursed by the Chief

20  Financial Officer Comptroller upon receipt of vouchers

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

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

23  at the unrestricted discretion of the President of the Senate

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

25  their official duties during the entire period between the

26  date of their election as such officers at the organizational

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

28  Constitution and the next general election.

29         Section 14.  Subsection (5) of section 11.40, Florida

30  Statutes, is amended to read:

31         11.40  Legislative Auditing Committee.--


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

  2  Department of Financial Services Banking and Finance, or the

  3  Division of Bond Finance of the State Board of Administration

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

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

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

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

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

  9  committee shall determine if the entity should be subject to

10  further state action.  If the committee determines that the

11  entity should be subject to further state action, the

12  committee shall:

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

14  district school board, request the Department of Revenue and

15  the Department of Financial Services Banking and Finance to

16  withhold any funds not pledged for bond debt service

17  satisfaction which are payable to such entity until the entity

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

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

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

21  Financial Services Banking and Finance 30 days before the date

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

23  and the Department of Financial Services may Banking and

24  Finance are authorized to implement the provisions of this

25  paragraph.

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

27  Department of Community Affairs that the special district has

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

29  the Department of Community Affairs shall proceed pursuant to

30  the provisions specified in ss. 189.421 and 189.422.

31  


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

  2  technical career center, notify the appropriate sponsoring

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

  4  228.056 and 228.505.

  5         Section 15.  Paragraph (b) of subsection (6) of section

  6  11.42, Florida Statutes, is amended to read:

  7         11.42  The Auditor General.--

  8         (6)

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

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

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

12  payments shall be issued therefor.

13         Section 16.  Subsection (1) of section 13.05, Florida

14  Statutes, is amended to read:

15         13.05  Governor's Committee on Interstate

16  Cooperation.--

17         (1)  There is hereby established a committee of

18  administrative officials of this state to be officially known

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

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

21  Governor, Secretary of State, Attorney General, Chief

22  Financial Officer Comptroller, Treasurer, Commissioner of

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

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

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

26  an administrative official or employee of the state.

27         Section 17.  Section 14.055, Florida Statutes, is

28  amended to read:

29         14.055  Succession to office of Governor.--Upon vacancy

30  in the office of Governor, the Lieutenant Governor shall

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


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

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

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

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

  5  Financial Officer Comptroller shall become Governor; or if the

  6  office of Comptroller be vacant, then the Treasurer shall

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

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

  9  office of Chief Financial Officer Commissioner of Education be

10  vacant, then the Commissioner of Agriculture shall become

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

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

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

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

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

16  House and the President of the Senate shall convene the

17  Legislature by joint proclamation within 15 days for the

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

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

20  majority vote in a joint session of both houses.

21         Section 18.  Subsection (1) of section 14.057, Florida

22  Statutes, is amended to read:

23         14.057  Governor-elect; establishment of operating

24  fund.--

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

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

27  certification of his or her election by the Elections

28  Canvassing Commission to his or her inauguration as Governor.

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

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

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


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

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

  3  relations and information adviser. The salary of the

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

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

  6  except that the total expenditures chargeable to the state

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

  8  amount appropriated to the operating fund. The Executive

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

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

11  suitable forms to provide for the reporting of all

12  expenditures therefrom. The Chief Financial Officer

13  Comptroller shall release moneys from this fund upon the

14  request of the Governor-elect properly filed.

15         Section 19.  Section 14.058, Florida Statutes, is

16  amended to read:

17         14.058  Inauguration expense fund.--There is

18  established an inauguration expense fund for the use of the

19  Governor-elect in planning and conducting the inauguration

20  ceremonies. The Governor-elect shall appoint an inauguration

21  coordinator and such staff as necessary to plan and conduct

22  the inauguration. Salaries for the inauguration coordinator

23  and the inauguration coordinator's staff shall be determined

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

25  expense fund. The Executive Office of the Governor shall

26  supply to the inauguration coordinator suitable forms to

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

28  provide for the reporting of all expenditures therefrom. The

29  Chief Financial Officer Comptroller shall release moneys from

30  this fund upon the request of the inauguration coordinator

31  properly filed.


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  1         Section 20.  Section 14.202, Florida Statutes, is

  2  amended to read:

  3         14.202  Administration Commission.--There is created as

  4  part of the Executive Office of the Governor an Administration

  5  Commission composed of the Governor and Cabinet. The Governor

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

  7  Officer Comptroller may call a meeting of the commission

  8  promptly each time the need therefor arises. Unless otherwise

  9  provided herein, affirmative action by the commission shall

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

11  other members of the commission. The commission shall adopt

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

13  provisions of law conferring duties upon it.

14         Section 21.  Paragraph (f) of subsection (3) of section

15  14.203, Florida Statutes, is amended to read:

16         14.203  State Council on Competitive Government.--It is

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

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

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

20  recognizes that competition among service providers may

21  improve the quality of services provided, and that

22  competition, innovation, and creativity among service

23  providers should be encouraged.

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

25  council may:

26         (f)  Require that an identified state service be

27  submitted to competitive bidding or another process that

28  creates competition with private sources or other governmental

29  entities. In determining whether an identified state service

30  should be submitted to competitive bidding, the council shall

31  consider, at a minimum:


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  1         1.  Any constitutional and legal implications which may

  2  arise as a result of such action.

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

  4  contractor.

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

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

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

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

  9  Attorney General, and other such support agencies to the

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

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

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

13  the contract were awarded to another entity.

14         Section 22.  Subsection (1) of section 14.24, Florida

15  Statutes, is amended to read:

16         14.24  Florida Commission on the Status of Women.--

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

18  General the Florida Commission on the Status of Women,

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

20  Representatives, the President of the Senate, the Attorney

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

22  the Chief Financial Officer, Insurance Commissioner, the

23  Comptroller, the Secretary of State, the Commissioner of

24  Agriculture, and the Commissioner of Education shall each

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

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

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

28  term of office of each member appointed by the Insurance

29  Commissioner and the Comptroller expires; and the Chief

30  Financial Officer shall reappoint one of the members who was

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


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  1  Insurance Commissioner and one of such members who was

  2  appointed by the Comptroller. If possible, the reappointments

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

  4  Officer's appointees remain staggered, but if both

  5  reappointees were serving terms of the same length, the

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

  7  maintained. The members appointed shall include persons who

  8  represent rural and urban interests and the ethnic and

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

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

11  vacancy shall be filled for the remainder of the unexpired

12  term in the same manner as the original appointment.

13         Section 23.  Subsection (3) of section 15.09, Florida

14  Statutes, is amended to read:

15         15.09  Fees.--

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

17  appointment to office and from commissions to officers shall

18  be paid to the Chief Financial Officer Treasurer for deposit

19  in the General Revenue Fund.

20         Section 24.  Section 16.10, Florida Statutes, is

21  amended to read:

22         16.10  Receipt of Supreme Court reports for

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

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

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

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

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

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

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

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

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


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

  2  taking away of any book belonging to the Supreme Court

  3  library, kept for the use of said court.

  4         Section 25.  Section 17.011, Florida Statutes, is

  5  amended to read:

  6         17.011  Assistant Chief Financial Officer

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

  8  state may appoint an assistant comptroller to hold office

  9  during the pleasure of the Chief Financial Officer

10  Comptroller.

11         Section 26.  Section 17.02, Florida Statutes, is

12  amended to read:

13         17.02  Place of residence and office.--The Chief

14  Financial Officer Comptroller shall reside at the seat of

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

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

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

18  through Friday of every week.

19         Section 27.  Section 17.03, Florida Statutes, is

20  amended to read:

21         17.03  To audit claims against the state.--

22         (1)  The Chief Financial Officer Comptroller of this

23  state, using generally accepted auditing procedures for

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

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

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

27  issue a warrant to the Treasurer directing the payment

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

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

30         (2)  The Chief Financial Officer Comptroller may

31  establish dollar thresholds applicable to each invoice amount


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  1  and other criteria for testing or sampling invoices on a

  2  preaudit and postaudit basis. The Chief Financial Officer

  3  Comptroller may revise such thresholds and other criteria for

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

  5  appropriate.

  6         (3)  The Chief Financial Officer Comptroller may adopt

  7  and disseminate to the agencies procedural and documentation

  8  standards for payment requests and may provide training and

  9  technical assistance to the agencies for these standards.

10         (4)  The Chief Financial Officer Comptroller shall have

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

12  charged with the official responsibility of the protection and

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

14  The Chief Financial Officer Comptroller may delegate this

15  authority to other state agencies or officers.

16         Section 28.  Section 17.031, Florida Statutes, is

17  amended to read:

18         17.031  Security of Chief Financial Officer's

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

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

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

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

23  custody or control of the Chief Financial Officer Comptroller.

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

25  direction and supervision of the Chief Financial Officer

26  Comptroller, and their salaries and expenses shall be paid

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

28  Comptroller.

29         Section 29.  Section 17.04, Florida Statutes, is

30  amended to read:

31  


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  1         17.04  To audit and adjust accounts of officers and

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

  3  Department of Banking and Finance of this state, using

  4  generally accepted auditing procedures for testing or

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

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

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

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

  9  anywise indebted or accountable to this state for any

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

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

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

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

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

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

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

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

18  Investigations may conduct investigations within or outside of

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

20  this section.  If during an investigation the division has

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

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

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

24  enforcement or prosecutorial agencies and shall provide

25  investigative assistance to those agencies as required.

26         Section 30.  Section 17.0401, Florida Statutes, is

27  amended to read:

28         17.0401  Confidentiality of information relating to

29  financial investigations.--Except as otherwise provided by

30  this section, information relative to an investigation

31  conducted by the Division of Financial Investigations pursuant


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

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

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

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

  5  an investigation conducted by the division pursuant to s.

  6  17.04 shall remain confidential and exempt from the provisions

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

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

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

10  enforcement or prosecutorial agency for further investigation.

11  Such information shall remain confidential and exempt from the

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

13  Constitution until that agency's investigation is completed or

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

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

16  division or any law enforcement or prosecutorial agency is

17  proceeding with reasonable dispatch and has a reasonable good

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

19  an administrative, civil, or criminal proceeding.  This

20  section shall not be construed to prohibit disclosure of

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

22  Department of Financial Services Banking and Finance and that

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

24  to public disclosure. Nothing in this section shall be

25  construed to prohibit the division from providing information

26  to any law enforcement or prosecutorial agency.  Any law

27  enforcement or prosecutorial agency receiving confidential

28  information from the division in connection with its official

29  duties shall maintain the confidentiality of the information

30  as provided for in this section.

31  


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  1         Section 31.  Subsections (1), (4), and (5) of section

  2  17.041, Florida Statutes, are amended to read:

  3         17.041  County and district accounts and claims.--

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

  5  Officer Department of Banking and Finance of this state to

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

  7  accounts and claims heretofore or hereafter reported to it by

  8  the Auditor General, the appropriate county or district

  9  official, or any person against all county and district

10  officers and employees, and against all other persons

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

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

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

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

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

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

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

18  authority entitled by law to receive the same.

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

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

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

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

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

24  of the Chief Financial Officer Comptroller, the Auditor

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

26  turned over to the proper state attorney for inspection,

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

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

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

30  certified to the Chief Financial Officer department, may be

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


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  1  the written consent of the Chief Financial Officer department,

  2  and any attempt to make settlement in violation of this

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

  4  district board desiring to make such a settlement shall

  5  incorporate the proposed settlement into a resolution, stating

  6  that the proposed settlement is contingent upon the Chief

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

  8  two copies of the resolution to the Chief Financial Officer

  9  department. The Chief Financial Officer department shall

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

11  endorsed thereon.

12         Section 32.  Section 17.0415, Florida Statutes, is

13  amended to read:

14         17.0415  Transfer and assignment of claims.--In order

15  to facilitate their collection from third parties, the Chief

16  Financial Officer Comptroller may authorize the assignment of

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

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

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

20  subdivisions, may assign claims under such terms as are

21  mutually acceptable to the Chief Financial Officer Comptroller

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

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

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

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

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

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

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

29  pursuant to this section.

30         Section 33.  Section 17.05, Florida Statutes, is

31  amended to read:


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  1         17.05  Subpoenas; sworn statements; enforcement

  2  proceedings.--

  3         (1)  The Chief Financial Officer Comptroller may demand

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

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

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

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

  8  the Chief Financial Officer Comptroller may require to be in

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

10  Comptroller or the department or before any judicial officer

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

12  Financial Officer Comptroller to determine the justice or

13  legality of such account, claim, or demand.

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

15  Chief Financial Officer Comptroller or his or her designee

16  may:

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

18  witnesses.

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

20  writing, under oath or otherwise as the Chief Financial

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

22  the facts and circumstances concerning the matter to be

23  audited, examined, or investigated.

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

25  Officer Comptroller or his or her designee under seal

26  commanding such witnesses to appear before the Chief Financial

27  Officer Comptroller or the Chief Financial Officer's

28  Comptroller's representative or the department at a specified

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

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

31  inspection.  Such subpoenas may be served by an authorized


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  1  representative of the Chief Financial Officer Comptroller or

  2  the department.

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

  4  issued pursuant to this section, the Chief Financial Officer

  5  Comptroller or the department may petition the circuit court

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

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

  8  the subpoenaed person to appear and testify and to produce

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

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

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

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

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

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

15  or other disposition of subpoenaed books, records, or

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

17  has fully complied with such subpoena and the Chief Financial

18  Officer Comptroller or the department has completed the audit,

19  examination, or investigation. The Chief Financial Officer

20  Comptroller or the department is entitled to the summary

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

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

23  Financial Officer Comptroller or the department to obtain an

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

25  enforcement of a subpoena shall be charged against the

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

27  be a contempt of court.

28         Section 34.  Section 17.06, Florida Statutes, is

29  amended to read:

30         17.06  Disallowed items and accounts.--The Chief

31  Financial Officer Comptroller shall erase from any original


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

  2  Financial Officer Comptroller shall reject the whole of any

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

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

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

  6  claimant.

  7         Section 35.  Subsection (1) of section 17.075, Florida

  8  Statutes, is amended to read:

  9         17.075  Form of state warrants and other payment

10  orders; rules.--

11         (1)  The Chief Financial Officer may Department of

12  Banking and Finance is authorized to establish the form or

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

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

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

16  time as the Chief Financial Officer department may consider

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

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

19  to the accounting and recordkeeping requirements applicable to

20  state warrants.

21         Section 36.  Paragraph (b) of subsection (1) and

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

23  are amended to read:

24         17.076  Direct deposit of funds.--

25         (1)  As used in this section:

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

27  Services Banking and Finance.

28         (3)  The department may contract with an authorized

29  financial institution for the services necessary to operate

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

31  section, the Chief Financial Officer Comptroller is authorized


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  1  to deposit with that financial institution the funds payable

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

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

  4  deposits.

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

  6  processing the direct deposit of funds other than salary or

  7  retirement benefits, the department may charge the beneficiary

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

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

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

11  beneficiary.  Such fees collected by the department shall be

12  deposited into the Department of Financial Services Banking

13  and Finance Administrative Trust Fund.

14         Section 37.  Section 17.08, Florida Statutes, is

15  amended to read:

16         17.08  Accounts, etc., on which warrants drawn, to be

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

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

19  upon the treasury by the Chief Financial Officer Comptroller

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

21  Officer Comptroller or the office of the Chief Financial

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

23  requirements established by the Secretary of State.

24         Section 38.  Section 17.09, Florida Statutes, is

25  amended to read:

26         17.09  Application for warrants for salaries.--All

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

28  shall make their application for warrants in writing, stating

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

30  application shall be filed by the Chief Financial Officer

31  Comptroller as vouchers for the warrants issued thereupon.


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  1         Section 39.  Section 17.10, Florida Statutes, is

  2  amended to read:

  3         17.10  Record of warrants and of state funds and

  4  securities issued.--The Chief Financial Officer Comptroller

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

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

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

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

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

10  funds and securities.

11         Section 40.  Section 17.11, Florida Statutes, is

12  amended to read:

13         17.11  To report disbursements made.--

14         (1)  The Chief Financial Officer Comptroller shall make

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

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

17  the several heads of expenditures under which such

18  disbursements were made.

19         (2)  The Chief Financial Officer Comptroller shall also

20  cause to have reported from the Florida Accounting Information

21  Resource Subsystem no less than quarterly the disbursements

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

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

24  certified minority business enterprises in the aggregate; and

25  to certified minority business enterprises broken down into

26  categories of minority persons, as well as gender and

27  nationality subgroups. This information shall be made

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

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

30  the House of Representatives. Each agency shall be responsible

31  for the accuracy of information entered into the Florida


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  1  Accounting Information Resource Subsystem for use in this

  2  reporting.

  3         Section 41.  Section 17.12, Florida Statutes, is

  4  amended to read:

  5         17.12  Authorized to issue warrants to tax collector or

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

  7  satisfaction of the Chief Financial Officer Comptroller of

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

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

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

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

12  such said collector or sheriff, then the Chief Financial

13  Officer Comptroller may issue a warrant to such said collector

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

15         Section 42.  Section 17.13, Florida Statutes, is

16  amended to read:

17         17.13  To duplicate warrants lost or destroyed.--

18         (1)  The Chief Financial Officer Comptroller is

19  required to duplicate any Chief Financial Officer's

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

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

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

23  Financial Officer Comptroller the statement, under oath,

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

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

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

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

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

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

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

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


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

  2  conditioned to indemnify the state and any innocent holders

  3  thereof from any damages that may accrue from such

  4  duplication.

  5         (2)  The Chief Financial Officer Comptroller is

  6  required to duplicate any Chief Financial Officer's

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

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

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

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

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

12  Chief Financial Officer Comptroller a statement, under oath,

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

14  destroyed, the circumstances surrounding the loss or

15  destruction of such warrant, and any additional information

16  that the Chief Financial Officer Comptroller shall request in

17  regard to such warrant.

18         (3)  Any duplicate Chief Financial Officer's

19  Comptroller's warrant issued in pursuance of the above

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

21  before its loss.

22         Section 43.  Section 17.14, Florida Statutes, is

23  amended to read:

24         17.14  To prescribe forms.--The Chief Financial Officer

25  Department of Banking and Finance may prescribe the forms of

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

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

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

29  demands against the state or entrusted with the collection of

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

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


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  1         Section 44.  Section 17.16, Florida Statutes, is

  2  amended to read:

  3         17.16  Seal.--The seal of office of the Chief Financial

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

  5  the seal heretofore used for that purpose.

  6         Section 45.  Section 17.17, Florida Statutes, is

  7  amended to read:

  8         17.17  Examination by Governor and report.--The office

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

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

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

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

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

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

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

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

17  Governor, to be laid before the Legislature with the

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

19  constitution may require.

20         Section 46.  Subsection (1) of section 17.20, Florida

21  Statutes, is amended to read:

22         17.20  Assignment of claims for collection.--

23         (1)  The Department of Financial Services Banking and

24  Finance shall charge the state attorneys with the collection

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

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

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

28  charges are evidence of indebtedness of a state attorney

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

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

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


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

  2  the state attorney demonstrates to the department that the

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

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

  5  charge against the state attorney.

  6         Section 47.  Section 17.21, Florida Statutes, is

  7  amended to read:

  8         17.21  Not to allow any claim of state attorney against

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

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

11  attorney may have against the state for services who shall

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

13  required to make to the Chief Financial Officer Comptroller of

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

15         Section 48.  Section 17.22, Florida Statutes, is

16  amended to read:

17         17.22  Notice to Department of Legal Affairs.--Whenever

18  the Department of Financial Services Banking and Finance

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

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

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

22  necessary particulars for its full information upon the

23  subject.

24         Section 49.  Section 17.25, Florida Statutes, is

25  amended to read:

26         17.25  May certify copies.--The Chief Financial Officer

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

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

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

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

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


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  1         Section 50.  Subsections (1) and (3) of section 17.26,

  2  Florida Statutes, are amended to read:

  3         17.26  Cancellation of state warrants not presented

  4  within 1 year.--

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

  6  the Chief Financial Officer against any fund in the State

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

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

  9  Chief Financial Officer Comptroller may cancel the warrant and

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

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

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

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

14  Officer Treasurer shall not honor any state warrant after it

15  has been canceled.

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

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

18  federal contributions and disposition of the funds under

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

20  the Governor shall certify to the Chief Financial Officer

21  Comptroller that funds represented by such warrants are for

22  that reason exempt from treatment as unclaimed property.

23  Obligations represented by warrants are unenforceable after 1

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

25  originally issued.  An action may not be commenced thereafter

26  on the obligation unless authorized by the federal program

27  from which the original warrant was funded and unless payment

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

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

30  subject to this paragraph requests payment, and payment from

31  current federal funding is authorized by the federal program


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  1  from which the original warrant was funded, the Chief

  2  Financial Officer Comptroller may, upon investigation, issue a

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

  4  Treasury, provided the payee or other person executes under

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

  6  canceled warrant.

  7         Section 51.  Subsections (1), (2), and (3) of section

  8  17.27, Florida Statutes, are amended to read:

  9         17.27  Microfilming and destroying records and

10  correspondence.--

11         (1)  The Department of Financial Services Banking and

12  Finance may destroy general correspondence files and also any

13  other records which the department may deem no longer

14  necessary to preserve in accordance with retention schedules

15  and destruction notices established under rules of the

16  Division of Library and Information Services, records and

17  information management program, of the Department of State.

18  Such schedules and notices relating to financial records of

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

20  General.

21         (2)  The Department of Financial Services Banking and

22  Finance may photograph, microphotograph, or reproduce on film

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

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

25  original.

26         (3)  The Department of Financial Services Banking and

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

28  been photographed and filed in accordance with the provisions

29  of subsection (1).

30         Section 52.  Section 17.28, Florida Statutes, is

31  amended to read:


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  1         17.28  Chief Financial Officer Comptroller may

  2  authorize biweekly salary payments.--The Chief Financial

  3  Officer Comptroller is authorized and may permit biweekly

  4  salary payments to personnel upon written request by a

  5  specific state agency. The Chief Financial Officer Comptroller

  6  shall adopt promulgate reasonable rules and regulations to

  7  carry out the intent of this section.

  8         Section 53.  Section 17.29, Florida Statutes, is

  9  amended to read:

10         17.29  Authority to prescribe rules.--The Chief

11  Financial Officer may Comptroller has authority to adopt rules

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

13  17.51-17.66 and duties assigned by statute or the State

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

15  the following:

16         (1)  Procedures or policies relating to the processing

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

18  other applicable appropriation.

19         (2)  Procedures for processing interagency and

20  intraagency payments which do not require the issuance of a

21  state warrant.

22         Section 54.  Section 17.30, Florida Statutes, is

23  amended to read:

24         17.30  Dissemination of information.--The Chief

25  Financial Officer Comptroller may disseminate, in any form or

26  manner he or she considers appropriate, information regarding

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

28         Section 55.  Section 17.32, Florida Statutes, is

29  amended to read:

30         17.32  Annual report of trust funds; duties of Chief

31  Financial Officer Comptroller.--


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

  2  Officer Comptroller shall present to the President of the

  3  Senate and the Speaker of the House of Representatives a

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

  5  report shall contain the following data elements for each fund

  6  for the preceding fiscal year:

  7         (a)  The fund code.

  8         (b)  The title.

  9         (c)  The fund type according to generally accepted

10  accounting principles.

11         (d)  The statutory authority.

12         (e)  The beginning cash balance.

13         (f)  Direct revenues.

14         (g)  Nonoperating revenues.

15         (h)  Operating disbursements.

16         (i)  Nonoperating disbursements.

17         (j)  The ending cash balance.

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

19  is located.

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

21  received no revenues other than interest earnings or transfers

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

23  the preceding fiscal year.

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

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

26  the 2 preceding fiscal years.

27         Section 56.  Section 17.325, Florida Statutes, is

28  amended to read:

29         17.325  Governmental efficiency hotline; duties of

30  Chief Financial Officer Comptroller.--

31  


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

  2  Comptroller shall establish and operate a statewide toll-free

  3  telephone hotline to receive information or suggestions from

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

  5  government, increase governmental efficiency, and eliminate

  6  waste in government. The Chief Financial Officer Comptroller

  7  shall report each month to the Appropriations Committee of the

  8  House of Representatives and of the Senate the information or

  9  suggestions received through the hotline and the evaluations

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

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

12  suggestions.

13         (2)  The Chief Financial Officer Comptroller shall

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

15  Officer Comptroller shall advertise the availability of the

16  hotline in newspapers of general circulation in this state and

17  shall provide for the posting of notices in conspicuous places

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

19  places in which there is exposure to significant numbers of

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

21  convenience stores, shopping malls, shopping centers, gasoline

22  stations, or restaurants. The Chief Financial Officer

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

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

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

26  received by the office of the Chief Financial Officer

27  Comptroller, and the office of the Chief Financial Officer

28  Comptroller shall conduct an evaluation to determine if it is

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

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

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


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  1  record of each suggestion or item of information received

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

  3  Officer Comptroller. A caller on the hotline may remain

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

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

  6  she is a state employee, the Chief Financial Officer

  7  Comptroller, in addition to maintaining a record as required

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

  9  the caller to an existing state awards program administered by

10  the affected agency.  The affected agency shall conduct a

11  preliminary evaluation of the efficacy of any suggestion or

12  item of information received through the hotline and shall

13  provide the Chief Financial Officer Comptroller with a

14  preliminary determination of the amount of revenues the state

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

16  information.

17         (4)  Any person who provides any information through

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

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

20  employee of the state for providing such information or making

21  such suggestion.

22         (5)  The Chief Financial Officer Comptroller shall

23  adopt any rule necessary to implement the establishment,

24  operation, and advertisement of the hotline.

25         Section 57.  Section 17.41, Florida Statutes, is

26  amended to read:

27         17.41  Department of Financial Services Banking and

28  Finance Tobacco Settlement Clearing Trust Fund.--

29         (1)  The Department of Financial Services Banking and

30  Finance Tobacco Settlement Clearing Trust Fund is created

31  within that department.


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

  2  Clearing Trust Fund shall consist of payments received by the

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

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

  5  from the settlement and deposited into the trust fund are

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

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

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

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

10  Settlement Financing Corporation created pursuant to s.

11  215.56005.  Any such sale shall be a true sale and not a

12  borrowing.

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

14  residual interest retained in the tobacco settlement agreement

15  or the payments to be made under the tobacco settlement

16  agreement shall be deposited into the Tobacco Settlement

17  Clearing Trust Fund.

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

19  agreement received by the state shall be immediately deposited

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

21  without deposit to the Tobacco Settlement Clearing Trust Fund.

22         (5)  The department shall disburse funds, by

23  nonoperating transfer, from the Tobacco Settlement Clearing

24  Trust Fund to the tobacco settlement trust funds of the

25  various agencies in amounts equal to the annual appropriations

26  made from those agencies' trust funds in the General

27  Appropriations Act.

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

29  III of the State Constitution, the Tobacco Settlement Clearing

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

31  19(f)(2), Art. III of the State Constitution.


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  1         Section 58.  Section 17.43, Florida Statutes, is

  2  amended to read:

  3         17.43  Chief Financial Officer's Comptroller's Federal

  4  Equitable Sharing Trust Fund.--

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

  6  Federal Equitable Sharing Trust Fund is created within the

  7  Department of Financial Services Banking and Finance. The

  8  department may deposit into the trust fund receipts and

  9  revenues received as a result of federal criminal,

10  administrative, or civil forfeiture proceedings and receipts

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

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

13  215.20.

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

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

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

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

18  purposes of the trust fund.

19         Section 59.  Section 18.01, Florida Statutes, is

20  transferred, renumbered as section 17.51, Florida Statutes,

21  and amended to read:

22         17.51 18.01  Oath and certificate of Chief Financial

23  Officer Treasurer.--The Chief Financial Officer Treasurer

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

25  of office, take and subscribe an oath or affirmation

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

27  affirmation must be deposited with the Department of State.

28  The Chief Financial Officer Treasurer shall also file with the

29  Department of State a certificate from the Comptroller

30  attesting that the retiring Treasurer or Chief Financial

31  Officer has turned over vouchers for all payments made as


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

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

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

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

  5  bonds and other securities held by the Treasurer or Chief

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

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

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

  9  treasurer.

10         Section 60.  Section 18.02, Florida Statutes, is

11  transferred, renumbered as section 17.52, Florida Statutes,

12  and amended to read:

13         17.52 18.02  Moneys paid on warrants.--The Division of

14  Treasury Treasurer shall pay all warrants on the treasury

15  drawn by the Chief Financial Officer or Comptroller and other

16  orders by the Chief Financial Officer or Comptroller for the

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

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

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

20  orders of the Chief Financial Officer or Comptroller.

21         Section 61.  Section 18.021, Florida Statutes, is

22  transferred, renumbered as section 17.53, Florida Statutes,

23  and amended to read:

24         17.53 18.021  Chief Financial Officer Treasurer to

25  operate personal check-cashing service.--

26         (1)  The Chief Financial Officer Treasurer is

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

28  remote financial service unit at the capitol for the benefit

29  of state employees or other responsible persons who properly

30  identify themselves.

31  


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

  2  warrant is forged and the Chief Financial Officer Treasurer

  3  has made diligent but unsuccessful effort to collect and has

  4  forwarded the returned check for prosecution by the

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

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

  7  the next legislative session.

  8         Section 62.  Section 18.05, Florida Statutes, is

  9  transferred, renumbered as section 17.54, Florida Statutes,

10  and amended to read:

11         17.54 18.05  Annual report to Governor.--The Chief

12  Financial Officer Treasurer shall make a report in detail to

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

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

15  1st day of July of each year as it is practicable to prepare

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

17  her office for the preceding fiscal year, embracing a

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

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

20         Section 63.  Section 18.06, Florida Statutes, is

21  transferred, renumbered as section 17.55, Florida Statutes,

22  and amended to read:

23         17.55 18.06  Examination by and monthly statements to

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

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

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

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

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

29  Treasurer shall exhibit to the Governor monthly a trial

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

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


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

  2  and such said statement accompanying such said trial balance

  3  sheet shall particularly describe the exact character of

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

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

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

  7  such statement shall be certified and signed by the Chief

  8  Financial Officer Treasurer officially.

  9         Section 64.  Section 18.08, Florida Statutes, is

10  transferred, renumbered as section 17.56, Florida Statutes,

11  and amended to read:

12         17.56 18.08  Division of Treasury Treasurer to turn

13  over to the Division of Accounting and Auditing Comptroller

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

15  turn over to the Division of Accounting and Auditing

16  Comptroller, through the data service center, all warrants

17  drawn by the Chief Financial Officer or the Comptroller and

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

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

20  Treasurer shall have recorded such warrants and charged the

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

22         Section 65.  Section 18.10, Florida Statutes, is

23  transferred, renumbered as section 17.57, Florida Statutes,

24  and amended to read:

25         17.57 18.10  Deposits and investments of state money.--

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

27  parties with the permission of the Chief Financial Officer

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

29  in the State Treasury in such qualified public depositories of

30  the state as will offer satisfactory collateral security for

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


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  1  Chief Financial Officer Treasurer, consistent with the cash

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

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

  4  realize maximum earnings and benefits.

  5         (2)  The Chief Financial Officer Treasurer shall make

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

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

  8  placed in qualified public depositories that will pay rates

  9  established by the Chief Financial Officer Treasurer at levels

10  not less than the prevailing rate for United States Treasury

11  securities with a corresponding maturity. In the event money

12  is available for interest-bearing time deposits or savings

13  accounts as provided herein and qualified public depositories

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

15  established above, then such money which qualified public

16  depositories are unwilling to accept shall be invested in:

17         (a)  Direct United States Treasury obligations.

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

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

20  district banks.

21         (d)  Obligations of the Federal Home Loan Mortgage

22  Corporation, including participation certificates.

23         (e)  Obligations guaranteed by the Government National

24  Mortgage Association.

25         (f)  Obligations of the Federal National Mortgage

26  Association.

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

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

29  nationally recognized rating service.

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

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


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

  2  Federal Reserve System having total deposits of not less than

  3  $400 million or which are accepted by a commercial bank which

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

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

  6  government or the Federal Government, and whose senior debt

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

  8  by a nationally recognized rating service and which are held

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

10  Reserve System.

11         (i)  Corporate obligations or corporate master notes of

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

13  obligations of such corporation are rated by at least two

14  nationally recognized rating services in any one of the four

15  highest classifications. However, if such obligations are

16  rated by only one nationally recognized rating service, then

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

18  classifications.

19         (j)  Obligations of the Student Loan Marketing

20  Association.

21         (k)  Obligations of the Resolution Funding Corporation.

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

23  highest credit quality.

24         (m)  Any obligations not previously listed which are

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

26  credit of the United States Government or are obligations of

27  United States agencies or instrumentalities which are rated in

28  the highest category by a nationally recognized rating

29  service.

30  

31  


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

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

  3  authorized in this subsection.

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

  5  by the Securities and Exchange Commission.

  6         (p)  Obligations of state and local governments rated

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

  8  nationally recognized rating services. However, if such

  9  obligations are rated by only one nationally recognized rating

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

11  two highest classifications.

12         (q)  Derivatives of investment instruments authorized

13  in paragraphs (a)-(m).

14         (r)  Covered put and call options on investment

15  instruments authorized in this subsection for the purpose of

16  hedging transactions by investment managers to mitigate risk

17  or to facilitate portfolio management.

18         (s)  Negotiable certificates of deposit issued by

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

20  the three highest categories by at least two nationally

21  recognized rating services, the investment in which shall not

22  be prohibited by any provision of chapter 280.

23         (t)  Foreign bonds denominated in United States dollars

24  and registered with the Securities and Exchange Commission for

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

26  such issuers are rated by at least two nationally recognized

27  rating services in any one of the four highest

28  classifications. However, if such obligations are rated by

29  only one nationally recognized rating service, the obligations

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

31  


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  1         (u)  Convertible debt obligations of any corporation

  2  domiciled within the United States, if the convertible debt

  3  issue is rated by at least two nationally recognized rating

  4  services in any one of the four highest classifications.

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

  6  recognized rating service, then the obligations shall be rated

  7  in any one of the two highest classifications.

  8         (v)  Securities not otherwise described in this

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

10  under the control of the Chief Financial Officer Treasurer

11  shall be invested in securities described in this paragraph.

12  

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

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

15  may be under repurchase agreement. The Chief Financial Officer

16  may Treasurer is authorized to hire registered investment

17  advisers and other consultants to assist in investment

18  management and to pay fees directly from investment earnings.

19  Investment securities, proprietary investment services related

20  to contracts, performance evaluation services,

21  investment-related equipment or software used directly to

22  assist investment trading or investment accounting operations

23  including bond calculators, telerates, Bloombergs, special

24  program calculators, intercom systems, and software used in

25  accounting, communications, and trading, and advisory and

26  consulting contracts made under this section are exempt from

27  the provisions of chapter 287.

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

29  state do not make sufficient loan funds available for a

30  residential conservation program pursuant to any plan approved

31  by the Florida Public Service Commission under the Florida


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  1  Energy Efficiency and Conservation Act, the board may

  2  authorize the investment of state funds, except retirement

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

  4  prevailing United States Treasury bill rates. However, prior

  5  to investment of such funds, the Florida Public Service

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

  7  Legislature before implementation.

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

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

10  except that earnings attributable to moneys made available

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

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

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

14  officer, including an officer of any municipal or state

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

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

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

18  and loan association from being a depository of funds coming

19  under the jurisdiction of any such municipal officer or state

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

21  state office that the governing body of such municipality or

22  state agency has investigated and determined that such

23  municipal or state officer is not favoring such banks or

24  savings and loan associations over other qualified banks or

25  savings and loan associations.

26         (6)  The Chief Financial Officer Treasurer is

27  designated the cash management officer for the state and is

28  charged with the coordination and supervision of procedures

29  providing for the efficient handling of financial assets under

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

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


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  1  216.011. This responsibility shall include the supervision and

  2  approval of all banking relationships.  Pursuant to this

  3  responsibility, the Chief Financial Officer may Treasurer is

  4  authorized to obtain information from financial institutions

  5  regarding depository accounts maintained by any agency or

  6  institution of the State of Florida.

  7         Section 66.  Section 18.101, Florida Statutes, is

  8  transferred, renumbered as section 17.58, Florida Statutes,

  9  and amended to read:

10         17.58 18.101  Deposits of public money outside the

11  State Treasury; revolving funds.--

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

13  bureaus, commissions, institutions, and departments shall,

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

15  Treasury. However, when the volume and complexity of

16  collections so justify, the Chief Financial Officer Treasurer

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

18  clearing accounts outside the State Treasury in qualified

19  public depositories pursuant to chapter 280. Such deposits

20  shall only be made in depositories designated by the Chief

21  Financial Officer Treasurer. No money may be maintained in

22  such clearing accounts for a period longer than approved by

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

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

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

26  distributed to a statutorily authorized account outside the

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

28  Revenue. All depositories so designated shall pledge

29  sufficient collateral to be security for such funds as

30  provided in chapter 280.

31  


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  1         (2)  Revolving funds authorized by the Chief Financial

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

  3  commissions, institutions, and departments may be deposited by

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

  5  departments in qualified public depositories designated by the

  6  Chief Financial Officer Treasurer for such revolving fund

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

  8  shall pledge collateral security as provided in chapter 280.

  9         (3)  Notwithstanding the foregoing provisions, clearing

10  and revolving accounts may be established outside the state

11  when necessary to facilitate the authorized operations of any

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

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

14  subject to the collateral security requirements of chapter

15  280. Accounts established outside the United States may be

16  exempted from the requirements of chapter 280 as provided in

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

18  the agency requesting or maintaining the account shall

19  recommend a financial institution to the Chief Financial

20  Officer Treasurer for designation to hold the account and

21  shall submit evidence of the financial condition, size,

22  reputation, and relative prominence of the institution from

23  which the Chief Financial Officer Treasurer can reasonably

24  conclude that the institution is financially sound before

25  designating it to hold the account.

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

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

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

29  each clearing account and revolving fund within that

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

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


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

  2  clearing account that will eventually be deposited to the

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

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

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

  6  Chief Financial Officer Treasurer by various departments, in

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

  8  17.55 s. 18.06.

  9         Section 67.  Section 18.103, Florida Statutes, is

10  transferred, renumbered as section 17.59, Florida Statutes,

11  and amended to read:

12         17.59 18.103  Safekeeping services of Treasurer.--

13         (1)  The Chief Financial Officer Treasurer may accept

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

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

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

17  subdivision thereof, or other public authority.

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

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

20  and safekeeping deposits and other documents or articles of

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

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

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

24  financial institutions for processing, servicing, and

25  safekeeping the same types of deposits and other documents or

26  articles of value.

27         (3)  The Chief Financial Officer Treasurer shall

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

29  Chief Financial Officer Treasurer in advance, the

30  miscellaneous charges as follows:

31  


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

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

  3         (b)  For each certificate of the Chief Financial

  4  Officer Treasurer, certified or under the Chief Financial

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

  6  other instrument........................................$5.00.

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

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

  9  Administrative and Investment Trust Fund.

10         Section 68.  Section 18.104, Florida Statutes, is

11  transferred, renumbered as section 17.60, Florida Statutes,

12  and amended to read:

13         17.60 18.104  Treasury Cash Deposit Trust Fund.--

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

15  Treasury Cash Deposit Trust Fund.  Cash deposits made pursuant

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

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

18  shall be prorated and paid to the depositing entities.

19         Section 69.  Section 18.125, Florida Statutes, is

20  transferred, renumbered as section 17.61, Florida Statutes,

21  and amended to read:

22         17.61 18.125  Chief Financial Officer Treasurer; powers

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

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

25  the approval of a majority of the State Board of

26  Administration, shall invest all general revenue funds and all

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

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

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

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

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


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

  2  for this purpose, the Chief Financial Officer may Treasurer

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

  4  and safekeeping accounts in any bank or savings association

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

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

  7  in such accounts used solely for investments and reinvestments

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

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

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

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

12  18.10 may be loaned to securities dealers and banks and may be

13  registered by the Chief Financial Officer Treasurer in the

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

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

16  States government securities having a market value of at least

17  100 percent of the market value of the securities loaned. The

18  Chief Financial Officer Treasurer shall keep a separate

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

20  Individual transactions and totals of all investments, or the

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

22  accounts.

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

24  constitutional board, the judicial branch, or agency now

25  having the constitutional power to make investments and in

26  accordance with this section, the Chief Financial Officer may

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

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

29  any such board.

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

31  judicial branch, now or hereafter charged with the


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

  2  make such moneys available for investment as fully as is

  3  consistent with the cash requirements of the particular fund

  4  and to authorize investment of such moneys by the Chief

  5  Financial Officer Treasurer.

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

  7  such agency or judicial branch shall notify the Chief

  8  Financial Officer Treasurer of the amount available for

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

10  Financial Officer Treasurer.  Such notification shall include

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

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

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

14  however, shall not be construed to make available for

15  investment any funds other than those referred to in

16  subsection (1).

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

18  the Treasury Treasurer's Administrative and Investment Trust

19  Fund.

20         (b)  The Chief Financial Officer Treasurer shall make

21  an annual assessment of 0.12 percent against the average daily

22  balance of those moneys made available pursuant to this

23  section and 0.2 percent against the average daily balance of

24  those funds requiring investment in a separate account. The

25  proceeds of this assessment shall be deposited in the Treasury

26  Treasurer's Administrative and Investment Trust Fund.

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

28  shall be used by the Chief Financial Officer Treasurer to

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

30  the administrative and investment powers and duties prescribed

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


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  1  an office and necessary supplies therefor, essential equipment

  2  and other materials, salaries and expenses of required

  3  personnel, and all other legitimate expenses relating to the

  4  administrative and investment powers and duties imposed upon

  5  and charged to the Chief Financial Officer Treasurer under

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

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

  8  $750,000. Any funds in excess of this amount shall be

  9  transferred unallocated to the General Revenue Fund. However,

10  fees received from deferred compensation participants pursuant

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

12  Fund and shall be used to operate the deferred compensation

13  program.

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

15  responsibilities of existing state agencies and of the

16  judicial branch made by this section to the Chief Financial

17  Officer Treasurer shall include only the particular powers,

18  duties, and responsibilities hereby transferred, and all other

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

20         Section 70.  Section 18.15, Florida Statutes, is

21  transferred, renumbered as section 17.62, Florida Statutes,

22  and amended to read:

23         17.62 18.15  Interest on state moneys deposited; when

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

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

26  Chief Financial Officer Treasurer quarterly or semiannually.

27         Section 71.  Section 18.17, Florida Statutes, is

28  transferred, renumbered as section 17.63, Florida Statutes,

29  and amended to read:

30         17.63 18.17  Chief Financial Officer Treasurer not to

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


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  1  Chief Financial Officer Treasurer of this state to issue any

  2  treasury certificates, or any other evidences of indebtedness,

  3  for any purpose whatever, and the Chief Financial Officer

  4  Treasurer is prohibited from issuing the same.

  5         Section 72.  Section 18.20, Florida Statutes, is

  6  transferred, renumbered as section 17.64, Florida Statutes,

  7  and amended to read:

  8         17.64 18.20  Chief Financial Officer Treasurer to make

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

10         (1)  All vouchers or checks heretofore or hereafter

11  drawn by appropriate court officials of the several counties

12  of the state against money deposited with the Treasurer under

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

14  photographed, microphotographed, or reproduced on film by the

15  Treasurer. Such photographic film shall be durable material

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

17  or checks shall be one which accurately reproduces the

18  originals thereof in all detail; and such photographs,

19  microphotographs, or reproductions on film shall be placed in

20  conveniently accessible and identified files and shall be

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

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

23  been so photographed, microphotographed, or reproduced on

24  film, and the photographs, microphotographs, or reproductions

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

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

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

28  or checks to the offices of the respective county officials

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

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

31  a part of the permanent records of such offices.


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

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

  3  checks shall be deemed to be original records for all

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

  5  original film, duly certified by the Chief Financial Officer

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

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

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

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

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

11  force and effect as the original thereof might be.

12         (2)(3)  The Chief Financial Officer Treasurer is also

13  hereby authorized to photograph, microphotograph, or reproduce

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

15  Chief Financial Officer Treasurer may, in his or her

16  discretion, selects select; and the Chief Financial Officer

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

18  said documents or records after they have been photographed

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

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

21  the dates of such said documents and records.

22         (3)(4)  Photographs or microphotographs in the form of

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

24  provisions of this section shall have the same force and

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

26  treated as originals for the purpose of their admissibility in

27  evidence. Duly certified or authenticated reproductions of

28  such photographs or microphotographs shall be admitted in

29  evidence equally with the original photographs or

30  microphotographs.

31  


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  1         Section 73.  Section 18.23, Florida Statutes, is

  2  transferred, renumbered as section 17.65, Florida Statutes,

  3  and amended to read:

  4         17.65 18.23  Chief Financial Officer Treasurer to

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

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

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

  8  papers furnished the Chief Financial Officer Treasurer by the

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

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

11         Section 74.  Section 18.24, Florida Statutes, is

12  transferred, renumbered as section 17.66, Florida Statutes,

13  and amended to read:

14         17.66 18.24  Securities in book-entry form.--Any

15  security which:

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

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

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

19  clearing system established to hold and transfer securities by

20  computerized book-entry systems; and which

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

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

23  the State Insurance Commissioner; or

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

25  State Treasurer, or to the State Insurance Commissioner;

26  

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

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

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

30         Section 75.  Subsection (3) of section 20.04, Florida

31  Statutes, is amended to read:


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  1         20.04  Structure of executive branch.--The executive

  2  branch of state government is structured as follows:

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

  4  except for the Department of Financial Services Banking and

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

  6  Department of Corrections, the Department of Management

  7  Services, the Department of Revenue, and the Department of

  8  Transportation, must adhere to the following standard terms:

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

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

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

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

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

14  Each section is headed by an "administrator."

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

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

17  "supervisors."

18         Section 76.  Paragraph (h) of subsection (5) of section

19  20.055, Florida Statutes, is amended to read:

20         20.055  Agency inspectors general.--

21         (5)  In carrying out the auditing duties and

22  responsibilities of this act, each inspector general shall

23  review and evaluate internal controls necessary to ensure the

24  fiscal accountability of the state agency. The inspector

25  general shall conduct financial, compliance, electronic data

26  processing, and performance audits of the agency and prepare

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

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

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

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

31  organizational unit. The performance of the audit shall be


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

  2  the inspector general does not possess the qualifications

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

  4  perform the functions listed in this subsection.

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

  6  annual audit plans based on the findings of periodic risk

  7  assessments. The plan, where appropriate, should include

  8  postaudit samplings of payments and accounts. The plan shall

  9  show the individual audits to be conducted during each year

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

11  The Chief Financial Officer Comptroller, to assist in

12  fulfilling the responsibilities for examining, auditing, and

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

14  17.03(1), and examining, auditing, adjusting, and settling

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

16  the inspectors general and internal auditors. For state

17  agencies under the Governor, the audit plans shall be

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

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

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

21         Section 77.  Section 20.195, Florida Statutes, is

22  amended to read:

23         20.195  Department of Children and Family Services

24  Tobacco Settlement Trust Fund.--

25         (1)  The Department of Children and Family Services

26  Tobacco Settlement Trust Fund is created within that

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

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

29  Department of Financial Services Banking and Finance Tobacco

30  Settlement Clearing Trust Fund in amounts equal to the annual

31  appropriations made from this trust fund.


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

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

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

  4  remaining undisbursed on December 31 of the same calendar year

  5  shall revert to the Department of Financial Services Banking

  6  and Finance Tobacco Settlement Clearing Trust Fund.

  7         Section 78.  Section 20.425, Florida Statutes, is

  8  amended to read:

  9         20.425  Agency for Health Care Administration Tobacco

10  Settlement Trust Fund.--

11         (1)  The Agency for Health Care Administration Tobacco

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

13  be credited to the trust fund shall consist of funds

14  disbursed, by nonoperating transfer, from the Department of

15  Financial Services Banking and Finance Tobacco Settlement

16  Clearing Trust Fund in amounts equal to the annual

17  appropriations made from this trust fund.

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

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

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

21  remaining undisbursed on December 31 of the same calendar year

22  shall revert to the Department of Financial Services Banking

23  and Finance Tobacco Settlement Clearing Trust Fund.

24         Section 79.  Paragraph (g) of subsection (1) of section

25  20.435, Florida Statutes, is amended to read:

26         20.435  Department of Health; trust funds.--

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

28  be administered by the Department of Health:

29         (g)  Department of Health Tobacco Settlement Trust

30  Fund.

31  


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

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

  3  Department of Financial Services Banking and Finance Tobacco

  4  Settlement Clearing Trust Fund in amounts equal to the annual

  5  appropriations made from this trust fund.

  6         2.  Notwithstanding the provisions of s. 216.301 and

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

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

  9  remaining undisbursed on December 31 of the same calendar year

10  shall revert to the Department of Financial Services Banking

11  and Finance Tobacco Settlement Clearing Trust Fund.

12         Section 80.  Subsection (4) of section 24.105, Florida

13  Statutes, is amended to read:

14         24.105  Powers and duties of department.--The

15  department shall:

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

17  the Chief Financial Officer Treasurer, the President of the

18  Senate, and the Speaker of the House of Representatives

19  disclosing the total lottery revenues, prize disbursements,

20  and other expenses of the department during the preceding

21  month.  The annual report shall additionally describe the

22  organizational structure of the department, including its

23  hierarchical structure, and shall identify the divisions and

24  bureaus created by the secretary and summarize the

25  departmental functions performed by each.

26         Section 81.  Subsection (5) of section 24.111, Florida

27  Statutes, is amended to read:

28         24.111  Vendors; disclosure and contract

29  requirements.--

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

31  $25,000, and any other vendor if the department deems it


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

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

  3  an appropriate bond with the department in an amount

  4  determined by the department to be adequate to protect the

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

  6  estimated to be paid annually to the vendor under the

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

  8  faithful performance of its obligations, file with the

  9  department an irrevocable letter of credit acceptable to the

10  department in an amount determined by the department to be

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

12  maintain with the Chief Financial Officer Treasurer securities

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

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

15  rated in one of the four highest classifications by an

16  established nationally recognized investment rating service.

17  Securities eligible under this subsection shall be limited to:

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

19  savings associations organized and existing under the laws of

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

21  their principal place of business in this state.

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

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

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

25         (c)  General obligation bonds and notes of any

26  political subdivision of the state.

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

28  affiliate or subsidiary of the depositor.

29  

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

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


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

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

  3  amount estimated to be paid annually to the vendor under

  4  contract.

  5         Section 82.  Paragraph (b) of subsection (9) of section

  6  24.112, Florida Statutes, is amended to read:

  7         24.112  Retailers of lottery tickets.--

  8         (9)

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

10  blanket bonds covering all or selected retailers or may allow

11  a retailer to deposit and maintain with the Chief Financial

12  Officer Treasurer securities that are interest bearing or

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

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

15  classifications by an established nationally recognized

16  investment rating service.  Securities eligible under this

17  paragraph shall be limited to:

18         1.  Certificates of deposit issued by solvent banks or

19  savings associations organized and existing under the laws of

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

21  their principal place of business in this state.

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

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

24  is pledged for the payment of principal and interest.

25         3.  General obligation bonds and notes of any political

26  subdivision of the state.

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

28  affiliate or subsidiary of the depositor.

29  

30  

31  


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

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

  3  the department.

  4         Section 83.  Subsections (3) and (4) of section 24.120,

  5  Florida Statutes, are amended to read:

  6         24.120  Financial matters; Administrative Trust Fund;

  7  interagency cooperation.--

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

  9  Chief Financial Officer State Treasurer or the Comptroller

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

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

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

13  deemed to be approved. The department shall reimburse the

14  Chief Financial Officer State Treasurer or the Comptroller for

15  any additional costs involved in providing the level of

16  service required by this subsection.

17         (4)  The department shall cooperate with the Chief

18  Financial Officer State Treasurer, the Comptroller, the

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

20  Government Accountability by giving employees designated by

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

22  purpose of efficient compliance with their respective

23  responsibilities.

24         Section 84.  Subsection (5) of section 25.241, Florida

25  Statutes, is amended to read:

26         25.241  Clerk of Supreme Court; compensation;

27  assistants; filing fees, etc.--

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

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

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

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


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

  2  credit of the General Revenue Fund.

  3         Section 85.  Section 26.39, Florida Statutes, is

  4  amended to read:

  5         26.39  Penalty for nonattendance of judge.--Whenever

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

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

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

  9  her official signature and seal, to the Chief Financial

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

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

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

13  for every such default.

14         Section 86.  Section 27.08, Florida Statutes, is

15  amended to read:

16         27.08  State claims; surrender of papers to

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

18  state attorney, the state attorney going out of office shall

19  deliver to his or her successor a statement of all cases for

20  the collection of money in favor of the state under his or her

21  control and the papers connected with the same, and take his

22  or her receipt for the same, which receipt, when filed with

23  the Department of Financial Services Banking and Finance,

24  shall release such state attorney from any further liability

25  to the state upon the claims receipted for; and the state

26  attorney receiving the claims shall be liable in all respects

27  for the same, as provided against state attorneys in s. 17.20.

28         Section 87.  Section 27.10, Florida Statutes, is

29  amended to read:

30         27.10  Obligation as to claims; how discharged.--The

31  charges mentioned in s. 17.20 shall be evidence of


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  1  indebtedness on the part of any state attorney against whom

  2  any charge is made for the full amount of such claim to the

  3  state until the same shall be collected and paid into the

  4  treasury or sued to insolvency, which fact of insolvency shall

  5  be certified by the circuit judge of his or her circuit,

  6  unless the said state attorney makes shall make it fully

  7  appear to the Department of Financial Services Banking and

  8  Finance that the failure to collect the same did not result

  9  from his or her neglect.

10         Section 88.  Section 27.11, Florida Statutes, is

11  amended to read:

12         27.11  Report upon claims committed to state

13  attorney.--The state attorney shall make a report to the Chief

14  Financial Officer Comptroller on the first Monday in January

15  and July in each and every year of the condition of all claims

16  placed in his or her hands or which the state attorney may

17  have been required to prosecute and collect, whether the same

18  is in suit or in judgment, or collected, and the probable

19  solvency or insolvency of claims not collected, and shall at

20  the same time pay over all moneys which he or she may have

21  collected belonging to the state; and the Chief Financial

22  Officer Comptroller shall not audit or allow any claim which

23  any state attorney may have against the state for services

24  until he or she makes the report herein required.

25         Section 89.  Subsection (1) of section 27.12, Florida

26  Statutes, is amended to read:

27         27.12  Power to compromise.--

28         (1)  The state attorney may, with the approval of the

29  Department of Financial Services Banking and Finance,

30  compromise and settle all judgments, claims, and demands in

31  favor of the state in his or her circuit against defaulting


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  1  collectors of revenue, sheriffs and other officers, and the

  2  sureties on their bonds, on such terms as the state attorney

  3  may deem equitable and proper.

  4         Section 90.  Section 27.13, Florida Statutes, is

  5  amended to read:

  6         27.13  Completion of compromise.--The state attorney

  7  shall, on agreeing to any compromise or settlement, report the

  8  same to the Department of Financial Services Banking and

  9  Finance for its approval; and, on its approving such

10  compromise or settlement, the said state attorney, on a

11  compliance with the terms of such compromise or settlement

12  shall give a receipt to the collector of revenue, sheriff or

13  other officer, or the sureties on their bonds, or to the legal

14  representatives, which receipt shall be a discharge from all

15  judgments, claims or demands of the state against such

16  collector of revenue or other officer, or the sureties on

17  their bonds.

18         Section 91.  Subsection (4) of section 27.34, Florida

19  Statutes, is amended to read:

20         27.34  Salaries and other related costs of state

21  attorneys' offices; limitations.--

22         (4)  Notwithstanding s. 27.25, the Chief Financial

23  Officer Insurance Commissioner may contract with the state

24  attorney of any judicial circuit of the state for the

25  prosecution of criminal violations of the Workers'

26  Compensation Law and related crimes and may contribute funds

27  for such purposes. Such contracts may provide for the

28  training, salary, and expenses of one or more assistant state

29  attorneys used in the prosecution of such crimes.

30         Section 92.  Section 27.3455, Florida Statutes, is

31  amended to read:


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  1         27.3455  Annual statement of certain revenues and

  2  expenditures.--

  3         (1)  Each county shall submit annually to the Chief

  4  Financial Officer Comptroller a statement of revenues and

  5  expenditures as set forth in this section in the form and

  6  manner prescribed by the Chief Financial Officer Comptroller

  7  in consultation with the Legislative Committee on

  8  Intergovernmental Relations, provided that such statement

  9  identify total county expenditures on:

10         (a)  Medical examiner services.

11         (b)  County victim witness programs.

12         (c)  Each of the services outlined in ss. 27.34(2) and

13  27.54(3).

14         (d)  Appellate filing fees in criminal cases in which

15  an indigent defendant appeals a judgment of a county or

16  circuit court to a district court of appeal or the Florida

17  Supreme Court.

18         (e)  Other court-related costs of the state attorney

19  and public defender that were paid by the county where such

20  costs were included in a judgment or order rendered by the

21  trial court against the county.

22  

23  Such statement also shall identify the revenues provided by s.

24  938.05(1) that were used to meet or reimburse the county for

25  such expenditures.

26         (2)(a)  Within 6 months of the close of the local

27  government fiscal year, each county shall submit to the Chief

28  Financial Officer Comptroller a statement of compliance from

29  its independent certified public accountant, engaged pursuant

30  to s. 218.39, that the certified statement of expenditures was

31  in accordance with ss. 27.34(2), 27.54(3), and this section.


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  1  All discrepancies noted by the independent certified public

  2  accountant shall be included in the statement furnished by the

  3  county to the Chief Financial Officer Comptroller.

  4         (b)  If Should the Chief Financial Officer determines

  5  Comptroller determine that additional auditing procedures are

  6  appropriate because:

  7         1.  The county failed to submit timely its annual

  8  statement;

  9         2.  Discrepancies were noted by the independent

10  certified public accountant; or

11         3.  The county failed to file before March 31 of each

12  year the certified public accountant statement of compliance,

13  the Chief Financial Officer may Comptroller is hereby

14  authorized to send his or her personnel or to contract for

15  services to bring the county into compliance.  The costs

16  incurred by the Chief Financial Officer Comptroller shall be

17  paid promptly by the county upon certification by the Chief

18  Financial Officer Comptroller.

19         (c)  Where the Chief Financial Officer Comptroller

20  elects to utilize the services of an independent contractor,

21  such certification by the Chief Financial Officer Comptroller

22  may require the county to make direct payment to a contractor.

23  Any funds owed by a county in such matters shall be recovered

24  pursuant to s. 17.04 or s. 17.041.

25         (3)  The priority for the allocation of funds collected

26  pursuant to s. 938.05(1) shall be as follows:

27         (a)  Reimbursement to the county for actual county

28  expenditures incurred in providing the state attorney and

29  public defender the services outlined in ss. 27.34(2) and

30  27.54(3), with the exception of office space, utilities, and

31  custodial services.


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  1         (b)  At the close of the local government fiscal year,

  2  funds remaining on deposit in the special trust fund of the

  3  county after reimbursements have been made pursuant to

  4  paragraph (a) shall be reimbursed to the county for actual

  5  county expenditures made in support of the operations and

  6  services of medical examiners, including the costs associated

  7  with the investigation of state prison inmate deaths. Special

  8  county trust fund revenues used to reimburse the county for

  9  medical examiner expenditures in any year shall not exceed $1

10  per county resident.

11         (c)  At the close of the local government fiscal year,

12  counties establishing or having in existence a comprehensive

13  victim-witness program which meets the standards set by the

14  Crime Victims' Services Office shall be eligible to receive 50

15  percent matching moneys from the balance remaining in the

16  special trust fund after reimbursements have been made

17  pursuant to paragraphs (a) and (b).  Special trust fund moneys

18  used in any year to supplement such programs shall not exceed

19  25 cents per county resident.

20         (d)  At the close of the local government fiscal year,

21  funds remaining in the special trust fund after reimbursements

22  have been made pursuant to paragraphs (a), (b), and (c) shall

23  be used to reimburse the county for county costs incurred in

24  the provision of office space, utilities, and custodial

25  services to the state attorney and public defender, for county

26  expenditures on appellate filing fees in criminal cases in

27  which an indigent defendant appeals a judgment of a county or

28  circuit court to a district court of appeal or the Florida

29  Supreme Court, and for county expenditures on court-related

30  costs of the state attorney and public defender that were paid

31  by the county, provided that such court-related costs were


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  1  included in a judgment or order rendered by the trial court

  2  against the county.  Where a state attorney or a public

  3  defender is provided space in a county-owned facility,

  4  responsibility for calculating county costs associated with

  5  the provision of such office space, utilities, and custodial

  6  services is hereby vested in the Chief Financial Officer

  7  Comptroller in consultation with the Legislative Committee on

  8  Intergovernmental Relations.

  9         (4)  At the end of the local government fiscal year,

10  all funds remaining on deposit in the special trust fund after

11  all reimbursements have been made as provided for in

12  subsection (3) shall be forwarded to the Chief Financial

13  Officer Treasurer for deposit in the General Revenue Fund of

14  the state.

15         (5)  The Chief Financial Officer Comptroller shall

16  adopt any rules necessary to implement his or her

17  responsibilities pursuant to this section.

18         Section 93.  Subsection (2) of section 27.703, Florida

19  Statutes, is amended to read:

20         27.703  Conflict of interest and substitute counsel.--

21         (2)  Appointed counsel shall be paid from funds

22  appropriated to the Chief Financial Officer Comptroller. The

23  hourly rate may not exceed $100. However, effective July 1,

24  1999, all appointments of private counsel under this section

25  shall be in accordance with ss. 27.710 and 27.711.

26         Section 94.  Subsection (4) of section 27.710, Florida

27  Statutes, is amended to read:

28         27.710  Registry of attorneys applying to represent

29  persons in postconviction capital collateral proceedings;

30  certification of minimum requirements; appointment by trial

31  court.--


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  1         (4)  Each private attorney who is appointed by the

  2  court to represent a capital defendant must enter into a

  3  contract with the Chief Financial Officer Comptroller. If the

  4  appointed attorney fails to execute the contract within 30

  5  days after the date the contract is mailed to the attorney,

  6  the executive director of the Commission on Capital Cases

  7  shall notify the trial court. The Chief Financial Officer

  8  Comptroller shall develop the form of the contract, function

  9  as contract manager, and enforce performance of the terms and

10  conditions of the contract. By signing such contract, the

11  attorney certifies that he or she intends to continue the

12  representation under the terms and conditions set forth in the

13  contract until the sentence is reversed, reduced, or carried

14  out or until released by order of the trial court.

15         Section 95.  Subsections (3), (4), (5), (6), (7), and

16  (13) of section 27.711, Florida Statutes, are amended to read:

17         27.711  Terms and conditions of appointment of

18  attorneys as counsel in postconviction capital collateral

19  proceedings.--

20         (3)  An attorney appointed to represent a capital

21  defendant is entitled to payment of the fees set forth in this

22  section only upon full performance by the attorney of the

23  duties specified in this section and approval of payment by

24  the trial court, and the submission of a payment request by

25  the attorney, subject to the availability of sufficient

26  funding specifically appropriated for this purpose.  The Chief

27  Financial Officer Comptroller shall notify the executive

28  director and the court if it appears that sufficient funding

29  has not been specifically appropriated for this purpose to pay

30  any fees which may be incurred. The attorney shall maintain

31  appropriate documentation, including a current and detailed


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  1  hourly accounting of time spent representing the capital

  2  defendant. The fee and payment schedule in this section is the

  3  exclusive means of compensating a court-appointed attorney who

  4  represents a capital defendant. When appropriate, a

  5  court-appointed attorney must seek further compensation from

  6  the Federal Government, as provided in 18 U.S.C. s. 3006A or

  7  other federal law, in habeas corpus litigation in the federal

  8  courts.

  9         (4)  Upon approval by the trial court, an attorney

10  appointed to represent a capital defendant under s. 27.710 is

11  entitled to payment of the following fees by the Chief

12  Financial Officer Comptroller:

13         (a)  Regardless of the stage of postconviction capital

14  collateral proceedings, the attorney is entitled to $100 per

15  hour, up to a maximum of $2,500, after accepting appointment

16  and filing a notice of appearance.

17         (b)  The attorney is entitled to $100 per hour, up to a

18  maximum of $20,000, after timely filing in the trial court the

19  capital defendant's complete original motion for

20  postconviction relief under the Florida Rules of Criminal

21  Procedure. The motion must raise all issues to be addressed by

22  the trial court. However, an attorney is entitled to fees

23  under this paragraph if the court schedules a hearing on a

24  matter that makes the filing of the original motion for

25  postconviction relief unnecessary or if the court otherwise

26  disposes of the case.

27         (c)  The attorney is entitled to $100 per hour, up to a

28  maximum of $20,000, after the trial court issues a final order

29  granting or denying the capital defendant's motion for

30  postconviction relief.

31  


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  1         (d)  The attorney is entitled to $100 per hour, up to a

  2  maximum of $20,000, after timely filing in the Supreme Court

  3  the capital defendant's brief or briefs that address the trial

  4  court's final order granting or denying the capital

  5  defendant's motion for postconviction relief and the state

  6  petition for writ of habeas corpus.

  7         (e)  The attorney is entitled to $100 per hour, up to a

  8  maximum of $10,000, after the trial court issues an order,

  9  pursuant to a remand from the Supreme Court, which directs the

10  trial court to hold further proceedings on the capital

11  defendant's motion for postconviction relief.

12         (f)  The attorney is entitled to $100 per hour, up to a

13  maximum of $4,000, after the appeal of the trial court's

14  denial of the capital defendant's motion for postconviction

15  relief and the capital defendant's state petition for writ of

16  habeas corpus become final in the Supreme Court.

17         (g)  At the conclusion of the capital defendant's

18  postconviction capital collateral proceedings in state court,

19  the attorney is entitled to $100 per hour, up to a maximum of

20  $2,500, after filing a petition for writ of certiorari in the

21  Supreme Court of the United States.

22         (h)  If, at any time, the Supreme Court of the United

23  States accepts for review the capital defendant's collateral

24  challenge of the conviction and sentence of death, the

25  attorney is entitled to $100 per hour, up to a maximum of

26  $5,000. This payment shall be full compensation for

27  representing the capital defendant throughout the certiorari

28  proceedings before the United States Supreme Court.

29  

30  The hours billed by a contracting attorney under this

31  subsection may include time devoted to representation of the


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  1  defendant by another attorney who is qualified under s. 27.710

  2  and who has been designated by the contracting attorney to

  3  assist him or her.

  4         (5)  An attorney who represents a capital defendant may

  5  use the services of one or more investigators to assist in

  6  representing a capital defendant. Upon approval by the trial

  7  court, the attorney is entitled to payment from the Chief

  8  Financial Officer Comptroller of $40 per hour, up to a maximum

  9  of $15,000, for the purpose of paying for investigative

10  services.

11         (6)  An attorney who represents a capital defendant is

12  entitled to a maximum of $15,000 for miscellaneous expenses,

13  such as the costs of preparing transcripts, compensating

14  expert witnesses, and copying documents. Upon approval by the

15  trial court, the attorney is entitled to payment by the Chief

16  Financial Officer Comptroller of up to $15,000 for

17  miscellaneous expenses, except that, if the trial court finds

18  that extraordinary circumstances exist, the attorney is

19  entitled to payment in excess of $15,000.

20         (7)  An attorney who is actively representing a capital

21  defendant is entitled to a maximum of $500 per fiscal year for

22  tuition and expenses for continuing legal education that

23  pertains to the representation of capital defendants. Upon

24  approval by the trial court, the attorney is entitled to

25  payment by the Chief Financial Officer Comptroller for

26  expenses for such tuition and continuing legal education.

27         (13)  Prior to the filing of a motion for order

28  approving payment of attorney's fees, costs, or related

29  expenses, the assigned counsel shall deliver a copy of his

30  intended billing, together with supporting affidavits and all

31  other necessary documentation, to the Chief Financial


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  1  Officer's Comptroller's named contract manager. The contract

  2  manager shall have 10 business days from receipt to review the

  3  billings, affidavit, and documentation for completeness and

  4  compliance with contractual and statutory requirements. If the

  5  contract manager objects to any portion of the proposed

  6  billing, the objection and reasons therefor shall be

  7  communicated to the assigned counsel. The assigned counsel may

  8  thereafter file his or her motion for order approving payment

  9  of attorney's fees, costs, or related expenses together with

10  supporting affidavits and all other necessary documentation.

11  The motion must specify whether the Chief Financial Officer's

12  Comptroller's contract manager objects to any portion of the

13  billing or the sufficiency of documentation and, if so, the

14  reason therefor. A copy of the motion and attachments shall be

15  served on the Chief Financial Officer's Comptroller's contract

16  manager, who shall have standing to file pleadings and appear

17  before the court to contest any motion for order approving

18  payment. The fact that the Chief Financial Officer's

19  Comptroller's contract manager has not objected to any portion

20  of the billing or to the sufficiency of the documentation is

21  not binding on the court, which retains primary authority and

22  responsibility for determining the reasonableness of all

23  billings for fees, costs, and related expenses, subject to

24  statutory limitations.

25         Section 96.  Section 28.235, Florida Statutes, is

26  amended to read:

27         28.235  Advance payments by clerk of circuit

28  court.--The clerk of the circuit court is authorized to make

29  advance payments on behalf of the county for goods and

30  services, including, but not limited to, maintenance

31  agreements and subscriptions, pursuant to rules or procedures


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  1  adopted by the Chief Financial Officer Comptroller for advance

  2  payments of invoices submitted to agencies of the state.

  3         Section 97.  Subsections (7) and (23) of section 28.24,

  4  Florida Statutes, are amended to read:

  5         28.24  Service charges by clerk of the circuit

  6  court.--The clerk of the circuit court shall make the

  7  following charges for services rendered by the clerk's office

  8  in recording documents and instruments and in performing the

  9  duties enumerated. However, in those counties where the

10  clerk's office operates as a fiscal unit of the county

11  pursuant to s. 145.022(1), the clerk shall not charge the

12  county for such services.

13  

14  

15  

16  

17                                                         Charges

18  

19         (7)  For making and reporting payrolls of jurors to

20  Chief Financial Officer State Comptroller, per page, per copy

21  ..........................................................5.00

22         (23)  For paying of witnesses and making and reporting

23  payroll to Chief Financial Officer State Comptroller, per

24  copy, per page............................................5.00

25         Section 98.  Section 30.52, Florida Statutes, is

26  amended to read:

27         30.52  Handling of public funds.--The sheriff shall

28  keep public funds in his or her custody, either in his or her

29  office in an amount not in excess of the burglary, theft, and

30  robbery insurance provided, the cost of which is hereby

31  authorized as an expense of the office, or in a depository in


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  1  an amount not in excess of the security provided pursuant to

  2  s. 658.60 and the regulations of the Department of Financial

  3  Services Banking and Finance.  The title of the depository

  4  accounts shall include the word "sheriff" and the name of the

  5  county, and withdrawals from the accounts shall be made by

  6  checks signed by the duly qualified and acting sheriff of the

  7  county, or his or her designated deputy or agent.

  8         Section 99.  Section 40.30, Florida Statutes, is

  9  amended to read:

10         40.30  Requisition endorsed by State Courts

11  Administrator or designee.--Upon receipt of such estimate and

12  the requisition from the clerk of the court, the State Courts

13  Administrator or designee shall endorse the amount that he or

14  she may deem necessary for the pay of jurors and witnesses

15  during the quarterly fiscal period and shall submit a request

16  for payment to the Chief Financial Officer Comptroller.

17         Section 100.  Section 40.31, Florida Statutes, is

18  amended to read:

19         40.31  State Courts Administrator may apportion

20  appropriation.--If the State Courts Administrator shall have

21  reason to believe that the amount appropriated by the

22  Legislature is insufficient to meet the expenses of jurors and

23  witnesses during the remaining part of the state fiscal year,

24  he or she may apportion the money in the treasury for that

25  purpose among the several counties, basing such apportionment

26  upon the amount expended for the payment of jurors and

27  witnesses in each county during the prior fiscal year. In such

28  case, each county shall be paid by warrant, issued by the

29  Chief Financial Officer Comptroller, only the amount so

30  apportioned to each county, and, when the amount so

31  apportioned is insufficient to pay in full all the jurors and


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  1  witnesses during a quarterly fiscal period, the clerk of the

  2  court shall apportion the money received pro rata among the

  3  jurors and witnesses entitled to pay and shall give to each

  4  juror or witness a certificate of the amount of compensation

  5  still due, which certificate shall be held by the State Courts

  6  Administrator as other demands against the state.

  7         Section 101.  Section 40.33, Florida Statutes, is

  8  amended to read:

  9         40.33  Deficiency.--If the compensation of jurors and

10  witnesses during a quarterly fiscal period exceeds the amount

11  estimated by the clerk of the court and therefore is

12  insufficient to pay in full the jurors and witnesses, the

13  clerk of the court shall make a further requisition upon the

14  State Courts Administrator for the amount necessary to pay

15  such default, and the amount required shall be transmitted to

16  the clerk of the court by warrant issued by the Chief

17  Financial Officer Comptroller in the same manner as the

18  original requisition or order.

19         Section 102.  Subsection (2) of section 40.34, Florida

20  Statutes, is amended to read:

21         40.34  Clerks to make triplicate payroll.--

22         (2)  The form of such payroll shall be prescribed by

23  the Chief Financial Officer Comptroller.

24         Section 103.  Section 40.35, Florida Statutes, is

25  amended to read:

26         40.35  Accounting and payment to the State Courts

27  Administrator.--

28         (1)  The clerk of the court shall, within 2 weeks after

29  the last day of the quarterly fiscal period, render to the

30  State Courts Administrator a full statement of accounts for

31  moneys received and disbursed under the provisions of this


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  1  chapter and refund to the State Courts Administrator any

  2  balance in the clerk's hands.  If upon audit the State Courts

  3  Administrator shall determine a balance due the clerk of the

  4  court, the State Courts Administrator shall submit a request

  5  for payment to the Chief Financial Officer Comptroller.

  6         (2)  If a clerk of the court fails to account for and

  7  pay over promptly the balance of all moneys paid him or her,

  8  the sureties, if any, on a clerk's official bond are liable

  9  and responsible for same; and the State Courts Administrator

10  shall report to the Governor and the Chief Financial Officer

11  Comptroller any failure on the part of the clerk of the court

12  to report and faithfully account for any such moneys.

13         Section 104.  Paragraph (b) of subsection (5) of

14  section 43.16, Florida Statutes, is amended to read:

15         43.16  Justice Administrative Commission; membership,

16  powers and duties.--

17         (5)  The duties of the commission shall include, but

18  not be limited to, the following:

19         (b)  Each state attorney and public defender and the

20  Judicial Qualifications Commission shall continue to prepare

21  necessary budgets, vouchers which represent valid claims for

22  reimbursement by the state for authorized expenses, and other

23  things incidental to the proper administrative operation of

24  the office, such as revenue transmittals to the Chief

25  Financial Officer treasurer, automated systems plans, etc.,

26  but will forward same to the commission for recording and

27  submission to the proper state officer.  However, when

28  requested by a state attorney or a public defender or the

29  Judicial Qualifications Commission, the commission will either

30  assist in the preparation of budget requests, voucher

31  


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  1  schedules, and other forms and reports or accomplish the

  2  entire project involved.

  3         Section 105.  Subsections (1), (3), and (4) of section

  4  43.19, Florida Statutes, are amended to read:

  5         43.19  Money paid into court; unclaimed funds.--

  6         (1)  In every case in which the right to withdraw money

  7  deposited as hereinbefore provided has been adjudicated or is

  8  not in dispute and the money has remained so deposited for 5

  9  years or more unclaimed by the person, firm, or corporation

10  entitled thereto, on or before December 1 of each year the

11  judge, or one of the judges, of the court shall direct that

12  the money be deposited with the Chief Financial Officer

13  Treasurer to the credit of the State School Fund, to become a

14  part of that fund, subject to the right of the person, firm,

15  or corporation entitled thereto to receive the money as

16  provided in subsection (3).

17         (3)  Any person, firm or corporation entitled to any of

18  the money may obtain an order directing the payment of the

19  money to the claimant on written petition to the court from

20  which the money was deposited or its successor, and written

21  notice to the state attorney of the circuit wherein the court

22  is situate, whether or not the court is a circuit court, and

23  proof of right thereto, and the money deposited shall

24  constitute and be a permanent appropriation for payments by

25  the Chief Financial Officer Treasurer of the state in

26  obedience of such orders.

27         (4)  All interest and income that accrue from the money

28  while on deposit with the Chief Financial Officer Treasurer to

29  the credit of the State School Fund belong to that fund.

30         Section 106.  Subsections (3) and (4) of section

31  48.151, Florida Statutes, are amended to read:


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  1         48.151  Service on statutory agents for certain

  2  persons.--

  3         (3)  The Chief Financial Officer Insurance Commissioner

  4  and Treasurer or his or her assistant or deputy or another

  5  person in charge of the office is the agent for service of

  6  process on all insurers applying for authority to transact

  7  insurance in this state, all licensed nonresident insurance

  8  agents, all nonresident disability insurance agents licensed

  9  by the Department of Financial Services Insurance pursuant to

10  s. 626.835, any unauthorized insurer under s. 626.906 or s.

11  626.937, domestic reciprocal insurers, fraternal benefit

12  societies under chapter 632, automobile inspection and

13  warranty associations, ambulance service associations, and

14  persons required to file statements under s. 628.461.

15         (4)  The Chief Financial Officer Comptroller is the

16  agent for service of process for any issuer as defined in s.

17  517.021, or any dealer, investment adviser, or associated

18  person registered with the Department of Financial Services

19  Banking and Finance, for any violation of any provision of

20  chapter 517.

21         Section 107.  Subsection (1) of section 55.03, Florida

22  Statutes, is amended to read:

23         55.03  Judgments; rate of interest, generally.--

24         (1)  On December 1 of each year beginning December 1,

25  1994, the Chief Financial Officer Comptroller of the State of

26  Florida shall set the rate of interest that shall be payable

27  on judgments or decrees for the year beginning January 1 by

28  averaging the discount rate of the Federal Reserve Bank of New

29  York for the preceding year, then adding 500 basis points to

30  the averaged federal discount rate. The Chief Financial

31  Officer Comptroller shall inform the clerk of the courts and


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  1  chief judge for each judicial circuit of the rate that has

  2  been established for the upcoming year. The initial interest

  3  rate established by the Comptroller shall take effect on

  4  January 1, 1995, and the interest rate established by the

  5  Chief Financial Officer Comptroller in subsequent years shall

  6  take effect on January 1 of each following year. Judgments

  7  obtained on or after January 1, 1995, shall use the previous

  8  statutory rate for time periods before January 1, 1995, for

  9  which interest is due and shall apply the rate set by the

10  Chief Financial Officer Comptroller for time periods after

11  January 1, 1995, for which interest is due. Nothing contained

12  herein shall affect a rate of interest established by written

13  contract or obligation.

14         Section 108.  Section 57.091, Florida Statutes, is

15  amended to read:

16         57.091  Costs; refunded to counties in certain

17  proceedings relating to state prisoners.--All lawful fees,

18  costs, and expenses hereafter adjudged against, and paid by,

19  any county in all competency proceedings and all criminal

20  prosecutions against state prisoners imprisoned in a state

21  correctional institution, and in all habeas corpus cases

22  brought to test the legality of the imprisonment of state

23  prisoners of such correctional institutions, shall be refunded

24  to the county paying the sum from the General Revenue Fund in

25  the State Treasury in the manner and to the extent herein

26  provided, to wit:  between the 1st and 15th of the month next

27  succeeding the month in which the fees, costs, and expenses

28  have been allowed and paid by the county, the clerk of the

29  court shall make requisition on the Department of Corrections

30  for the fees, costs, and expenses so allowed and paid during

31  the preceding month, giving the style of the cases in which


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  1  fees, costs, and expenses were incurred and the amount and

  2  items of cost in each case; providing a certified copy of the

  3  judgment adjudging the fees, costs, and expenses against the

  4  county and showing that the amount represented thereby has

  5  been approved by the presiding judge, paid by the county, and

  6  verified by the clerk; and attaching a certified copy of the

  7  bill as approved and allowed by the board of county

  8  commissioners of the county. If the Department of Corrections

  9  finds the bills legal and adjudged against and paid by the

10  county, the department shall submit a request to the Chief

11  Financial Officer Comptroller to draw a warrant in the amount

12  thereof, or in the amount the department finds legal and

13  adjudged against and paid by the county, in favor of the

14  county paying the fees, costs, and expenses, which shall be

15  paid by the Chief Financial Officer State Treasurer from the

16  general revenue funds of the state.

17         Section 109.  Subsections (1), (3), and (4) of section

18  68.083, Florida Statutes, are amended to read:

19         68.083  Civil actions for false claims.--

20         (1)  The department may diligently investigate a

21  violation under s. 68.082. If the department finds that a

22  person has violated or is violating s. 68.082, the department

23  may bring a civil action under the Florida False Claims Act

24  against the person. The Department of Financial Services

25  Banking and Finance may bring a civil action under this

26  section if the action arises from an investigation by that

27  department and the Department of Legal Affairs has not filed

28  an action under this act.

29         (3)  The complaint shall be identified on its face as a

30  qui tam action and shall be filed in the circuit court of the

31  Second Judicial Circuit, in and for Leon County. Immediately


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  1  upon the filing of the complaint, a copy of the complaint and

  2  written disclosure of substantially all material evidence and

  3  information the person possesses shall be served on the

  4  Attorney General, as head of the department, and on the Chief

  5  Financial Officer Comptroller, as head of the Department of

  6  Financial Services Banking and Finance, by registered mail,

  7  return receipt requested. The department, or the Department of

  8  Financial Services Banking and Finance under the circumstances

  9  specified in subsection (4), may elect to intervene and

10  proceed with the action, on behalf of the state, within 90

11  days after it receives both the complaint and the material

12  evidence and information.

13         (4)  If a person brings an action under subsection (2)

14  and the action is based upon the facts underlying a pending

15  investigation by the Department of Financial Services Banking

16  and Finance, the Department of Financial Services Banking and

17  Finance, instead of the department, may take over the action

18  on behalf of the state. In order to take over the action, the

19  Department of Financial Services Banking and Finance must give

20  the department written notification within 20 days after the

21  action is filed that the Department of Financial Services

22  Banking and Finance is conducting an investigation of the

23  facts of the action and that the Department of Financial

24  Services Banking and Finance, instead of the department, will

25  take over the action filed under subsection (2). If the

26  Department of Financial Services Banking and Finance takes

27  over the action under this subsection, the word "department"

28  as used in this act means the Department of Financial Services

29  Banking and Finance, and that department, for purposes of that

30  action, shall have all rights and standing granted the

31  department under this act.


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  1         Section 110.  Subsections (3) and (6) of section

  2  68.084, Florida Statutes, are amended to read:

  3         68.084  Rights of the parties in civil actions.--

  4         (3)  If the department elects not to proceed with the

  5  action, the person who initiated the action has the right to

  6  conduct the action. If the Attorney General, as head of the

  7  department, or the Chief Financial Officer Comptroller, as

  8  head of the Department of Financial Services Banking and

  9  Finance, so requests, it shall be served, at the requesting

10  department's expense, with copies of all pleadings and motions

11  filed in the action and copies of all deposition transcripts.

12  When a person proceeds with the action, the court, without

13  limiting the rights of the person initiating the action, may

14  nevertheless permit the department to intervene and take over

15  the action on behalf of the state at a later date upon showing

16  of good cause.

17         (6)  The Department of Financial Services Banking and

18  Finance, or the department, may intervene on its own behalf as

19  a matter of right.

20         Section 111.  Subsection (3) of section 68.087, Florida

21  Statutes, is amended to read:

22         68.087  Exemptions to civil actions.--

23         (3)  No court shall have jurisdiction over an action

24  brought under this act based upon the public disclosure of

25  allegations or transactions in a criminal, civil, or

26  administrative hearing; in a legislative, administrative,

27  inspector general, or Auditor General, Chief Financial Officer

28  Comptroller, or Department of Financial Services Banking and

29  Finance report, hearing, audit, or investigation; or from the

30  news media, unless the action is brought by the department, or

31  unless the person bringing the action is an original source of


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  1  the information. For purposes of this subsection, the term

  2  "original source" means an individual who has direct and

  3  independent knowledge of the information on which the

  4  allegations are based and has voluntarily provided the

  5  information to the department before filing an action under

  6  this act based on the information.

  7         Section 112.  Section 68.092, Florida Statutes, is

  8  amended to read:

  9         68.092  Deposit of recovered moneys.--All moneys

10  recovered by the Chief Financial Officer Comptroller, as head

11  of the Department of Financial Services Banking and Finance,

12  under s. 68.086(1) in any civil action for violation of the

13  Florida False Claims Act shall be deposited in the

14  Administrative Trust Fund of the Department of Financial

15  Services Banking and Finance.

16         Section 113.  Section 77.0305, Florida Statutes, is

17  amended to read:

18         77.0305  Continuing writ of garnishment against salary

19  or wages.--Notwithstanding any other provision of this

20  chapter, if salary or wages are to be garnished to satisfy a

21  judgment, the court shall issue a continuing writ of

22  garnishment to the judgment debtor's employer which provides

23  for the periodic payment of a portion of the salary or wages

24  of the judgment debtor as the salary or wages become due until

25  the judgment is satisfied or until otherwise provided by court

26  order.  A debtor's status as an employee of the state or its

27  agencies or political subdivisions does not preclude a

28  judgment creditor's right to garnish the debtor's wages.  For

29  the purposes of this section, the state includes the judicial

30  branch and the legislative branch as defined in s. 216.011.

31  The state, for itself and for its agencies and subdivisions,


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  1  waives sovereign immunity for the express and limited purpose

  2  necessary to carry out this section.  The court shall allow

  3  the judgment debtor's employer to collect up to $5 against the

  4  salary or wages of the judgment debtor to reimburse the

  5  employer for administrative costs for the first deduction from

  6  the judgment debtor's salary or wages and up to $2 for each

  7  deduction thereafter.  The funds collected by the state under

  8  this section must be deposited in the Department of Financial

  9  Services Banking and Finance Administrative Trust Fund for

10  purposes of carrying out this section.

11         Section 114.  Section 92.39, Florida Statutes, is

12  amended to read:

13         92.39  Evidence of individual's claim against the state

14  in suits between them.--In suits between the state and

15  individuals, no claim for a credit shall be allowed upon

16  trial, but such as shall appear to have been presented to the

17  Chief Financial Officer Comptroller for his or her the

18  Comptroller's examination, and by him or her disallowed in

19  whole or in part, unless it shall be proved to the

20  satisfaction of the court that the defendant is, at the time

21  of the trial, in possession of vouchers not before in the

22  defendant's power to procure, and that the defendant was

23  prevented from exhibiting a claim for such credit at the Chief

24  Financial Officer's Comptroller's office by unavoidable

25  accident.

26         Section 115.  Subsection (4) of section 99.097, Florida

27  Statutes, is amended to read:

28         99.097  Verification of signatures on petitions.--

29         (4)  The supervisor shall be paid in advance the sum of

30  10 cents for each signature checked or the actual cost of

31  checking such signature, whichever is less, by the candidate


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  1  or, in the case of a petition to have an issue placed on the

  2  ballot, by the person or organization submitting the petition.

  3  However, if a candidate, person, or organization seeking to

  4  have an issue placed upon the ballot cannot pay such charges

  5  without imposing an undue burden on personal resources or upon

  6  the resources otherwise available to such candidate, person,

  7  or organization, such candidate, person, or organization

  8  shall, upon written certification of such inability given

  9  under oath to the supervisor, be entitled to have the

10  signatures verified at no charge.  In the event a candidate,

11  person, or organization submitting a petition to have an issue

12  placed upon the ballot is entitled to have the signatures

13  verified at no charge, the supervisor of elections of each

14  county in which the signatures are verified at no charge shall

15  submit the total number of such signatures checked in the

16  county to the Chief Financial Officer Comptroller no later

17  than December 1 of the general election year, and the Chief

18  Financial Officer Comptroller shall cause such supervisor of

19  elections to be reimbursed from the General Revenue Fund in an

20  amount equal to 10 cents for each name checked or the actual

21  cost of checking such signatures, whichever is less.  In no

22  event shall such reimbursement of costs be deemed or applied

23  as extra compensation for the supervisor.  Petitions shall be

24  retained by the supervisors for a period of 1 year following

25  the election for which the petitions were circulated.

26         Section 116.  Paragraph (a) of subsection (2) of

27  section 101.151, Florida Statutes, is amended to read:

28         101.151  Specifications for ballots.--

29         (2)(a)  The ballot shall have headings under which

30  shall appear the names of the offices and names of duly

31  nominated candidates for the respective offices in the


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  1  following order:  the heading "President and Vice President"

  2  and thereunder the names of the candidates for President and

  3  Vice President of the United States nominated by the political

  4  party that received the highest vote for Governor in the last

  5  general election of the Governor in this state.  Then shall

  6  appear the names of other candidates for President and Vice

  7  President of the United States who have been properly

  8  nominated.  Votes cast for write-in candidates for President

  9  and Vice President shall be counted as votes cast for the

10  presidential electors supporting such candidates.  Then shall

11  follow the heading "Congressional" and thereunder the offices

12  of United States Senator and Representative in Congress; then

13  the heading "State" and thereunder the offices of Governor and

14  Lieutenant Governor, Secretary of State, Attorney General,

15  Chief Financial Officer Comptroller, Treasurer, Commissioner

16  of Education, Commissioner of Agriculture, state attorney, and

17  public defender, together with the names of the candidates for

18  each office and the title of the office which they seek; then

19  the heading "Legislative" and thereunder the offices of state

20  senator and state representative; then the heading "County"

21  and thereunder clerk of the circuit court, clerk of the county

22  court (when authorized by law), sheriff, property appraiser,

23  tax collector, district superintendent of schools, and

24  supervisor of elections. Thereafter follows: members of the

25  board of county commissioners, and such other county and

26  district offices as are involved in the general election, in

27  the order fixed by the Department of State, followed, in the

28  year of their election, by "Party Offices," and thereunder the

29  offices of state and county party executive committee members.

30  In addition to the names printed on the ballot, a blank space

31  shall be provided under each heading for an office for which a


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  1  write-in candidate has qualified. With respect to write-in

  2  candidates, if two or more candidates are seeking election to

  3  one office, only one blank space shall be provided.

  4         Section 117.  Subsection (6) of section 103.091,

  5  Florida Statutes, is amended to read:

  6         103.091  Political parties.--

  7         (6)(a)1.  In addition to the members provided for in

  8  subsection (1), each county executive committee shall include

  9  all members of the Legislature who are residents of the county

10  and members of their respective political party and who shall

11  be known as at-large committeemen and committeewomen.

12         (b)2.  Each state executive committee shall include, as

13  at-large committeemen and committeewomen, all members of the

14  United States Congress representing the State of Florida who

15  are members of the political party, all statewide elected

16  officials who are members of the party, and the President of

17  the Senate or the Minority Leader in the Senate, and the

18  Speaker of the House of Representatives or the Minority Leader

19  in the House of Representatives, whichever is a member of the

20  political party, and 20 members of the Legislature who are

21  members of the political party.  Ten of the legislators shall

22  be appointed with the concurrence of the state chair of the

23  respective party, as follows: five to be appointed by the

24  President of the Senate; five by the Minority Leader in the

25  Senate; five by the Speaker of the House of Representatives;

26  and five by the Minority Leader in the House.

27         (c)3.  When a political party allows any member of the

28  state executive committee to have more than one vote per

29  person, other than by proxy, in a matter coming before the

30  state executive committee, the 20 members of the Legislature

31  appointed under paragraph (b) subparagraph 2. shall not be


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  1  appointed to the state executive committee and the following

  2  elected officials who are members of that political party

  3  shall be appointed and shall have the following votes:

  4         1.a.  Governor:  a number equal to 15 percent of votes

  5  cast by state executive committeemen and committeewomen;

  6         2.b.  Lieutenant Governor:  a number equal to 5 percent

  7  of the votes cast by state executive committeemen and

  8  committeewomen;

  9         3.c.  Each member of the United States Senate

10  representing the state: a number equal to 10 percent of the

11  votes cast by state executive committeemen and committeewomen;

12         4.d.  Secretary of State:  a number equal to 5 percent

13  of the votes cast by state executive committeemen and

14  committeewomen;

15         5.e.  Attorney General:  a number equal to 5 percent of

16  the votes cast by state executive committeemen and

17  committeewomen;

18         6.f.  Comptroller:  a number equal to 5 percent of the

19  votes cast by state executive committeemen and committeewomen;

20         7.g.  Treasurer:  a number equal to 5 percent of the

21  votes cast by state executive committeemen and committeewomen;

22         8.h.  Commissioner of Agriculture:  a number equal to 5

23  percent of the votes cast by state executive committeemen and

24  committeewomen;

25         9.i.  Commissioner of Education:  a number equal to 5

26  percent of the votes cast by state executive committeemen and

27  committeewomen;

28         10.j.  President of the Senate: a number equal to 10

29  percent of the votes cast by state executive committeemen and

30  committeewomen;

31  


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  1         11.k.  Minority leader of the Senate:  a number equal

  2  to 10 percent of the votes cast by state executive

  3  committeemen and committeewomen;

  4         12.l.  Speaker of the House of Representatives:  a

  5  number equal to 10 percent of the votes cast by state

  6  executive committeemen and committeewomen;

  7         13.m.  Minority leader of the House of Representatives:

  8  a number equal to 10 percent of the votes cast by state

  9  executive committeemen and committeewomen; and

10         14.n.  Each member of the United States House of

11  Representatives representing the state:  a number equal to 1

12  percent of the votes cast by state executive committeemen and

13  committeewomen.

14         (d)1.4.a.  The governing body of each state executive

15  committee as defined by party rule shall include as at-large

16  committeemen and committeewomen all statewide elected

17  officials who are members of such political party; up to four

18  members of the United States Congress representing the state

19  who are members of such political party and who shall be

20  appointed by the state chair on the basis of geographic

21  representation; the permanent presiding officer selected by

22  the members of each house of the Legislature who are members

23  of such political party; and the minority leader selected by

24  the members of each house of the Legislature who are members

25  of such political party.

26         2.b.  All members of the governing body shall have one

27  vote per person.

28         Section 118.  Section 107.11, Florida Statutes, is

29  amended to read:

30         107.11  Appropriation for expenses.--For the purpose of

31  defraying the expenses of preparing for, conducting, holding


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  1  and declaring the result of the election provided for by this

  2  chapter and also for the purpose of defraying the expenses

  3  allowed by this chapter for the holding of sessions of the

  4  convention as herein provided, to be audited by the Chief

  5  Financial Officer Comptroller, there is appropriated out of

  6  the General Revenue Fund of the State of Florida a sufficient

  7  sum of money for the payment of all amounts necessary to be

  8  expended under the terms of this chapter, which sums of money

  9  shall be disbursed by the State of Florida pursuant to

10  warrants drawn by the Chief Financial Officer Comptroller upon

11  the Treasurer for the payment of same.

12         Section 119.  Paragraph (a) of subsection (2) of

13  section 110.1127, Florida Statutes, is amended to read:

14         110.1127  Employee security checks.--

15         (2)(a)  All positions within the Division of Treasury

16  of the Department of Financial Services Insurance are deemed

17  to be positions of special trust or responsibility, and a

18  person may be disqualified for employment in any such position

19  by reason of:

20         1.  The conviction or prior conviction of a crime which

21  is reasonably related to the nature of the position sought or

22  held by the individual; or

23         2.  The entering of a plea of nolo contendere or, when

24  a jury verdict of guilty is rendered but adjudication of guilt

25  is withheld, with respect to a crime which is reasonably

26  related to the nature of the position sought or held by the

27  individual.

28         Section 120.  Subsection (1) of section 110.113,

29  Florida Statutes, is amended to read:

30         110.113  Pay periods for state officers and employees;

31  salary payments by direct deposit.--


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  1         (1)  The normal pay period for salaries of state

  2  officers and employees shall be 1 month.  The Department of

  3  Financial Services Banking and Finance shall issue either

  4  monthly or biweekly salary payments by state warrants or by

  5  direct deposit pursuant to s. 17.076 or make semimonthly

  6  salary payments by direct deposit pursuant to s. 17.076, as

  7  requested by the head of each state agency and approved by the

  8  Executive Office of the Governor and the Department of

  9  Financial Services Banking and Finance.

10         Section 121.  Subsection (1) of section 110.114,

11  Florida Statutes, is amended to read:

12         110.114  Employee wage deductions.--

13         (1)  The state or any of its departments, bureaus,

14  commissions, and officers are authorized and permitted, with

15  the concurrence of the Department of Financial Services

16  Banking and Finance, to make deductions from the salary or

17  wage of any employee or employees in such amount as shall be

18  authorized and requested by such employee or employees and for

19  such purpose as shall be authorized and requested by such

20  employee or employees and shall pay such sums so deducted as

21  directed by such employee or employees.  The concurrence of

22  the Department of Financial Services Banking and Finance shall

23  not be required for the deduction of a certified bargaining

24  agent's membership dues deductions pursuant to s. 447.303 or

25  any deductions authorized by a collective bargaining

26  agreement.

27         Section 122.  Section 110.116, Florida Statutes, is

28  amended to read:

29         110.116  Personnel information system; payroll

30  procedures.--The Department of Management Services shall

31  establish and maintain, in coordination with the payroll


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  1  system of the Department of Financial Services Banking and

  2  Finance, a complete personnel information system for all

  3  authorized and established positions in the state service,

  4  with the exception of employees of the Legislature.  The

  5  specifications shall be developed in conjunction with the

  6  payroll system of the Department of Financial Services Banking

  7  and Finance and in coordination with the Auditor General.  The

  8  Department of Financial Services Banking and Finance shall

  9  determine that the position occupied by each employee has been

10  authorized and established in accordance with the provisions

11  of s. 216.251.  The Department of Management Services shall

12  develop and maintain a position numbering system that will

13  identify each established position, and such information shall

14  be a part of the payroll system of the Department of Financial

15  Services Banking and Finance.  With the exception of employees

16  of the Legislature, this system shall include all career

17  service positions and those positions exempted from career

18  service provisions, notwithstanding the funding source of the

19  salary payments, and information regarding persons receiving

20  payments from other sources. Necessary revisions shall be made

21  in the personnel and payroll procedures of the state to avoid

22  duplication insofar as is feasible.  A list shall be organized

23  by budget entity to show the employees or vacant positions

24  within each budget entity.  This list shall be available to

25  the Speaker of the House of Representatives and the President

26  of the Senate upon request.

27         Section 123.  Paragraph (a) of subsection (3) and

28  paragraph (b) of subsection (6) of section 110.1227, Florida

29  Statutes, are amended to read:

30         110.1227  Florida Employee Long-Term-Care Plan Act.--

31  


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  1         (3)  The Department of Management Services and the

  2  department shall, in consultation with public employers and

  3  employees and representatives from unions and associations

  4  representing state, university, local government, and other

  5  public employees, establish and supervise the implementation

  6  and administration of a self-funded or fully insured

  7  long-term-care plan entitled "Florida Employee Long-Term-Care

  8  Plan."

  9         (a)  The Department of Management Services and the

10  department shall, in consultation with the Department of

11  Financial Services Insurance, contract for actuarial,

12  professional-administrator, and other services for the Florida

13  Employee Long-Term-Care Plan.

14         (6)  A Florida Employee Long-Term-Care Plan Board of

15  Directors is created, composed of nine members who shall serve

16  2-year terms, to be appointed after May 1, 1999, as follows:

17         (b)  The Chief Financial Officer Insurance Commissioner

18  shall appoint an actuary.

19         Section 124.  Paragraph (f) of subsection (5) of

20  section 110.1228, Florida Statutes, is amended to read:

21         110.1228  Participation by small counties, small

22  municipalities, and district school boards located in small

23  counties.--

24         (5)  If the department determines that a small county,

25  small municipality, or district school board is eligible to

26  enroll, the small county, small municipality, or district

27  school board must agree to the following terms and conditions:

28         (f)  If a small county, small municipality, or district

29  school board employer fails to make the payments required by

30  this section to fully reimburse the state, the Department of

31  Revenue or the Department of Financial Services Banking and


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  1  Finance shall, upon the request of the Department of

  2  Management Services, deduct the amount owed by the employer

  3  from any funds not pledged to bond debt service satisfaction

  4  that are to be distributed by it to the small county, small

  5  municipality, or district school board. The amounts so

  6  deducted shall be transferred to the Department of Management

  7  Services for further distribution to the trust funds in

  8  accordance with this chapter.

  9         Section 125.  Paragraph (f) of subsection (4) and

10  paragraphs (b) and (c) of subsection (5) of section 110.123,

11  Florida Statutes, are amended to read:

12         110.123  State group insurance program.--

13         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

14  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

15         (f)  Pursuant to the request of each state officer,

16  full-time or part-time state employee, or retiree

17  participating in the state group insurance program, and upon

18  certification of the employing agency approved by the

19  department, the Chief Financial Officer Comptroller shall

20  deduct from the salary or retirement warrant payable to each

21  participant the amount so certified and shall handle such

22  deductions in accordance with rules established by the

23  department.

24         (5)  DEPARTMENT POWERS AND DUTIES.--The department is

25  responsible for the administration of the state group

26  insurance program.  The department shall initiate and

27  supervise the program as established by this section and shall

28  adopt such rules as are necessary to perform its

29  responsibilities.  To implement this program, the department

30  shall, with prior approval by the Legislature:

31  


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  1         (b)  Prepare, in cooperation with the Department of

  2  Financial Services Insurance, the specifications necessary to

  3  implement the program.

  4         (c)  Contract on a competitive proposal basis with an

  5  insurance carrier or carriers, or professional administrator,

  6  determined by the Department of Financial Services Insurance

  7  to be fully qualified, financially sound, and capable of

  8  meeting all servicing requirements.  Alternatively, the

  9  department may self-insure any plan or plans contained in the

10  state group insurance program subject to approval based on

11  actuarial soundness by the Department of Financial Services

12  Insurance.  The department may contract with an insurance

13  company or professional administrator qualified and approved

14  by the Department of Financial Services Insurance to

15  administer such plan. Before entering into any contract, the

16  department shall advertise for competitive proposals, and such

17  contract shall be let upon the consideration of the benefits

18  provided in relationship to the cost of such benefits. In

19  determining which entity to contract with, the department

20  shall, at a minimum, consider:  the entity's previous

21  experience and expertise in administering group insurance

22  programs of the type it proposes to administer; the entity's

23  ability to specifically perform its contractual obligations in

24  this state and other governmental jurisdictions; the entity's

25  anticipated administrative costs and claims experience; the

26  entity's capability to adequately provide service coverage and

27  sufficient number of experienced and qualified personnel in

28  the areas of claims processing, recordkeeping, and

29  underwriting, as determined by the department; the entity's

30  accessibility to state employees and providers; the financial

31  solvency of the entity, using accepted business sector


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  1  measures of financial performance. The department may contract

  2  for medical services which will improve the health or reduce

  3  medical costs for employees who participate in the state group

  4  insurance plan.

  5  

  6  Final decisions concerning enrollment, the existence of

  7  coverage, or covered benefits under the state group insurance

  8  program shall not be delegated or deemed to have been

  9  delegated by the department.

10         Section 126.  Section 110.125, Florida Statutes, is

11  amended to read:

12         110.125  Administrative costs.--The administrative

13  expenses and costs of operating the personnel program

14  established by this chapter shall be paid by the various

15  agencies of the state government, and each such agency shall

16  include in its budget estimates its pro rata share of such

17  cost as determined by the Department of Management Services.

18  To establish an equitable division of the costs, the amount to

19  be paid by each agency shall be determined in such proportion

20  as the service rendered to each agency bears to the total

21  service rendered under the provisions of this chapter.  The

22  amounts paid to the Department of Management Services which

23  are attributable to positions within the Senior Management

24  Service and the Selected Professional Service shall be used

25  for the administration of such services, training activities

26  for positions within those services, and the development and

27  implementation of a database of pertinent historical

28  information on exempt positions.  Should any state agency

29  become more than 90 days delinquent in payment of this

30  obligation, the department shall certify to the Chief

31  Financial Officer Comptroller the amount due and the Chief


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  1  Financial Officer Comptroller shall transfer the amount due to

  2  the department from any debtor agency funds available.

  3         Section 127.  Paragraph (a) of subsection (1) of

  4  section 110.181, Florida Statutes, is amended to read:

  5         110.181  Florida State Employees' Charitable

  6  Campaign.--

  7         (1)  CREATION AND ORGANIZATION OF CAMPAIGN.--

  8         (a)  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, an annual Florida State Employees' Charitable

12  Campaign.  Except as provided in subsection (5), this annual

13  fundraising drive is the only authorized charitable

14  fundraising drive directed toward state employees within work

15  areas during work hours, and for which the state will provide

16  payroll deduction.

17         Section 128.  Subsection (1) of section 110.2037,

18  Florida Statutes, is amended to read:

19         110.2037  Alternative benefits; tax-sheltered annual

20  leave and sick leave payments and special compensation

21  payments.--

22         (1)  The Department of Management Services has

23  authority to adopt tax-sheltered plans under s. 401(a) of the

24  Internal Revenue Code for state employees who are eligible for

25  payment for accumulated leave. The department, upon adoption

26  of the plans, shall contract for a private vendor or vendors

27  to administer the plans. These plans shall be limited to state

28  employees who are over age 55 and who are: eligible for

29  accumulated leave and special compensation payments and

30  separating from employment with 10 years of service in

31  accordance with the Internal Revenue Code, or who are


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  1  participating in the Deferred Retirement Option Program on or

  2  after July 1, 2001. The plans must provide benefits in a

  3  manner that minimizes the tax liability of the state and

  4  participants. The plans must be funded by employer

  5  contributions of payments for accumulated leave or special

  6  compensation payments, or both, as specified by the

  7  department. The plans must have received all necessary federal

  8  and state approval as required by law, must not adversely

  9  impact the qualified status of the Florida Retirement System

10  defined benefit or defined contribution plans or the pretax

11  benefits program, and must comply with the provisions of s.

12  112.65. Adoption of any plan is contingent on: the department

13  receiving appropriate favorable rulings from the Internal

14  Revenue Service; the department negotiating under the

15  provisions of chapter 447, where applicable; and the Chief

16  Financial Officer Comptroller making appropriate changes to

17  the state payroll system. The department's request for

18  proposals by vendors for such plans may require that the

19  vendors provide market-risk or volatility ratings from

20  recognized rating agencies for each of their investment

21  products. The department shall provide for a system of

22  continuous quality assurance oversight to ensure that the

23  program objectives are achieved and that the program is

24  prudently managed.

25         Section 129.  Subsection (6) of section 110.205,

26  Florida Statutes, is amended to read:

27         110.205  Career service; exemptions.--

28         (6)  EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY

29  PROGRAM, DEPARTMENT OF FINANCIAL SERVICES INSURANCE.--In

30  addition to those positions exempted from this part, there is

31  hereby exempted from the Career Service System the chief


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  1  inspector of the boiler inspection program of the Department

  2  of Financial Services Insurance. The salary range of this

  3  position shall be established by the Department of Management

  4  Services in accordance with the classification and pay plan

  5  established for the Selected Exempt Service.

  6         Section 130.  Paragraph (b) of subsection (5),

  7  paragraph (b) of subsection (7), paragraph (b) of subsection

  8  (8), and subsections (9), (11), and (13) of section 112.061,

  9  Florida Statutes, are amended to read:

10         112.061  Per diem and travel expenses of public

11  officers, employees, and authorized persons.--

12         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

13  purposes of reimbursement and methods of calculating

14  fractional days of travel, the following principles are

15  prescribed:

16         (b)  A traveler shall not be reimbursed on a per diem

17  basis for Class C travel, but shall receive subsistence as

18  provided in this section, which allowance for meals shall be

19  based on the following schedule:

20         1.  Breakfast--When travel begins before 6 a.m. and

21  extends beyond 8 a.m.

22         2.  Lunch--When travel begins before 12 noon and

23  extends beyond 2 p.m.

24         3.  Dinner--When travel begins before 6 p.m. and

25  extends beyond 8 p.m., or when travel occurs during nighttime

26  hours due to special assignment.

27  

28  No allowance shall be made for meals when travel is confined

29  to the city or town of the official headquarters or immediate

30  vicinity; except assignments of official business outside the

31  traveler's regular place of employment if travel expenses are


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  1  approved.  The Chief Financial Officer Comptroller shall

  2  establish a schedule for processing Class C travel subsistence

  3  payments at least on a monthly basis.

  4         (7)  TRANSPORTATION.--

  5         (b)  The Department of Financial Services Banking and

  6  Finance may provide any form it deems necessary to cover

  7  travel requests for traveling on official business and when

  8  paid by the state.

  9         (8)  OTHER EXPENSES.--

10         (b)  Other expenses which are not specifically

11  authorized by this section may be approved by the Department

12  of Financial Services Banking and Finance pursuant to rules

13  adopted by it.  Expenses approved pursuant to this paragraph

14  shall be reported by the Department of Financial Services

15  Banking and Finance to the Auditor General annually.

16         (9)  RULES AND REGULATIONS.--

17         (a)  The Department of Financial Services Banking and

18  Finance shall adopt promulgate such rules and regulations,

19  including, but not limited to, the general criteria to be used

20  by a state agency to predetermine justification for attendance

21  by state officers and employees and authorized persons at

22  conventions and conferences, and prescribe such forms as may

23  be necessary to effectuate the purposes of this section.  The

24  department may also adopt rules prescribing the proper

25  disposition and use of promotional items and rebates offered

26  by common carriers and other entities in connection with

27  travel at public expense; however, before adopting such rules,

28  the department shall consult with the appropriation committees

29  of the Legislature.

30         (b)  Each state agency shall promulgate such additional

31  specific rules and regulations and specific criteria to be


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  1  used by it to predetermine justification for attendance by

  2  state officers and employees and authorized persons at

  3  conventions and conferences, not in conflict with the rules

  4  and regulations of the Department of Financial Services

  5  Banking and Finance or with the general criteria to be used by

  6  a state agency to predetermine justification for attendance by

  7  state officers and employees and authorized persons at

  8  conventions, as may be necessary to effectuate the purposes of

  9  this section.

10         (11)  TRAVEL AUTHORIZATION AND VOUCHER FORMS.--

11         (a)  Authorization forms.--The Department of Financial

12  Services Banking and Finance shall furnish a uniform travel

13  authorization request form which shall be used by all state

14  officers and employees and authorized persons when requesting

15  approval for the performance of travel to a convention or

16  conference.  The form shall include, but not be limited to,

17  provision for the name of each traveler, purpose of travel,

18  period of travel, estimated cost to the state, and a statement

19  of benefits accruing to the state by virtue of such travel.  A

20  copy of the program or agenda of the convention or conference,

21  itemizing registration fees and any meals or lodging included

22  in the registration fee, shall be attached to, and filed with,

23  the copy of the travel authorization request form on file with

24  the agency.  The form shall be signed by the traveler and by

25  the traveler's supervisor stating that the travel is to be

26  incurred in connection with official business of the state.

27  The head of the agency or his or her designated representative

28  shall not authorize or approve such request in the absence of

29  the appropriate signatures. A copy of the travel authorization

30  form shall be attached to, and become a part of, the support

31  of the agency's copy of the travel voucher.


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  1         (b)  Voucher forms.--

  2         1.  The Department of Financial Services Banking and

  3  Finance shall furnish a uniform travel voucher form which

  4  shall be used by all state officers and employees and

  5  authorized persons when submitting travel expense statements

  6  for approval and payment.  No travel expense statement shall

  7  be approved for payment by the Chief Financial Officer

  8  Comptroller unless made on the form prescribed and furnished

  9  by the department. The travel voucher form shall provide for,

10  among other things, the purpose of the official travel and a

11  certification or affirmation, to be signed by the traveler,

12  indicating the truth and correctness of the claim in every

13  material matter, that the travel expenses were actually

14  incurred by the traveler as necessary in the performance of

15  official duties, that per diem claimed has been appropriately

16  reduced for any meals or lodging included in the convention or

17  conference registration fees claimed by the traveler, and that

18  the voucher conforms in every respect with the requirements of

19  this section.  The original copy of the executed uniform

20  travel authorization request form shall be attached to the

21  uniform travel voucher on file with the respective agency.

22         2.  Statements for travel expenses incidental to the

23  rendering of medical services for and on behalf of clients of

24  the Department of Health shall be on forms approved by the

25  Department of Financial Services Banking and Finance.

26         (13)  DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever

27  an agency requires an employee to incur either Class A or

28  Class B travel on emergency notice to the traveler, such

29  traveler may request the agency to pay his or her expenses for

30  meals and lodging directly to the vendor, and the agency may

31  pay the vendor the actual expenses for meals and lodging


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  1  during the travel period, limited to an amount not to exceed

  2  that authorized pursuant to this section. In emergency

  3  situations, the agency head or his or her designee may

  4  authorize an increase in the amount paid for a specific meal,

  5  provided that the total daily cost of meals does not exceed

  6  the total amount authorized for meals each day.  The agency

  7  head or his or her designee may also grant prior approval for

  8  a state agency to make direct payments of travel expenses in

  9  other situations that result in cost savings to the state, and

10  such cost savings shall be documented in the voucher submitted

11  to the Chief Financial Officer Comptroller for the direct

12  payment of travel expenses.  The provisions of this subsection

13  shall not be deemed to apply to any legislator or to any

14  employee of the Legislature.

15         Section 131.  Subsections (2), (5), and (6) of section

16  112.08, Florida Statutes, are amended to read:

17         112.08  Group insurance for public officers, employees,

18  and certain volunteers; physical examinations.--

19         (2)(a)  Every local governmental unit is authorized to

20  provide and pay out of its available funds for all or part of

21  the premium for life, health, accident, hospitalization, legal

22  expense, or annuity insurance, or all or any kinds of such

23  insurance, for the officers and employees of the local

24  governmental unit and for health, accident, hospitalization,

25  and legal expense insurance for the dependents of such

26  officers and employees upon a group insurance plan and, to

27  that end, to enter into contracts with insurance companies or

28  professional administrators to provide such insurance.  Before

29  entering any contract for insurance, the local governmental

30  unit shall advertise for competitive bids; and such contract

31  shall be let upon the basis of such bids. If a contracting


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  1  health insurance provider becomes financially impaired as

  2  determined by the Department of Financial Services Insurance

  3  or otherwise fails or refuses to provide the contracted-for

  4  coverage or coverages, the local government may purchase

  5  insurance, enter into risk management programs, or contract

  6  with third-party administrators and may make such acquisitions

  7  by advertising for competitive bids or by direct negotiations

  8  and contract. The local governmental unit may undertake

  9  simultaneous negotiations with those companies which have

10  submitted reasonable and timely bids and are found by the

11  local governmental unit to be fully qualified and capable of

12  meeting all servicing requirements.  Each local governmental

13  unit may self-insure any plan for health, accident, and

14  hospitalization coverage or enter into a risk management

15  consortium to provide such coverage, subject to approval based

16  on actuarial soundness by the Department of Financial Services

17  Insurance; and each shall contract with an insurance company

18  or professional administrator qualified and approved by the

19  Department of Financial Services Insurance to administer such

20  a plan.

21         (b)  In order to obtain approval from the Department of

22  Insurance of any self-insured plan for health, accident, and

23  hospitalization coverage, each local governmental unit or

24  consortium shall submit its plan along with a certification as

25  to the actuarial soundness of the plan, which certification is

26  prepared by an actuary who is a member of the Society of

27  Actuaries or the American Academy of Actuaries. The Department

28  of Financial Services Insurance shall not approve the plan

29  unless it determines that the plan is designed to provide

30  sufficient revenues to pay current and future liabilities, as

31  determined according to generally accepted actuarial


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  1  principles.  After implementation of an approved plan, each

  2  local governmental unit or consortium shall annually submit to

  3  the Department of Financial Services Insurance a report which

  4  includes a statement prepared by an actuary who is a member of

  5  the Society of Actuaries or the American Academy of Actuaries

  6  as to the actuarial soundness of the plan.  The report is due

  7  90 days after the close of the fiscal year of the plan.  The

  8  report shall consist of, but is not limited to:

  9         1.  The adequacy of contribution rates in meeting the

10  level of benefits provided and the changes, if any, needed in

11  the contribution rates to achieve or preserve a level of

12  funding deemed adequate to enable payment of the benefit

13  amounts provided under the plan and a valuation of present

14  assets, based on statement value, and prospective assets and

15  liabilities of the plan and the extent of any unfunded accrued

16  liabilities.

17         2.  A plan to amortize any unfunded liabilities and a

18  description of actions taken to reduce unfunded liabilities.

19         3.  A description and explanation of actuarial

20  assumptions.

21         4.  A schedule illustrating the amortization of any

22  unfunded liabilities.

23         5.  A comparative review illustrating the level of

24  funds available to the plan from rates, investment income, and

25  other sources realized over the period covered by the report

26  with the assumptions used.

27         6.  A statement by the actuary that the report is

28  complete and accurate and that in the actuary's opinion the

29  techniques and assumptions used are reasonable and meet the

30  requirements and intent of this subsection.

31  


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  1         7.  Other factors or statements as required by the

  2  Department of Insurance in order to determine the actuarial

  3  soundness of the plan.

  4  

  5  All assumptions used in the report shall be based on

  6  recognized actuarial principles acceptable to the Department

  7  of Financial Services Insurance. The Department of Financial

  8  Services Insurance shall review the report and shall notify

  9  the administrator of the plan and each entity participating in

10  the plan, as identified by the administrator, of any actuarial

11  deficiencies.  Each local governmental unit is responsible for

12  payment of valid claims of its employees that are not paid

13  within 60 days after receipt by the plan administrator or

14  consortium.

15         (c)  Every local governmental unit is authorized to

16  expend funds for preemployment physical examinations and

17  postemployment physical examinations.

18         (5)  The Department of Management Services shall

19  initiate and supervise a group insurance program providing

20  death and disability benefits for active members of the

21  Florida Highway Patrol Auxiliary, with coverage beginning July

22  1, 1978, and purchased from state funds appropriated for that

23  purpose.  The Department of Management Services, in

24  cooperation with the Department of Financial Services

25  Insurance, shall prepare specifications necessary to implement

26  the program, and the Department of Management Services shall

27  receive bids and award the contract in accordance with general

28  law.

29         (6)  The Department of Financial Services Insurance is

30  authorized to adopt rules to carry out the provisions of this

31  section as they pertain to its duties.


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  1         Section 132.  Paragraph (h) of subsection (2) of

  2  section 112.191, Florida Statutes, is amended to read:

  3         112.191  Firefighters; death benefits.--

  4         (2)

  5         (h)  The Division of the State Fire Marshal within the

  6  Department of Financial Services Insurance is directed to

  7  adopt promulgate rules as are necessary to implement the

  8  provisions of this section.

  9         Section 133.  Subsections (2) and (4), paragraph (a) of

10  subsection (6), paragraphs (a), (d), (f), and (h) of

11  subsection (8), paragraph (b) of subsection (10), and

12  subsections (11) and (12) of section 112.215, Florida

13  Statutes, are amended to read:

14         112.215  Government employees; deferred compensation

15  program.--

16         (2)  For the purposes of this section:,

17         (a)  The term "employee" means any person, whether

18  appointed, elected, or under contract, providing services for

19  the state; any state agency or county or other political

20  subdivision of the state; any municipality; or any

21  constitutional county officer under s. 1(d), Art. VIII of the

22  State Constitution for which compensation or statutory fees

23  are paid;.

24         (b)  The term "department" means the Department of

25  Management Services.

26         (4)(a)  The department Treasurer, with the approval of

27  the State Board of Administration, shall establish such plan

28  or plans of deferred compensation for state employees,

29  including all such investment vehicles or products incident

30  thereto, as may be available through, or offered by, qualified

31  companies or persons, and may approve one or more such plans


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  1  for implementation by and on behalf of the state and its

  2  agencies and employees.

  3         (b)  The department may If the Treasurer deems it

  4  advisable, he or she shall have the power, with the approval

  5  of the State Board of Administration, to create a trust or

  6  other special funds for the segregation of funds or assets

  7  resulting from compensation deferred at the request of

  8  employees of the state or its agencies and for the

  9  administration of such program.

10         (c)  The department Treasurer, with the approval of the

11  State Board of Administration, may delegate responsibility for

12  administration of the plan to a person the department

13  Treasurer determines to be qualified, compensate such person,

14  and, directly or through such person or pursuant to a

15  collective bargaining agreement, contract with a private

16  corporation or institution to provide such services as may be

17  part of any such plan or as may be deemed necessary or proper

18  by the department Treasurer or such person, including, but not

19  limited to, providing consolidated billing, individual and

20  collective recordkeeping and accountings, asset purchase,

21  control, and safekeeping, and direct disbursement of funds to

22  employees or other beneficiaries. The department Treasurer may

23  authorize a person, private corporation, or institution to

24  make direct disbursement of funds under the plan to an

25  employee or other beneficiary only upon the order of the Chief

26  Financial Officer Comptroller to the Treasurer.

27         (d)  In accordance with such approved plan, and upon

28  contract or agreement with an eligible employee, deferrals of

29  compensation may be accomplished by payroll deductions made by

30  the appropriate officer or officers of the state, with such

31  


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  1  funds being thereafter held and administered in accordance

  2  with the plan.

  3         (6)(a)  No deferred compensation plan of the state

  4  shall become effective until approved by the State Board of

  5  Administration and the department Treasurer is satisfied by

  6  opinion from such federal agency or agencies as may be deemed

  7  necessary that the compensation deferred thereunder and/or the

  8  investment products purchased pursuant to the plan will not be

  9  included in the employee's taxable income under federal or

10  state law until it is actually received by such employee under

11  the terms of the plan, and that such compensation will

12  nonetheless be deemed compensation at the time of deferral for

13  the purposes of social security coverage, for the purposes of

14  the state retirement system, and for any other retirement,

15  pension, or benefit program established by law.

16         (8)(a)  There is hereby created a Deferred Compensation

17  Advisory Council composed of seven members.

18         1.  One member shall be appointed by the Speaker of the

19  House of Representatives and the President of the Senate

20  jointly and shall be an employee of the legislative branch.

21         2.  One member shall be appointed by the Chief Justice

22  of the Supreme Court and shall be an employee of the judicial

23  branch.

24         3.  One member shall be appointed by the chair of the

25  Public Employees Relations Commission and shall be a nonexempt

26  public employee.

27         4.  The remaining four members shall be employed by the

28  executive branch and shall be appointed as follows:

29         a.  One member shall be appointed by the Division of

30  Colleges and Universities of the Florida Board of Education

31  


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  1  Chancellor of the State University System and shall be an

  2  employee of the university system.

  3         b.  One member shall be appointed by the department

  4  Treasurer and shall be an employee of the department

  5  Treasurer.

  6         c.  One member shall be appointed by the Governor and

  7  shall be an employee of the executive branch.

  8         d.  One member shall be appointed by the Chief

  9  Financial Officer Comptroller and shall be an employee of the

10  Chief Financial Officer Comptroller.

11         (d)  The council shall meet at the call of its chair,

12  at the request of a majority of its membership, or at the

13  request of the department Treasurer, but not less than twice a

14  year.  The business of the council shall be presented to the

15  council in the form of an agenda.  The agenda shall be set by

16  the department Treasurer and shall include items of business

17  requested by the council members.

18         (f)  The council shall make a report of each meeting to

19  the department Treasurer, which shall show the names of the

20  members present and shall include a record of its discussions,

21  recommendations, and actions taken.  The department Treasurer

22  shall keep the records of the proceedings of each meeting on

23  file and shall make the records available to any interested

24  person or group.

25         (h)  The advisory council shall provide assistance and

26  recommendations to the department Treasurer relating to the

27  provisions of the plan, the insurance or investment options to

28  be offered under the plan, and any other contracts or

29  appointments deemed necessary by the council and the

30  department Treasurer to carry out the provisions of this act.

31  The department Treasurer shall inform the council of the


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  1  manner in which each council recommendation is being

  2  addressed.  The department Treasurer shall provide the

  3  council, at least annually, a report on the status of the

  4  deferred compensation program, including, but not limited to,

  5  information on participant enrollment, amount of compensation

  6  deferred, total plan assets, product provider performance, and

  7  participant satisfaction with the program.

  8         (10)

  9         (b)1.  There is created in the department State

10  Treasury the Deferred Compensation Trust Fund, through which

11  the department Treasurer as trustee shall hold moneys,

12  pensions, annuities, or other benefits accrued or accruing

13  under and pursuant to 26 U.S.C. s. 457 and the deferred

14  compensation plan provided for therein and adopted by this

15  state; and

16         a.  All amounts of compensation deferred thereunder;

17         b.  All property and rights purchased with such

18  amounts; and

19         c.  All income attributable to such amounts, property,

20  or rights.

21         2.  Notwithstanding the mandates of 26 U.S.C. s.

22  457(b)(6), all of the assets specified in subparagraph 1.

23  shall be held in trust for the exclusive benefit of

24  participants and their beneficiaries as mandated by 26 U.S.C.

25  s. 457(g)(1).

26         (11)  With respect to any funds held pursuant to a

27  deferred compensation plan, any plan provider which is a bank

28  or savings association and which provides time deposit

29  accounts and certificates of deposit as an investment product

30  to the plan participants may, with the approval of the State

31  Board of Administration for providers in the state plan, or


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  1  with the approval of the appropriate official or body

  2  designated under subsection (5) for a plan of a county,

  3  municipality, other political subdivision, or constitutional

  4  county officer, be exempt from the provisions of chapter 280

  5  requiring it to be a qualified public depository, provided:

  6         (a)  The bank or savings association shall, to the

  7  extent that the time deposit accounts or certificates of

  8  deposit are not insured by the Federal Deposit Insurance

  9  Corporation or the Federal Savings and Loan Insurance

10  Corporation, pledge collateral with the Chief Financial

11  Officer Treasurer for all state funds held by it under a

12  deferred compensation plan, or with such other appropriate

13  official for all public funds held by it under a deferred

14  compensation plan of a county, municipality, other political

15  subdivision, or constitutional county officer, in an amount

16  which equals at least 150 percent of all uninsured deferred

17  compensation funds then held.

18         (b)  Said collateral shall be of the kind permitted by

19  s. 280.13 and shall be pledged in the manner provided for by

20  the applicable provisions of chapter 280.

21  

22  The Chief Financial Officer Treasurer shall have all the

23  applicable powers provided in ss. 280.04, 280.05, and 280.08

24  relating to the sale or other disposition of the pledged

25  collateral.

26         (12)  The department Treasurer may adopt any rule

27  necessary to administer and implement this act with respect to

28  deferred compensation plans for state employees.

29         Section 134.  Paragraph (h) of subsection (4) of

30  section 112.3144, Florida Statutes, is amended to read:

31  


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  1         112.3144  Full and public disclosure of financial

  2  interests.--

  3         (4)  Forms for compliance with the full and public

  4  disclosure requirements of s. 8, Art. II of the State

  5  Constitution shall be created by the Commission on Ethics. The

  6  commission shall give notice of disclosure deadlines and

  7  delinquencies and distribute forms in the following manner:

  8         (h)  Notwithstanding any provision of chapter 120, any

  9  fine imposed under this subsection which is not waived by

10  final order of the commission and which remains unpaid more

11  than 60 days after the notice of payment due or more than 60

12  days after the commission renders a final order on the appeal

13  must be submitted to the Department of Financial Services

14  Banking and Finance as a claim, debt, or other obligation owed

15  to the state, and the department shall assign the collection

16  of such fine to a collection agent as provided in s. 17.20.

17         Section 135.  Paragraph (i) of subsection (6) of

18  section 112.3145, Florida Statutes, is amended to read:

19         112.3145  Disclosure of financial interests and clients

20  represented before agencies.--

21         (6)  Forms for compliance with the disclosure

22  requirements of this section and a current list of persons

23  subject to disclosure shall be created by the commission and

24  provided to each supervisor of elections. The commission and

25  each supervisor of elections shall give notice of disclosure

26  deadlines and delinquencies and distribute forms in the

27  following manner:

28         (i)  Notwithstanding any provision of chapter 120, any

29  fine imposed under this subsection which is not waived by

30  final order of the commission and which remains unpaid more

31  than 60 days after the notice of payment due or more than 60


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  1  days after the commission renders a final order on the appeal

  2  must be submitted to the Department of Financial Services

  3  Banking and Finance as a claim, debt, or other obligation owed

  4  to the state, and the department shall assign the collection

  5  of such a fine to a collection agent as provided in s. 17.20.

  6         Section 136.  Paragraph (c) of subsection (9) of

  7  section 112.3189, Florida Statutes, is amended to read:

  8         112.3189  Investigative procedures upon receipt of

  9  whistle-blower information from certain state employees.--

10         (9)

11         (c)  The Chief Inspector General shall transmit any

12  final report under this section, any comments provided by the

13  complainant, and any appropriate comments or recommendations

14  by the Chief Inspector General to the Governor, to the Joint

15  Legislative Auditing Committee, to the investigating agency,

16  and to the Chief Financial Officer Comptroller.

17         Section 137.  Paragraph (e) of subsection (3) of

18  section 112.31895, Florida Statutes, is amended to read:

19         112.31895  Investigative procedures in response to

20  prohibited personnel actions.--

21         (3)  CORRECTIVE ACTION AND TERMINATION OF

22  INVESTIGATION.--

23         (e)1.  The Florida Commission on Human Relations may

24  request an agency or circuit court to order a stay, on such

25  terms as the court requires, of any personnel action for 45

26  days if the Florida Commission on Human Relations determines

27  that reasonable grounds exist to believe that a prohibited

28  personnel action has occurred, is occurring, or is to be

29  taken.  The Florida Commission on Human Relations may request

30  that such stay be extended for appropriate periods of time.

31  


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  1         2.  If, in connection with any investigation, the

  2  Florida Commission on Human Relations determines that

  3  reasonable grounds exist to believe that a prohibited action

  4  has occurred, is occurring, or is to be taken which requires

  5  corrective action, the Florida Commission on Human Relations

  6  shall report the determination together with any findings or

  7  recommendations to the agency head and may report that

  8  determination and those findings and recommendations to the

  9  Governor and the Chief Financial Officer Comptroller. The

10  Florida Commission on Human Relations may include in the

11  report recommendations for corrective action to be taken.

12         3.  If, after 20 days, the agency does not implement

13  the recommended action, the Florida Commission on Human

14  Relations shall terminate the investigation and notify the

15  complainant of the right to appeal under subsection (4), or

16  may petition the agency for corrective action under this

17  subsection.

18         4.  If the Florida Commission on Human Relations finds,

19  in consultation with the individual subject to the prohibited

20  action, that the agency has implemented the corrective action,

21  the commission shall file such finding with the agency head,

22  together with any written comments that the individual

23  provides, and terminate the investigation.

24         Section 138.  Paragraph (f) of subsection (5) of

25  section 112.3215, Florida Statutes, is amended to read:

26         112.3215  Lobbyists before the executive branch or the

27  Constitution Revision Commission; registration and reporting;

28  investigation by commission.--

29         (5)

30         (f)  The commission shall provide by rule a procedure

31  by which a lobbyist who fails to timely file a report shall be


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  1  notified and assessed fines.  The rule shall provide for the

  2  following:

  3         1.  Upon determining that the report is late, the

  4  person designated to review the timeliness of reports shall

  5  immediately notify the lobbyist as to the failure to timely

  6  file the report and that a fine is being assessed for each

  7  late day. The fine shall be $50 per day per report for each

  8  late day up to a maximum of $5,000 per late report.

  9         2.  Upon receipt of the report, the person designated

10  to review the timeliness of reports shall determine the amount

11  of the fine due based upon the earliest of the following:

12         a.  When a report is actually received by the lobbyist

13  registration and reporting office.

14         b.  When the report is postmarked.

15         c.  When the certificate of mailing is dated.

16         d.  When the receipt from an established courier

17  company is dated.

18         3.  Such fine shall be paid within 30 days after the

19  notice of payment due is transmitted by the Lobbyist

20  Registration Office, unless appeal is made to the commission.

21  The moneys shall be deposited into the Executive Branch Lobby

22  Registration Trust Fund.

23         4.  A fine shall not be assessed against a lobbyist the

24  first time any reports for which the lobbyist is responsible

25  are not timely filed. However, to receive the one-time fine

26  waiver, all reports for which the lobbyist is responsible must

27  be filed within 30 days after the notice that any reports have

28  not been timely filed is transmitted by the Lobbyist

29  Registration Office. A fine shall be assessed for any

30  subsequent late-filed reports.

31  


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  1         5.  Any lobbyist may appeal or dispute a fine, based

  2  upon unusual circumstances surrounding the failure to file on

  3  the designated due date, and may request and shall be entitled

  4  to a hearing before the commission, which shall have the

  5  authority to waive the fine in whole or in part for good cause

  6  shown.  Any such request shall be made within 30 days after

  7  the notice of payment due is transmitted by the Lobbyist

  8  Registration Office.  In such case, the lobbyist shall, within

  9  the 30-day period, notify the person designated to review the

10  timeliness of reports in writing of his or her intention to

11  bring the matter before the commission.

12         6.  The person designated to review the timeliness of

13  reports shall notify the commission of the failure of a

14  lobbyist to file a report after notice or of the failure of a

15  lobbyist to pay the fine imposed.

16         7.  Notwithstanding any provision of chapter 120, any

17  fine imposed under this subsection that is not waived by final

18  order of the commission and that remains unpaid more than 60

19  days after the notice of payment due or more than 60 days

20  after the commission renders a final order on the lobbyist's

21  appeal shall be collected by the Department of Financial

22  Services Banking and Finance as a claim, debt, or other

23  obligation owed to the state, and the department may assign

24  the collection of such fine to a collection agent as provided

25  in s. 17.20.

26         Section 139.  Subsection (4) of section 112.63, Florida

27  Statutes, is amended to read:

28         112.63  Actuarial reports and statements of actuarial

29  impact; review.--

30         (4)  Upon receipt, pursuant to subsection (2), of an

31  actuarial report, or upon receipt, pursuant to subsection (3),


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  1  of a statement of actuarial impact, the Department of

  2  Management Services shall acknowledge such receipt, but shall

  3  only review and comment on each retirement system's or plan's

  4  actuarial valuations at least on a triennial basis.  If the

  5  department finds that the actuarial valuation is not complete,

  6  accurate, or based on reasonable assumptions, or if the

  7  department does not receive the actuarial report or statement

  8  of actuarial impact, the department shall notify the local

  9  government and request appropriate adjustment. If, after a

10  reasonable period of time, a satisfactory adjustment is not

11  made, the affected local government or the department may

12  petition for a hearing under the provisions of ss. 120.569 and

13  120.57. If the administrative law judge recommends in favor of

14  the department, the department shall perform an actuarial

15  review or prepare the statement of actuarial impact. The cost

16  to the department of performing such actuarial review or

17  preparing such statement shall be charged to the governmental

18  entity of which the employees are covered by the retirement

19  system or plan.  If payment of such costs is not received by

20  the department within 60 days after receipt by the

21  governmental entity of the request for payment, the department

22  shall certify to the Chief Financial Officer Comptroller the

23  amount due, and the Chief Financial Officer Comptroller shall

24  pay such amount to the department from any funds payable to

25  the governmental entity of which the employees are covered by

26  the retirement system or plan.  If the administrative law

27  judge recommends in favor of the local retirement system and

28  the department performs an actuarial review, the cost to the

29  department of performing the actuarial review shall be paid by

30  the department.

31  


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  1         Section 140.  Section 114.03, Florida Statutes, is

  2  amended to read:

  3         114.03  Certain executive officers not to absent

  4  themselves from the state.--The Secretary of State, Attorney

  5  General, Chief Financial Officer Comptroller, Treasurer,

  6  Commissioner of Education, and Commissioner of Agriculture

  7  shall reside at the capital, and no member of the Cabinet

  8  shall absent himself or herself from the state for a period of

  9  60 consecutive days or more without the consent of the

10  Governor and a majority of the Cabinet.  If a Cabinet officer

11  should refuse or fail to comply with and observe the

12  requirements of this section, his or her office may be deemed

13  vacant pursuant to paragraph (f) or paragraph (g) of s.

14  114.01(1), as appropriate.

15         Section 141.  Section 116.03, Florida Statutes, is

16  amended to read:

17         116.03  Officers to report fees collected.--Each state

18  and county officer who receives all or any part of his or her

19  compensation in fees or commissions, or other remuneration,

20  shall keep a complete report of all fees and commissions, or

21  other remuneration collected, and shall make a report to the

22  Department of Financial Services Banking and Finance of all

23  such fees and commissions, or other remuneration, annually on

24  December 31 of each and every year.  Such report shall be made

25  upon forms to be prescribed from time to time by the

26  department, and shall show in detail the source, character and

27  amount of all his or her official expenses and the net amount

28  that the office has paid up to the time of making such report.

29  All officers shall make out, fill in and subscribe and

30  properly forward to the department such reports, and swear to

31  the accuracy and competency of such reports.


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  1         Section 142.  Section 116.04, Florida Statutes, is

  2  amended to read:

  3         116.04  Failure of officer to make sworn report of

  4  fees.--Any officer who shall fail or refuse to make,

  5  subscribe, and swear, or to file with the Department of

  6  Financial Services Banking and Finance a report of all fees,

  7  commissions, or other remuneration collected, as required by

  8  law, or if any officer shall knowingly or willfully make false

  9  or incomplete reports, or in any report violate any of the

10  provisions of s. 116.03 he or she shall be guilty of a

11  misdemeanor of the first degree, punishable as provided in  s.

12  775.082 or s. 775.083.

13         Section 143.  Section 116.05, Florida Statutes, is

14  amended to read:

15         116.05  Examination and publication by Department of

16  Financial Services Banking and Finance.--The Department of

17  Financial Services Banking and Finance shall have examined and

18  verified any of the reports received under s. 116.03 whenever

19  in its judgment the same may be necessary, and the department

20  shall cause the matter and things in each of said reports to

21  be published one time in a newspaper published in the county

22  in which such report originated, in such form as it shall

23  direct, and the expense of such publication shall be paid by

24  the county commissioners of such county.

25         Section 144.  Section 116.06, Florida Statutes, is

26  amended to read:

27         116.06  Summary of reports; certain officers not

28  required to report fees.--A summary of all such reports shall

29  be included by the Department of Financial Services Banking

30  and Finance in its annual report to the Governor, except that

31  


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  1  jurors and notaries public shall not be required to make such

  2  reports as provided for in s. 116.03.

  3         Section 145.  Section 116.14, Florida Statutes, is

  4  amended to read:

  5         116.14  Receipts required from purchasers of state

  6  property.--Upon the sale of any state property by the

  7  superintendent and presidents of state institutions as

  8  provided by law, they shall take receipt for the same from the

  9  purchaser, which receipt shall be forwarded, together with the

10  proceeds of the sale, to the Chief Financial Officer State

11  Treasurer.

12         Section 146.  Paragraph (c) of subsection (15) of

13  section 120.52, Florida Statutes, is amended to read:

14         120.52  Definitions.--As used in this act:

15         (15)  "Rule" means each agency statement of general

16  applicability that implements, interprets, or prescribes law

17  or policy or describes the procedure or practice requirements

18  of an agency and includes any form which imposes any

19  requirement or solicits any information not specifically

20  required by statute or by an existing rule.  The term also

21  includes the amendment or repeal of a rule.  The term does not

22  include:

23         (c)  The preparation or modification of:

24         1.  Agency budgets.

25         2.  Statements, memoranda, or instructions to state

26  agencies issued by the Chief Financial Officer or Comptroller

27  as chief fiscal officer of the state and relating or

28  pertaining to claims for payment submitted by state agencies

29  to the Chief Financial Officer or Comptroller.

30         3.  Contractual provisions reached as a result of

31  collective bargaining.


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  1         4.  Memoranda issued by the Executive Office of the

  2  Governor relating to information resources management.

  3         Section 147.  Section 120.80, Florida Statutes, is

  4  amended to read:

  5         120.80  Exceptions and special requirements;

  6  agencies.--

  7         (1)  DIVISION OF ADMINISTRATIVE

  8  HEARINGS.--Notwithstanding s. 120.57(1)(a), a hearing in which

  9  the division is a party shall not be conducted by an

10  administrative law judge assigned by the division.  An

11  attorney assigned by the Administration Commission shall be

12  the hearing officer.

13         (2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--

14         (a)  Marketing orders under chapter 527, chapter 573,

15  or chapter 601 are not rules.

16         (b)  Notwithstanding s. 120.57(1)(a), hearings held by

17  the Department of Agriculture and Consumer Services pursuant

18  to chapter 601 need not be conducted by an administrative law

19  judge assigned by the division.

20         (3)  DEPARTMENT OF FINANCIAL SERVICES BANKING AND

21  FINANCE.--

22         (a)  Notwithstanding s. 120.60(1), in proceedings for

23  the issuance, denial, renewal, or amendment of a license or

24  approval of a merger pursuant to title XXXVIII:

25         1.a.  The Department of Financial Services Banking and

26  Finance shall have published in the Florida Administrative

27  Weekly notice of the application within 21 days after receipt.

28         b.  Within 21 days after publication of notice, any

29  person may request a hearing. Failure to request a hearing

30  within 21 days after notice constitutes a waiver of any right

31  to a hearing. The Department of Financial Services Banking and


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  1  Finance or an applicant may request a hearing at any time

  2  prior to the issuance of a final order. Hearings shall be

  3  conducted pursuant to ss. 120.569 and 120.57, except that the

  4  Department of Financial Services Banking and Finance shall by

  5  rule provide for participation by the general public.

  6         2.  Should a hearing be requested as provided by

  7  sub-subparagraph 1.b., the applicant or licensee shall publish

  8  at its own cost a notice of the hearing in a newspaper of

  9  general circulation in the area affected by the application.

10  The Department of Financial Services Banking and Finance may

11  by rule specify the format and size of the notice.

12         3.  Notwithstanding s. 120.60(1), and except as

13  provided in subparagraph 4., every application for license for

14  a new bank, new trust company, new credit union, or new

15  savings and loan association shall be approved or denied

16  within 180 days after receipt of the original application or

17  receipt of the timely requested additional information or

18  correction of errors or omissions. Any application for such a

19  license or for acquisition of such control which is not

20  approved or denied within the 180-day period or within 30 days

21  after conclusion of a public hearing on the application,

22  whichever is later, shall be deemed approved subject to the

23  satisfactory completion of conditions required by statute as a

24  prerequisite to license and approval of insurance of accounts

25  for a new bank, a new savings and loan association, or a new

26  credit union by the appropriate insurer.

27         4.  In the case of every application for license to

28  establish a new bank, trust company, or capital stock savings

29  association in which a foreign national proposes to own or

30  control 10 percent or more of any class of voting securities,

31  and in the case of every application by a foreign national for


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  1  approval to acquire control of a bank, trust company, or

  2  capital stock savings association, the Department of Financial

  3  Services Banking and Finance shall request that a public

  4  hearing be conducted pursuant to ss. 120.569 and 120.57.

  5  Notice of such hearing shall be published by the applicant as

  6  provided in subparagraph 2. The failure of any such foreign

  7  national to appear personally at the hearing shall be grounds

  8  for denial of the application. Notwithstanding the provisions

  9  of s. 120.60(1) and subparagraph 3., every application

10  involving a foreign national shall be approved or denied

11  within 1 year after receipt of the original application or any

12  timely requested additional information or the correction of

13  any errors or omissions, or within 30 days after the

14  conclusion of the public hearing on the application, whichever

15  is later.

16         (b)  In any application for a license or merger

17  pursuant to title XXXVIII which is referred by the agency to

18  the division for hearing, the administrative law judge shall

19  complete and submit to the agency and to all parties a written

20  report consisting of findings of fact and rulings on

21  evidentiary matters. The agency shall allow each party at

22  least 10 days in which to submit written exceptions to the

23  report.

24         (c)  Notwithstanding s. 120.60(1), every application

25  for a certificate of authority as required by s. 624.401 shall

26  be approved or denied within 180 days after receipt of the

27  original application. Any application for a certificate of

28  authority which is not approved or denied within the 180-day

29  period, or within 30 days after conclusion of a public hearing

30  held on the application, shall be deemed approved, subject to

31  


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  1  the satisfactory completion of conditions required by statute

  2  as a prerequisite to licensure.

  3         (4)  DEPARTMENT OF BUSINESS AND PROFESSIONAL

  4  REGULATION.--

  5         (a)  Business regulation.--The Division of Pari-mutuel

  6  Wagering is exempt from the hearing and notice requirements of

  7  ss. 120.569 and 120.57(1)(a), but only for stewards, judges,

  8  and boards of judges when the hearing is to be held for the

  9  purpose of the imposition of fines or suspensions as provided

10  by rules of the Division of Pari-mutuel Wagering, but not for

11  revocations, and only upon violations of subparagraphs 1.-6.

12  The Division of Pari-mutuel Wagering shall adopt rules

13  establishing alternative procedures, including a hearing upon

14  reasonable notice, for the following violations:

15         1.  Horse riding, harness riding, greyhound

16  interference, and jai alai game actions in violation of

17  chapter 550.

18         2.  Application and usage of drugs and medication to

19  horses, greyhounds, and jai alai players in violation of

20  chapter 550.

21         3.  Maintaining or possessing any device which could be

22  used for the injection or other infusion of a prohibited drug

23  to horses, greyhounds, and jai alai players in violation of

24  chapter 550.

25         4.  Suspensions under reciprocity agreements between

26  the Division of Pari-mutuel Wagering and regulatory agencies

27  of other states.

28         5.  Assault or other crimes of violence on premises

29  licensed for pari-mutuel wagering.

30         6.  Prearranging the outcome of any race or game.

31  


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  1         (b)  Professional regulation.--Notwithstanding s.

  2  120.57(1)(a), formal hearings may not be conducted by the

  3  Secretary of Business and Professional Regulation or a board

  4  or member of a board within the Department of Business and

  5  Professional Regulation for matters relating to the regulation

  6  of professions, as defined by chapter 455.

  7         (5)  FLORIDA LAND AND WATER ADJUDICATORY

  8  COMMISSION.--Notwithstanding the provisions of s.

  9  120.57(1)(a), when the Florida Land and Water Adjudicatory

10  Commission receives a notice of appeal pursuant to s. 380.07,

11  the commission shall notify the division within 60 days after

12  receipt of the notice of appeal if the commission elects to

13  request the assignment of an administrative law judge.

14         (6)  DEPARTMENT OF LAW ENFORCEMENT.--Law enforcement

15  policies and procedures of the Department of Law Enforcement

16  which relate to the following are not rules as defined by this

17  chapter:

18         (a)  The collection, management, and dissemination of

19  active criminal intelligence information and active criminal

20  investigative information; management of criminal

21  investigations; and management of undercover investigations

22  and the selection, assignment, and fictitious identity of

23  undercover personnel.

24         (b)  The recruitment, management, identity, and

25  remuneration of confidential informants or sources.

26         (c)  Surveillance techniques, the selection of

27  surveillance personnel, and electronic surveillance, including

28  court-ordered and consensual interceptions of communication

29  conducted pursuant to chapter 934.

30         (d)  The safety and release of hostages.

31  


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  1         (e)  The provision of security and protection to public

  2  figures.

  3         (f)  The protection of witnesses.

  4         (7)  DEPARTMENT OF CHILDREN AND FAMILY

  5  SERVICES.--Notwithstanding s. 120.57(1)(a), hearings conducted

  6  within the Department of Children and Family Services in the

  7  execution of those social and economic programs administered

  8  by the former Division of Family Services of the former

  9  Department of Health and Rehabilitative Services prior to the

10  reorganization effected by chapter 75-48, Laws of Florida,

11  need not be conducted by an administrative law judge assigned

12  by the division.

13         (8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--

14         (a)  Drivers' licenses.--

15         1.  Notwithstanding s. 120.57(1)(a), hearings regarding

16  drivers' licensing pursuant to chapter 322 need not be

17  conducted by an administrative law judge assigned by the

18  division.

19         2.  Notwithstanding s. 120.60(5), cancellation,

20  suspension, or revocation of a driver's license shall be by

21  personal delivery to the licensee or by first-class mail as

22  provided in s. 322.251.

23         (b)  Wrecker operators.--Notwithstanding s.

24  120.57(1)(a), hearings held by the Division of the Florida

25  Highway Patrol of the Department of Highway Safety and Motor

26  Vehicles to deny, suspend, or remove a wrecker operator from

27  participating in the wrecker rotation system established by s.

28  321.051 need not be conducted by an administrative law judge

29  assigned by the division. These hearings shall be held by a

30  hearing officer appointed by the director of the Division of

31  the Florida Highway Patrol.


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  1         (9)  DEPARTMENT OF INSURANCE.--Notwithstanding s.

  2  120.60(1), every application for a certificate of authority as

  3  required by s. 624.401 shall be approved or denied within 180

  4  days after receipt of the original application. Any

  5  application for a certificate of authority which is not

  6  approved or denied within the 180-day period, or within 30

  7  days after conclusion of a public hearing held on the

  8  application, shall be deemed approved, subject to the

  9  satisfactory completion of conditions required by statute as a

10  prerequisite to licensure.

11         (9)(10)  DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY.--

12         (a)  Unemployment compensation.--

13         1.  Notwithstanding s. 120.54, the rulemaking

14  provisions of this chapter do not apply to unemployment

15  compensation appeals referees.

16         2.  Notwithstanding s. 120.57(1)(a), hearings may be

17  conducted by the Unemployment Appeals Commission in

18  unemployment compensation appeals, unemployment compensation

19  appeals referees, and special deputies pursuant to s. 443.141.

20         (b)  Workers' compensation.--Notwithstanding s.

21  120.52(1), a judge of compensation claims, in the adjudication

22  of matters pursuant to chapter 440, shall not be considered an

23  agency or part of an agency for the purposes of this chapter.

24         (10)(11)  NATIONAL GUARD.--Notwithstanding s.

25  120.52(15), the enlistment, organization, administration,

26  equipment, maintenance, training, and discipline of the

27  militia, National Guard, organized militia, and unorganized

28  militia, as provided by s. 2, Art. X of the State

29  Constitution, are not rules as defined by this chapter.

30         (11)(12)  PUBLIC EMPLOYEES RELATIONS COMMISSION.--

31  


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  1         (a)  Notwithstanding s. 120.57(1)(a), hearings within

  2  the jurisdiction of the Public Employees Relations Commission

  3  need not be conducted by an administrative law judge assigned

  4  by the division.

  5         (b)  Section 120.60 does not apply to certification of

  6  employee organizations pursuant to s. 447.307.

  7         (12)(13)  FLORIDA PUBLIC SERVICE COMMISSION.--

  8         (a)  Agency statements that relate to cost-recovery

  9  clauses, factors, or mechanisms implemented pursuant to

10  chapter 366, relating to public utilities, are exempt from the

11  provisions of s. 120.54(1)(a).

12         (b)  Notwithstanding ss. 120.569 and 120.57, a hearing

13  on an objection to proposed action of the Florida Public

14  Service Commission may only address the issues in dispute.

15  Issues in the proposed action which are not in dispute are

16  deemed stipulated.

17         (c)  The Florida Public Service Commission is exempt

18  from the time limitations in s. 120.60(1) when issuing a

19  license.

20         (d)  Notwithstanding the provisions of this chapter, in

21  implementing the Telecommunications Act of 1996, Pub. L. No.

22  104-104, the Public Service Commission is authorized to employ

23  procedures consistent with that act.

24         (e)  Notwithstanding the provisions of this chapter, s.

25  350.128, or s. 364.381, appellate jurisdiction for Public

26  Service Commission decisions that implement the

27  Telecommunications Act of 1996, Pub. L. No. 104-104, shall be

28  consistent with the provisions of that act.

29         (f)  Notwithstanding any provision of this chapter, all

30  public utilities and companies regulated by the Public Service

31  Commission shall be entitled to proceed under the interim rate


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  1  provisions of chapter 364 or the procedures for interim rates

  2  contained in chapter 74-195, Laws of Florida, or as otherwise

  3  provided by law.

  4         (13)(14)  DEPARTMENT OF REVENUE.--

  5         (a)  Assessments.--An assessment of tax, penalty, or

  6  interest by the Department of Revenue is not a final order as

  7  defined by this chapter. Assessments by the Department of

  8  Revenue shall be deemed final as provided in the statutes and

  9  rules governing the assessment and collection of taxes.

10         (b)  Taxpayer contest proceedings.--

11         1.  In any administrative proceeding brought pursuant

12  to this chapter as authorized by s. 72.011(1), the taxpayer

13  shall be designated the "petitioner" and the Department of

14  Revenue shall be designated the "respondent," except that for

15  actions contesting an assessment or denial of refund under

16  chapter 207, the Department of Highway Safety and Motor

17  Vehicles shall be designated the "respondent," and for actions

18  contesting an assessment or denial of refund under chapters

19  210, 550, 561, 562, 563, 564, and 565, the Department of

20  Business and Professional Regulation shall be designated the

21  "respondent."

22         2.  In any such administrative proceeding, the

23  applicable department's burden of proof, except as otherwise

24  specifically provided by general law, shall be limited to a

25  showing that an assessment has been made against the taxpayer

26  and the factual and legal grounds upon which the applicable

27  department made the assessment.

28         3.a.  Prior to filing a petition under this chapter,

29  the taxpayer shall pay to the applicable department the amount

30  of taxes, penalties, and accrued interest assessed by that

31  department which are not being contested by the taxpayer.


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  1  Failure to pay the uncontested amount shall result in the

  2  dismissal of the action and imposition of an additional

  3  penalty of 25 percent of the amount taxed.

  4         b.  The requirements of s. 72.011(2) and (3)(a) are

  5  jurisdictional for any action under this chapter to contest an

  6  assessment or denial of refund by the Department of Revenue,

  7  the Department of Highway Safety and Motor Vehicles, or the

  8  Department of Business and Professional Regulation.

  9         4.  Except as provided in s. 220.719, further

10  collection and enforcement of the contested amount of an

11  assessment for nonpayment or underpayment of any tax,

12  interest, or penalty shall be stayed beginning on the date a

13  petition is filed. Upon entry of a final order, an agency may

14  resume collection and enforcement action.

15         5.  The prevailing party, in a proceeding under ss.

16  120.569 and 120.57 authorized by s. 72.011(1), may recover all

17  legal costs incurred in such proceeding, including reasonable

18  attorney's fees, if the losing party fails to raise a

19  justiciable issue of law or fact in its petition or response.

20         6.  Upon review pursuant to s. 120.68 of final agency

21  action concerning an assessment of tax, penalty, or interest

22  with respect to a tax imposed under chapter 212, or the denial

23  of a refund of any tax imposed under chapter 212, if the court

24  finds that the Department of Revenue improperly rejected or

25  modified a conclusion of law, the court may award reasonable

26  attorney's fees and reasonable costs of the appeal to the

27  prevailing appellant.

28         (c)  Proceedings for administrative child support

29  orders.--Notwithstanding the provisions of s. 120.569 or s.

30  120.57 to the contrary, in proceedings for the establishment

31  of administrative support orders pursuant to s. 409.2563,


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  1  final orders in cases referred by the Department of Revenue to

  2  the Division of Administrative Hearings shall be entered by

  3  the division's administrative law judge and transmitted to the

  4  Department of Revenue for filing and indexing.  The Department

  5  of Revenue has the right to seek judicial review of a final

  6  order entered by an administrative law judge.  Administrative

  7  support orders rendered pursuant to s. 409.2563 may be

  8  enforced pursuant to s. 120.69 or, alternatively, by any

  9  method prescribed by law for the enforcement of judicial

10  support orders, except contempt.

11         (14)(15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

12  120.57(1)(a), formal hearings may not be conducted by the

13  Secretary of Health, the Secretary of Health Care

14  Administration, or a board or member of a board within the

15  Department of Health or the Agency for Health Care

16  Administration for matters relating to the regulation of

17  professions, as defined by chapter 456. Notwithstanding s.

18  120.57(1)(a), hearings conducted within the Department of

19  Health in execution of the Special Supplemental Nutrition

20  Program for Women, Infants, and Children; Child Care Food

21  Program; Children's Medical Services Program; the Brain and

22  Spinal Cord Injury Program; and the exemption from

23  disqualification reviews for certified nurse assistants

24  program need not be conducted by an administrative law judge

25  assigned by the division. The Department of Health may

26  contract with the Department of Children and Family Services

27  for a hearing officer in these matters.

28         (15)(16)  DEPARTMENT OF ENVIRONMENTAL

29  PROTECTION.--Notwithstanding the provisions of s.

30  120.54(1)(d), the Department of Environmental Protection, in

31  undertaking rulemaking to establish best available control


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  1  technology, lowest achievable emissions rate, or case-by-case

  2  maximum available control technology for purposes of s.

  3  403.08725, shall not adopt the lowest regulatory cost

  4  alternative if such adoption would prevent the agency from

  5  implementing federal requirements.

  6         (16)(17)  FLORIDA BUILDING COMMISSION.--

  7         (a)  Notwithstanding the provisions of s. 120.542, the

  8  Florida Building Commission may not accept a petition for

  9  waiver or variance and may not grant any waiver or variance

10  from the requirements of the Florida Building Code.

11         (b)  The Florida Building Commission shall adopt within

12  the Florida Building Code criteria and procedures for

13  alternative means of compliance with the code or local

14  amendments thereto, for enforcement by local governments,

15  local enforcement districts, or other entities authorized by

16  law to enforce the Florida Building Code. Appeals from the

17  denial of the use of alternative means shall be heard by the

18  local board, if one exists, and may be appealed to the Florida

19  Building Commission.

20         Section 148.  Section 121.0312, Florida Statutes, is

21  amended to read:

22         121.0312  Review; actuarial valuation report;

23  contribution rate determination process.--The Governor, Chief

24  Financial Officer Comptroller, and Attorney General Treasurer,

25  sitting as the Board of Trustees of the State Board of

26  Administration, shall review the actuarial valuation report

27  prepared in accordance with the provisions of this chapter.

28  The board shall review the process by which Florida Retirement

29  System contribution rates are determined and recommend and

30  submit any comments regarding the process to the Legislature.

31  


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  1         Section 149.  Paragraph (e) of subsection (1) of

  2  section 121.055, Florida Statutes, is amended to read:

  3         121.055  Senior Management Service Class.--There is

  4  hereby established a separate class of membership within the

  5  Florida Retirement System to be known as the "Senior

  6  Management Service Class," which shall become effective

  7  February 1, 1987.

  8         (1)

  9         (e)  Effective January 1, 1991, participation in the

10  Senior Management Service Class shall be compulsory for the

11  number of senior managers who have policymaking authority with

12  the State Board of Administration, as determined by the

13  Governor, Chief Financial Officer Treasurer, and Attorney

14  General Comptroller acting as the State Board of

15  Administration, unless such member elects to participate in

16  the Senior Management Service Optional Annuity Program as

17  established in subsection (6) in lieu of participation in the

18  Senior Management Service Class. Such election shall be made

19  in writing and filed with the division and the personnel

20  officer of the State Board of Administration within 90 days

21  after becoming eligible for membership in the Senior

22  Management Service Class.

23         Section 150.  Paragraph (a) of subsection (2) of

24  section 121.061, Florida Statutes, is amended to read:

25         121.061  Funding.--

26         (2)(a)  Should any employer other than a state employer

27  fail to make the retirement and social security contributions,

28  both member and employer contributions, required by this

29  chapter, then, upon request by the administrator, the

30  Department of Revenue or the Department of Financial Services

31  Banking and Finance, as the case may be, shall deduct the


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  1  amount owed by the employer from any funds to be distributed

  2  by it to the county, city, special district, or consolidated

  3  form of government.  The amounts so deducted shall be

  4  transferred to the administrator for further distribution to

  5  the trust funds in accordance with this chapter.

  6         Section 151.  Section 121.133, Florida Statutes, is

  7  amended to read:

  8         121.133  Cancellation of uncashed

  9  warrants.--Notwithstanding the provisions of s. 17.26 or s.

10  717.123 to the contrary, effective July 1, 1998, if any state

11  warrant issued by the Chief Financial Officer Comptroller for

12  the payment of retirement benefits from the Florida Retirement

13  System Trust Fund, or any other pension trust fund

14  administered by the department, is not presented for payment

15  within 1 year after the last day of the month in which it was

16  originally issued, the Chief Financial Officer Comptroller

17  shall cancel the benefit warrant and credit the amount of the

18  warrant to the Florida Retirement System Trust Fund or other

19  pension trust fund administered by the department, as

20  appropriate. The department may provide for issuance of a

21  replacement warrant when deemed appropriate.

22         Section 152.  Paragraph (b) of subsection (12) of

23  section 121.4501, Florida Statutes, is amended to read:

24         121.4501  Public Employee Optional Retirement

25  Program.--

26         (12)  ADVISORY COMMITTEES TO PROVIDE ADVICE AND

27  ASSISTANCE.--The Investment Advisory Council and the Public

28  Employee Optional Retirement Program Advisory Committee shall

29  assist the board in implementing and administering the Public

30  Employee Optional Retirement Program.

31  


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  1         (b)1.  The Public Employee Optional Retirement Program

  2  Advisory Committee shall be composed of seven members. The

  3  President of the Senate shall appoint two members, the Speaker

  4  of the House of Representatives shall appoint two members, the

  5  Governor shall appoint two members one member, the Treasurer

  6  shall appoint one member, and the Chief Financial Officer

  7  Comptroller shall appoint one member. On January 7, 2003, the

  8  term of office of the member appointed by the Treasurer and of

  9  the member appointed by the Comptroller expires; and the Chief

10  Financial Officer shall choose one of those members for

11  reappointment for the remainder of the term. The members of

12  the advisory committee shall elect a member as chair. The

13  appointments shall be made by September 1, 2000, and the

14  committee shall meet to organize by October 1, 2000. The

15  initial appointments shall be for a term of 24 months. Each

16  appointing authority shall fill any vacancy occurring among

17  its appointees for the remainder of the original term.

18         2.  The advisory committee shall make recommendations

19  on the selection of the third-party administrator, the

20  education providers, and the investment products and

21  providers. The committee's recommendations on the third-party

22  administrator must be forwarded to the Trustees of the State

23  Board of Administration by January 1, 2001. The

24  recommendations on the education providers must be forwarded

25  to the trustees by April 1, 2001.

26         3.  The advisory committee's recommendations and

27  activities shall be guided by the best interests of the

28  employees, considering the interests of employers, and the

29  intent of the Legislature in establishing the Public Employee

30  Optional Retirement Program.

31  


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  1         4.  The staff of the state board and the department

  2  shall assist the advisory committee.

  3         Section 153.  Paragraphs (a) and (b) of subsection (11)

  4  of section 125.0104, Florida Statutes, are amended to read:

  5         125.0104  Tourist development tax; procedure for

  6  levying; authorized uses; referendum; enforcement.--

  7         (11)  INTEREST PAID ON DISTRIBUTIONS.--

  8         (a)  Interest shall be paid on undistributed taxes

  9  collected and remitted to the Department of Revenue under this

10  section.  Such interest shall be included along with the tax

11  proceeds distributed to the counties and shall be paid from

12  moneys transferred from the General Revenue Fund.  The

13  department shall calculate the interest for net tax

14  distributions using the average daily rate that was earned by

15  the State Treasury for the preceding calendar quarter and paid

16  to the General Revenue Fund.  This rate shall be certified by

17  the Chief Financial Officer Treasurer to the department by the

18  20th day following the close of each quarter.

19         (b)  The interest applicable to taxes collected under

20  this section shall be calculated by multiplying the tax

21  amounts to be distributed times the daily rate times the

22  number of days after the third working day following the date

23  the tax is due and payable pursuant to s. 212.11 until the

24  date the department issues a voucher to request the Chief

25  Financial Officer Comptroller to issue the payment warrant.

26  The warrant shall be issued within 7 days after the request.

27         Section 154.  Paragraph (b) of subsection (2) of

28  section 129.201, Florida Statutes, is amended to read:

29         129.201  Budget of supervisor of elections; manner and

30  time of preparation and presentation.--

31         (2)


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  1         (b)  To the extent appropriate, the budget shall be

  2  further itemized in conformance with the Uniform Accounting

  3  System for Local Units of Government in Florida adopted

  4  promulgated by rule of the Chief Financial Officer Comptroller

  5  of the state.

  6         Section 155.  Section 131.05, Florida Statutes, is

  7  amended to read:

  8         131.05  Disposition of proceeds of sale.--In the event

  9  refunding bonds are issued under the provisions of this

10  chapter prior to the date of maturity or option date of the

11  obligations proposed to be refunded, the proceeds of said

12  refunding bonds shall be deposited in a bank or trust company

13  within the state, which depository shall give a surety bond,

14  or other such bonds as are authorized by law to be accepted

15  for securing county and city funds, satisfactory to the

16  Department of Financial Services Banking and Finance for the

17  full amount of money so deposited, and the funds so deposited

18  shall only be withdrawn with the approval of the department,

19  for the purpose of paying the obligations to refund which said

20  bonds were issued.

21         Section 156.  Section 137.09, Florida Statutes, is

22  amended to read:

23         137.09  Justification and approval of bonds.--Each

24  surety upon every bond of any county officer shall make

25  affidavit that he or she is a resident of the county for which

26  the officer is to be commissioned, and that he or she has

27  sufficient visible property therein unencumbered and not

28  exempt from sale under legal process to make good his or her

29  bond.  Every such bond shall be approved by the board of

30  county commissioners and by the Department of Financial

31  Services Banking and Finance when they and it are satisfied in


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  1  their judgment that the same is legal, sufficient, and proper

  2  to be approved.

  3         Section 157.  Section 145.141, Florida Statutes, is

  4  amended to read:

  5         145.141  Deficiency to be paid by board of county

  6  commissioners.--Should any county officer have insufficient

  7  revenue from the income of his or her office, after paying

  8  office personnel and expenses, to pay his or her total annual

  9  salary, the board of county commissioners shall pay any

10  deficiency in salary from the general revenue fund and notify

11  the Department of Financial Services Banking and Finance.  The

12  deficiency shall be listed in the comptroller's annual report

13  of county finances and county fee officers.

14         Section 158.  Subsections (1) and (2) of section

15  154.02, Florida Statutes, are amended to read:

16         154.02  County Health Department Trust Fund.--

17         (1)  To enable counties to provide public health

18  services and maintain public health equipment and facilities,

19  each county in the state with a population exceeding 100,000,

20  according to the last state census, may levy an annual tax not

21  exceeding 0.5 mill; each county in the state with a population

22  exceeding 40,000 and not exceeding 100,000, according to the

23  last state census, may levy an annual tax not exceeding 1

24  mill; and each county in the state with a population not

25  exceeding 40,000, according to the last state census, may levy

26  an annual tax not exceeding 2 mills, on the dollar on all

27  taxable property in such county, the proceeds of which tax, if

28  so contracted with the state, shall be paid to the Chief

29  Financial Officer Treasurer. However, the board of county

30  commissioners may elect to pay in 12 equal monthly

31  installments. Such funds in the hands of the Chief Financial


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  1  Officer Treasurer shall be placed in the county health

  2  department trust funds of the county by which such funds were

  3  raised, and such funds shall be expended by the Department of

  4  Health solely for the purpose of carrying out the intent and

  5  object of the public health contract.

  6         (2)  The Chief Financial Officer Treasurer shall

  7  maintain a full-time County Health Department Trust Fund which

  8  shall contain all state and local funds to be expended by

  9  county health departments.  Such funds shall be expended by

10  the Department of Health solely for the purposes of carrying

11  out the intent and purpose of this part. Federal funds may be

12  deposited in the trust fund.

13         Section 159.  Subsection (1) of section 154.03, Florida

14  Statutes, is amended to read:

15         154.03  Cooperation with Department of Health and

16  United States Government.--

17         (1)  The county commissioners of any county may agree

18  with the Department of Health upon the expenditure by the

19  department in such county of any funds allotted for that

20  purpose by the department or received by it for such purposes

21  from private contributions or other sources, and such funds

22  shall be paid to the Chief Financial Officer Treasurer and

23  shall form a part of the full-time county health department

24  trust fund of such county; and such funds shall be expended by

25  the department solely for the purposes of this chapter.  The

26  department is further authorized to arrange and agree with the

27  United States Government, through its duly authorized

28  officials, for the allocation and expenditure by the United

29  States of funds of the United States in the study of causes of

30  disease and prevention thereof in such full-time county health

31  


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  1  departments when and where established by the department under

  2  this part.

  3         Section 160.  Section 154.05, Florida Statutes, is

  4  amended to read:

  5         154.05  Cooperation and agreements between

  6  counties.--Two or more counties may combine in the

  7  establishment and maintenance of a single full-time county

  8  health department for the counties which combine for that

  9  purpose; and, pursuant to such combination or agreement, such

10  counties may cooperate with one another and the Department of

11  Health and contribute to a joint fund in carrying out the

12  purpose and intent of this chapter.  The duration and nature

13  of such agreement shall be evidenced by resolutions of the

14  boards of county commissioners of such counties and shall be

15  submitted to and approved by the department.  In the event of

16  any such agreement, a full-time county health department shall

17  be established and maintained by the department in and for the

18  benefit of the counties which have entered into such an

19  agreement; and, in such case, the funds raised by taxation

20  pursuant to this chapter by each such county shall be paid to

21  the Chief Financial Officer Treasurer for the account of the

22  department and shall be known as the full-time county health

23  department trust fund of the counties so cooperating. Such

24  trust funds shall be used and expended by the department for

25  the purposes specified in this chapter in each county which

26  has entered into such agreement.  In case such an agreement is

27  entered into between two or more counties, the work

28  contemplated by this chapter shall be done by a single

29  full-time county health department in the counties so

30  cooperating; and the nature, extent, and location of such work

31  shall be under the control and direction of the department.


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  1         Section 161.  Subsection (2) of section 154.06, Florida

  2  Statutes, is amended to read:

  3         154.06  Fees and services rendered; authority.--

  4         (2)  All funds collected under this section shall be

  5  expended solely for the purpose of providing health services

  6  and facilities within the county served by the county health

  7  department. Fees collected by county health departments

  8  pursuant to department rules shall be deposited with the Chief

  9  Financial Officer Treasurer and credited to the County Health

10  Department Trust Fund. Fees collected by the county health

11  department for public health services or personal health

12  services shall be allocated to the state and the county based

13  upon the pro rata share of funding for each such service. The

14  board of county commissioners, if it has so contracted, shall

15  provide for the transmittal of funds collected for its pro

16  rata share of personal health services or primary care

17  services rendered under the provisions of this section to the

18  State Treasury for credit to the County Health Department

19  Trust Fund, but in any event the proceeds from such fees may

20  only be used to fund county health department services.

21         Section 162.  Paragraphs (d) and (e) of subsection (17)

22  of section 154.209, Florida Statutes, are amended to read:

23         154.209  Powers of authority.--The purpose of the

24  authority shall be to assist health facilities in the

25  acquisition, construction, financing, and refinancing of

26  projects in any corporated or unincorporated area within the

27  geographical limits of the local agency.  For this purpose,

28  the authority is authorized and empowered:

29         (17)  To issue special obligation revenue bonds for the

30  purpose of establishing and maintaining the self-insurance

31  pool and to provide reserve funds in connection therewith,


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  1  such bonds to be payable from funds available in the pool from

  2  time to time or from assessments against participating health

  3  facilities for the purpose of providing required contributions

  4  to the fund. With respect to the issuance of such bonds or

  5  notes the following provisions shall apply:

  6         (d)  Any self-insurance pool funded pursuant to this

  7  section shall maintain excess insurance which provides

  8  specific and aggregate limits and a retention level determined

  9  in accordance with sound actuarial principles. The Department

10  of Financial Services Insurance may waive this requirement if

11  the fund demonstrates that its operation is and will be

12  actuarially sound without obtaining excess insurance.

13         (e)  Prior to the issuance of any bonds pursuant to

14  this section for the purpose of acquiring liability coverage

15  contracts from the self-insurance pool, the Department of

16  Financial Services Insurance shall certify that excess

17  liability coverage for the health facility is reasonably

18  unobtainable in the amounts provided by such pool or that the

19  liability coverage obtained through acquiring contracts from

20  the self-insurance pool, after taking into account costs of

21  issuance of bonds and any other administrative fees, is less

22  expensive to the health facility than similar commercial

23  coverage then reasonably available.

24         Section 163.  Section 154.314, Florida Statutes, is

25  amended to read:

26         154.314  Certification of the State of Florida.--

27         (1)  In the event payment for the costs of services

28  rendered by a participating hospital or a regional referral

29  hospital is not received from the responsible county within 90

30  days of receipt of a statement for services rendered to a

31  qualified indigent who is a certified resident of the county,


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  1  or if the payment is disputed and said payment is not received

  2  from the county determined to be responsible within 60 days of

  3  the date of exhaustion of all administrative and legal

  4  remedies, the hospital shall certify to the Chief Financial

  5  Officer Comptroller the amount owed by the county.

  6         (2)  The Chief Financial Officer Comptroller shall have

  7  no longer than 45 days from the date of receiving the

  8  hospital's certified notice to forward the amount delinquent

  9  to the appropriate hospital from any funds due to the county

10  under any revenue-sharing or tax-sharing fund established by

11  the state, except as otherwise provided by the State

12  Constitution.  The Chief Financial Officer Comptroller shall

13  provide the Governor and the fiscal committees in the House of

14  Representatives and the Senate with a quarterly accounting of

15  the amounts certified by hospitals as owed by counties and the

16  amount paid to hospitals out of any revenue or tax sharing

17  funds due to the county.

18         Section 164.  Paragraph (e) of subsection (7) of

19  section 163.01, Florida Statutes, is amended to read:

20         163.01  Florida Interlocal Cooperation Act of 1969.--

21         (7)

22         (e)1.  Notwithstanding the provisions of paragraph (c),

23  any separate legal entity, created pursuant to the provisions

24  of this section and controlled by counties or municipalities

25  of this state, the membership of which consists or is to

26  consist only of public agencies of this state, may, for the

27  purpose of financing acquisition of liability coverage

28  contracts from one or more local government liability pools to

29  provide liability coverage for counties, municipalities, or

30  other public agencies of this state, exercise all powers in

31  connection with the authorization, issuance, and sale of


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  1  bonds. All of the privileges, benefits, powers, and terms of

  2  s. 125.01 relating to counties and s. 166.021 relating to

  3  municipalities shall be fully applicable to such entity and

  4  such entity shall be considered a unit of local government for

  5  all of the privileges, benefits, powers, and terms of part I

  6  of chapter 159.  Bonds issued by such entity shall be deemed

  7  issued on behalf of counties, municipalities, or public

  8  agencies which enter into loan agreements with such entity as

  9  provided in this paragraph. Proceeds of bonds issued by such

10  entity may be loaned to counties, municipalities, or other

11  public agencies of this state, whether or not such counties,

12  municipalities, or other public agencies are also members of

13  the entity issuing the bonds, and such counties,

14  municipalities, or other public agencies may in turn deposit

15  such loan proceeds with a separate local government liability

16  pool for purposes of acquiring liability coverage contracts.

17         2.  Counties or municipalities of this state are

18  authorized pursuant to this section, in addition to the

19  authority provided by s. 125.01, part II of chapter 166, and

20  other applicable law, to issue bonds for the purpose of

21  acquiring liability coverage contracts from a local government

22  liability pool. Any individual county or municipality may, by

23  entering into interlocal agreements with other counties,

24  municipalities, or public agencies of this state, issue bonds

25  on behalf of itself and other counties, municipalities, or

26  other public agencies, for purposes of acquiring a liability

27  coverage contract or contracts from a local government

28  liability pool.  Counties, municipalities, or other public

29  agencies are also authorized to enter into loan agreements

30  with any entity created pursuant to subparagraph 1., or with

31  any county or municipality issuing bonds pursuant to this


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  1  subparagraph, for the purpose of obtaining bond proceeds with

  2  which to acquire liability coverage contracts from a local

  3  government liability pool.  No county, municipality, or other

  4  public agency shall at any time have more than one loan

  5  agreement outstanding for the purpose of obtaining bond

  6  proceeds with which to acquire liability coverage contracts

  7  from a local government liability pool. Obligations of any

  8  county, municipality, or other public agency of this state

  9  pursuant to a loan agreement as described above may be

10  validated as provided in chapter 75.  Prior to the issuance of

11  any bonds pursuant to subparagraph 1. or this subparagraph for

12  the purpose of acquiring liability coverage contracts from a

13  local government liability pool, the reciprocal insurer or the

14  manager of any self-insurance program shall demonstrate to the

15  satisfaction of the Department of Financial Services Insurance

16  that excess liability coverage for counties, municipalities,

17  or other public agencies is reasonably unobtainable in the

18  amounts provided by such pool or that the liability coverage

19  obtained through acquiring contracts from a local government

20  liability pool, after taking into account costs of issuance of

21  bonds and any other administrative fees, is less expensive to

22  counties, municipalities, or special districts than similar

23  commercial coverage then reasonably available.

24         3.  Any entity created pursuant to this section or any

25  county or municipality may also issue bond anticipation notes,

26  as provided by s. 215.431, in connection with the

27  authorization, issuance, and sale of such bonds.  In addition,

28  the governing body of such legal entity or the governing body

29  of such county or municipality may also authorize bonds to be

30  issued and sold from time to time and may delegate, to such

31  officer, official, or agent of such legal entity as the


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  1  governing body of such legal entity may select, the power to

  2  determine the time; manner of sale, public or private;

  3  maturities; rate or rates of interest, which may be fixed or

  4  may vary at such time or times and in accordance with a

  5  specified formula or method of determination; and other terms

  6  and conditions as may be deemed appropriate by the officer,

  7  official, or agent so designated by the governing body of such

  8  legal entity. However, the amounts and maturities of such

  9  bonds and the interest rate or rates of such bonds shall be

10  within the limits prescribed by the governing body of such

11  legal entity and its resolution delegating to such officer,

12  official, or agent the power to authorize the issuance and

13  sale of such bonds.  Any series of bonds issued pursuant to

14  this paragraph shall mature no later than 7 years following

15  the date of issuance thereof.

16         4.  Bonds issued pursuant to subparagraph 1. may be

17  validated as provided in chapter 75.  The complaint in any

18  action to validate such bonds shall be filed only in the

19  Circuit Court for Leon County.  The notice required to be

20  published by s. 75.06 shall be published in Leon County and in

21  each county which is an owner of the entity issuing the bonds,

22  or in which a member of the entity is located, and the

23  complaint and order of the circuit court shall be served only

24  on the State Attorney of the Second Judicial Circuit and on

25  the state attorney of each circuit in each county or

26  municipality which is an owner of the entity issuing the bonds

27  or in which a member of the entity is located.

28         5.  Bonds issued pursuant to subparagraph 2. may be

29  validated as provided in chapter 75. The complaint in any

30  action to validate such bonds shall be filed in the circuit

31  court of the county or municipality which will issue the


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  1  bonds.  The notice required to be published by s. 75.06 shall

  2  be published only in the county where the complaint is filed,

  3  and the complaint and order of the circuit court shall be

  4  served only on the state attorney of the circuit in the county

  5  or municipality which will issue the bonds.

  6         6.  The participation by any county, municipality, or

  7  other public agency of this state in a local government

  8  liability pool shall not be deemed a waiver of immunity to the

  9  extent of liability coverage, nor shall any contract entered

10  regarding such a local government liability pool be required

11  to contain any provision for waiver.

12         Section 165.  Subsections (4), (5), (6), (7), (8), and

13  (9) of section 163.05, Florida Statutes, are amended to read:

14         163.05  Small County Technical Assistance Program.--

15         (4)  The Chief Financial Officer Comptroller shall

16  enter into contracts with program providers who shall:

17         (a)  Be a public agency or private, nonprofit

18  corporation, association, or entity.

19         (b)  Use existing resources, services, and information

20  that are available from state or local agencies, universities,

21  or the private sector.

22         (c)  Seek and accept funding from any public or private

23  source.

24         (d)  Annually submit information to assist the

25  Legislative Committee on Intergovernmental Relations in

26  preparing a performance review that will include an analysis

27  of the effectiveness of the program.

28         (e)  Assist small counties in developing alternative

29  revenue sources.

30         (f)  Provide assistance to small counties in the areas

31  of financial management, accounting, investing, purchasing,


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  1  planning and budgeting, debt issuance, public management,

  2  management systems, computers and information technology, and

  3  public safety management.

  4         (g)  Provide for an annual independent financial audit

  5  of the program.

  6         (h)  In each county served, conduct a needs assessment

  7  upon which the assistance provided for that county will be

  8  designed.

  9         (5)(a)  The Chief Financial Officer Comptroller shall

10  issue a request for proposals to provide assistance to small

11  counties.  At the request of the Chief Financial Officer

12  Comptroller, the Legislative Committee on Intergovernmental

13  Relations shall assist in the preparation of the request for

14  proposals.

15         (b)  The Chief Financial Officer Comptroller shall

16  review each contract proposal submitted.

17         (c)  The Legislative Committee on Intergovernmental

18  Relations shall review each contract proposal and submit to

19  the Chief Financial Officer Comptroller, in writing, advisory

20  comments and recommendations, citing with specificity the

21  reasons for its recommendations.

22         (d)  The Chief Financial Officer Comptroller and the

23  council shall consider the following factors in reviewing

24  contract proposals:

25         1.  The demonstrated capacity of the provider to

26  conduct needs assessments and implement the program as

27  proposed.

28         2.  The number of small counties to be served under the

29  proposal.

30         3.  The cost of the program as specified in a proposed

31  budget.


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  1         4.  The short-term and long-term benefits of the

  2  assistance to small counties.

  3         5.  The form and extent to which existing resources,

  4  services, and information that are available from state and

  5  local agencies, universities, and the private sector will be

  6  used by the provider under the contract.

  7         (6)  A decision of the Chief Financial Officer

  8  Comptroller to award a contract under this section is final

  9  and shall be in writing with a copy provided to the

10  Legislative Committee on Intergovernmental Relations.

11         (7)  The Chief Financial Officer Comptroller may enter

12  into contracts and agreements with other state and local

13  agencies and with any person, association, corporation, or

14  entity other than the program providers, for the purpose of

15  administering this section.

16         (8)  The Chief Financial Officer Comptroller shall

17  provide fiscal oversight to ensure that funds expended for the

18  program are used in accordance with the contracts entered into

19  pursuant to subsection (4).

20         (9)  The Legislative Committee on Intergovernmental

21  Relations shall annually conduct a performance review of the

22  program.  The findings of the review shall be presented in a

23  report submitted to the Governor, the President of the Senate,

24  the Speaker of the House of Representatives, and the Chief

25  Financial Officer Comptroller by January 15 of each year.

26         Section 166.  Subsections (4), (5), (6), (7), (8), and

27  (9) of section 163.055, Florida Statutes, are amended to read:

28         163.055  Local Government Financial Technical

29  Assistance Program.--

30         (4)  The Chief Financial Officer Comptroller shall

31  enter into contracts with program providers who shall:


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  1         (a)  Be a public agency or private, nonprofit

  2  corporation, association, or entity.

  3         (b)  Use existing resources, services, and information

  4  that are available from state or local agencies, universities,

  5  or the private sector.

  6         (c)  Seek and accept funding from any public or private

  7  source.

  8         (d)  Annually submit information to assist the

  9  Legislative Committee on Intergovernmental Relations in

10  preparing a performance review that will include an analysis

11  of the effectiveness of the program.

12         (e)  Assist municipalities and independent special

13  districts in developing alternative revenue sources.

14         (f)  Provide for an annual independent financial audit

15  of the program, if the program receives funding.

16         (g)  Provide assistance to municipalities and special

17  districts in the areas of financial management, accounting,

18  investing, budgeting, and debt issuance.

19         (h)  Develop a needs assessment to determine where

20  assistance should be targeted, and to establish a priority

21  system to deliver assistance to those jurisdictions most in

22  need through the most economical means available.

23         (i)  Provide financial emergency assistance upon

24  direction from the Executive Office of the Governor pursuant

25  to s. 218.503.

26         (5)(a)  The Chief Financial Officer Comptroller shall

27  issue a request for proposals to provide assistance to

28  municipalities and special districts.  At the request of the

29  Chief Financial Officer Comptroller, the Legislative Committee

30  on Intergovernmental Relations shall assist in the preparation

31  of the request for proposals.


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  1         (b)  The Chief Financial Officer Comptroller shall

  2  review each contract proposal submitted.

  3         (c)  The Legislative Committee on Intergovernmental

  4  Relations shall review each contract proposal and submit to

  5  the Chief Financial Officer Comptroller, in writing, advisory

  6  comments and recommendations, citing with specificity the

  7  reasons for its recommendations.

  8         (d)  The Chief Financial Officer Comptroller and the

  9  Legislative Committee on Intergovernmental Relations shall

10  consider the following factors in reviewing contract

11  proposals:

12         1.  The demonstrated capacity of the provider to

13  conduct needs assessments and implement the program as

14  proposed.

15         2.  The number of municipalities and special districts

16  to be served under the proposal.

17         3.  The cost of the program as specified in a proposed

18  budget.

19         4.  The short-term and long-term benefits of the

20  assistance to municipalities and special districts.

21         5.  The form and extent to which existing resources,

22  services, and information that are available from state and

23  local agencies, universities, and the private sector will be

24  used by the provider under the contract.

25         (6)  A decision of the Chief Financial Officer

26  Comptroller to award a contract under this section is final

27  and shall be in writing with a copy provided to the

28  Legislative Committee on Intergovernmental Relations.

29         (7)  The Chief Financial Officer Comptroller may enter

30  into contracts and agreements with other state and local

31  agencies and with any person, association, corporation, or


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  1  entity other than the program providers, for the purpose of

  2  administering this section.

  3         (8)  The Chief Financial Officer Comptroller shall

  4  provide fiscal oversight to ensure that funds expended for the

  5  program are used in accordance with the contracts entered into

  6  pursuant to subsection (4).

  7         (9)  The Legislative Committee on Intergovernmental

  8  Relations shall annually conduct a performance review of the

  9  program.  The findings of the review shall be presented in a

10  report submitted to the Governor, the President of the Senate,

11  the Speaker of the House of Representatives, and the Chief

12  Financial Officer Comptroller by January 15 of each year.

13         Section 167.  Subsection (6) of section 163.3167,

14  Florida Statutes, is amended to read:

15         163.3167  Scope of act.--

16         (6)  When a regional planning agency is required to

17  prepare or amend a comprehensive plan, or element or portion

18  thereof, pursuant to subsections (3) and (4), the regional

19  planning agency and the local government may agree to a method

20  of compensating the regional planning agency for any

21  verifiable, direct costs incurred.  If an agreement is not

22  reached within 6 months after the date the regional planning

23  agency assumes planning responsibilities for the local

24  government pursuant to subsections (3) and (4) or by the time

25  the plan or element, or portion thereof, is completed,

26  whichever is earlier, the regional planning agency shall file

27  invoices for verifiable, direct costs involved with the

28  governing body.  Upon the failure of the local government to

29  pay such invoices within 90 days, the regional planning agency

30  may, upon filing proper vouchers with the Chief Financial

31  Officer State Comptroller, request payment by the Chief


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  1  Financial Officer State Comptroller from unencumbered revenue

  2  or other tax sharing funds due such local government from the

  3  state for work actually performed, and the Chief Financial

  4  Officer State Comptroller shall pay such vouchers; however,

  5  the amount of such payment shall not exceed 50 percent of such

  6  funds due such local government in any one year.

  7         Section 168.  Subsection (1) of section 175.101,

  8  Florida Statutes, is amended to read:

  9         175.101  State excise tax on property insurance

10  premiums authorized; procedure.--For any municipality, special

11  fire control district, chapter plan, local law municipality,

12  local law special fire control district, or local law plan

13  under this chapter:

14         (1)  Each municipality or special fire control district

15  in this state described and classified in s. 175.041, having a

16  lawfully established firefighters' pension trust fund or

17  municipal fund or special fire control district fund, by

18  whatever name known, providing pension benefits to

19  firefighters as provided under this chapter, may assess and

20  impose on every insurance company, corporation, or other

21  insurer now engaged in or carrying on, or who shall

22  hereinafter engage in or carry on, the business of property

23  insurance as shown by the records of the Department of

24  Financial Services Insurance an excise tax in addition to any

25  lawful license or excise tax now levied by each of the

26  municipalities or special fire control districts,

27  respectively, amounting to 1.85 percent of the gross amount of

28  receipts of premiums from policyholders on all premiums

29  collected on property insurance policies covering property

30  within the corporate limits of such municipalities or within

31  the legally defined boundaries of special fire control


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  1  districts, respectively.  Whenever the boundaries of a special

  2  fire control district that has lawfully established a

  3  firefighters' pension trust fund encompass a portion of the

  4  corporate territory of a municipality that has also lawfully

  5  established a firefighters' pension trust fund, that portion

  6  of the tax receipts attributable to insurance policies

  7  covering property situated both within the municipality and

  8  the special fire control district shall be given to the fire

  9  service provider. The agent shall identify the fire service

10  provider on the property owner's application for insurance.

11  Remaining revenues collected pursuant to this chapter shall be

12  distributed to the municipality or special fire control

13  district according to the location of the insured property.

14         Section 169.  Subsection (2) of section 175.121,

15  Florida Statutes, is amended to read:

16         175.121  Department of Revenue and Division of

17  Retirement to keep accounts of deposits; disbursements.--For

18  any municipality or special fire control district having a

19  chapter or local law plan established pursuant to this

20  chapter:

21         (2)  The Chief Financial Officer Comptroller shall, on

22  or before July 1 of each year, and at such other times as

23  authorized by the division, draw his or her warrants on the

24  full net amount of money then on deposit in the Police and

25  Firefighters' Premium Tax Trust Fund pursuant to this chapter,

26  specifying the municipalities and special fire control

27  districts to which the moneys must be paid and the net amount

28  collected for and to be paid to each municipality or special

29  fire control district, respectively, subject to the limitation

30  on disbursement under s. 175.122. The sum payable to each

31  municipality or special fire control district is appropriated


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  1  annually out of the Police and Firefighters' Premium Tax Trust

  2  Fund. The warrants of the Chief Financial Officer Comptroller

  3  shall be payable to the respective municipalities and special

  4  fire control districts entitled to receive them and shall be

  5  remitted annually by the division to the respective

  6  municipalities and special fire control districts.  In lieu

  7  thereof, the municipality or special fire control district may

  8  provide authorization to the division for the direct payment

  9  of the premium tax to the board of trustees. In order for a

10  municipality or special fire control district and its pension

11  fund to participate in the distribution of premium tax moneys

12  under this chapter, all the provisions shall be complied with

13  annually, including state acceptance pursuant to part VII of

14  chapter 112.

15         Section 170.  Section 175.151, Florida Statutes, is

16  amended to read:

17         175.151  Penalty for failure of insurers to comply with

18  this act.--If Should any insurance company, corporation or

19  other insurer fails fail to comply with the provisions of this

20  act, on or before March 1 of each year as herein provided, the

21  certificate of authority issued to said insurance company,

22  corporation or other insurer to transact business in this

23  state may be canceled and revoked by the Department of

24  Financial Services Insurance, and it is unlawful for any such

25  insurance company, corporation, or other insurer to transact

26  business thereafter in this state unless such insurance

27  company, corporation, or other insurer shall be granted a new

28  certificate of authority to transact any business in this

29  state, in compliance with provisions of law authorizing such

30  certificate of authority to be issued. The division is

31  


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  1  responsible for notifying the Department of Financial Services

  2  Insurance regarding any such failure to comply.

  3         Section 171.  Subsection (1) of section 185.08, Florida

  4  Statutes, is amended to read:

  5         185.08  State excise tax on casualty insurance premiums

  6  authorized; procedure.--For any municipality, chapter plan,

  7  local law municipality, or local law plan under this chapter:

  8         (1)  Each incorporated municipality in this state

  9  described and classified in s. 185.03, as well as each other

10  city or town of this state which on July 31, 1953, had a

11  lawfully established municipal police officers' retirement

12  trust fund or city fund, by whatever name known, providing

13  pension or relief benefits to police officers as provided

14  under this chapter, may assess and impose on every insurance

15  company, corporation, or other insurer now engaged in or

16  carrying on, or who shall hereafter engage in or carry on, the

17  business of casualty insurance as shown by records of the

18  Department of Financial Services Insurance, an excise tax in

19  addition to any lawful license or excise tax now levied by

20  each of the said municipalities, respectively, amounting to

21  .85 percent of the gross amount of receipts of premiums from

22  policyholders on all premiums collected on casualty insurance

23  policies covering property within the corporate limits of such

24  municipalities, respectively.

25         Section 172.  Subsection (2) of section 185.10, Florida

26  Statutes, is amended to read:

27         185.10  Department of Revenue and Division of

28  Retirement to keep accounts of deposits; disbursements.--For

29  any municipality having a chapter plan or local law plan under

30  this chapter:

31  


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  1         (2)  The Chief Financial Officer Comptroller shall, on

  2  or before July 1 of each year, and at such other times as

  3  authorized by the division, draw his or her warrants on the

  4  full net amount of money then on deposit pursuant to this

  5  chapter in the Police and Firefighters' Premium Tax Trust

  6  Fund, specifying the municipalities to which the moneys must

  7  be paid and the net amount collected for and to be paid to

  8  each municipality, respectively. The sum payable to each

  9  municipality is appropriated annually out of the Police and

10  Firefighters' Premium Tax Trust Fund.  The warrants of the

11  Chief Financial Officer Comptroller shall be payable to the

12  respective municipalities entitled to receive them and shall

13  be remitted annually by the division to the respective

14  municipalities. In lieu thereof, the municipality may provide

15  authorization to the division for the direct payment of the

16  premium tax to the board of trustees.  In order for a

17  municipality and its retirement fund to participate in the

18  distribution of premium tax moneys under this chapter, all the

19  provisions shall be complied with annually, including state

20  acceptance pursuant to part VII of chapter 112.

21         Section 173.  Section 185.13, Florida Statutes, is

22  amended to read:

23         185.13  Failure of insurer to comply with chapter;

24  penalty.--If Should any insurance company, corporation or

25  other insurer fails fail to comply with the provisions of this

26  chapter, on or before March 1 in each year as herein provided,

27  the certificate of authority issued to said insurance company,

28  corporation or other insurer to transact business in this

29  state may be canceled and revoked by the Department of

30  Financial Services Insurance, and it is unlawful for any such

31  insurance company, corporation or other insurer to transact


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  1  any business thereafter in this state unless such insurance

  2  company, corporation or other insurer shall be granted a new

  3  certificate of authority to transact business in this state,

  4  in compliance with provisions of law authorizing such

  5  certificate of authority to be issued. The division shall be

  6  responsible for notifying the Department of Financial Services

  7  Insurance regarding any such failure to comply.

  8         Section 174.  Subsections (2), (3), and (5) of section

  9  189.4035, Florida Statutes, are amended to read:

10         189.4035  Preparation of official list of special

11  districts.--

12         (2)  The official list shall be produced by the

13  department after the department has notified each special

14  district that is currently reporting to the department, the

15  Department of Financial Services Banking and Finance pursuant

16  to s. 218.32, or the Auditor General pursuant to s. 218.39.

17  Upon notification, each special district shall submit, within

18  60 days, its determination of its status.  The determination

19  submitted by a special district shall be consistent with the

20  status reported in the most recent local government audit of

21  district activities submitted to the Auditor General pursuant

22  to s. 218.39.

23         (3)  The Department of Financial Services Banking and

24  Finance shall provide the department with a list of dependent

25  special districts reporting pursuant to s. 218.32 for

26  inclusion on the official list of special districts.

27         (5)  The official list of special districts shall be

28  distributed by the department on October 1 of each year to the

29  President of the Senate, the Speaker of the House of

30  Representatives, the Auditor General, the Department of

31  Revenue, the Department of Financial Services Banking and


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  1  Finance, the Department of Management Services, the State

  2  Board of Administration, counties, municipalities, county

  3  property appraisers, tax collectors, and supervisors of

  4  elections and to all interested parties who request the list.

  5         Section 175.  Subsection (1) of section 189.412,

  6  Florida Statutes, is amended to read:

  7         189.412  Special District Information Program; duties

  8  and responsibilities.--The Special District Information

  9  Program of the Department of Community Affairs is created and

10  has the following special duties:

11         (1)  The collection and maintenance of special district

12  compliance status reports from the Auditor General, the

13  Department of Financial Services Banking and Finance, the

14  Division of Bond Finance of the State Board of Administration,

15  the Department of Management Services, the Department of

16  Revenue, and the Commission on Ethics for the reporting

17  required in ss. 112.3144, 112.3145, 112.3148, 112.3149,

18  112.63, 200.068, 218.32, 218.34, 218.38, 218.39, and 280.17

19  and chapter 121 and from state agencies administering programs

20  that distribute money to special districts. The special

21  district compliance status reports must consist of a list of

22  special districts used in that state agency and a list of

23  which special districts did not comply with the reporting

24  statutorily required by that agency.

25         Section 176.  Section 189.427, Florida Statutes, is

26  amended to read:

27         189.427  Fee schedule; Operating Trust Fund.--The

28  Department of Community Affairs, by rule, shall establish a

29  schedule of fees to pay one-half of the costs incurred by the

30  department in administering this act, except that the fee may

31  not exceed $175 per district per year. The fees collected


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  1  under this section shall be deposited in the Operating Trust

  2  Fund, which shall be administered by the Department of

  3  Community Affairs. Any fee rule must consider factors such as

  4  the dependent and independent status of the district and

  5  district revenues for the most recent fiscal year as reported

  6  to the Department of Financial Services Banking and Finance.

  7  The department may assess fines of not more than $25, with an

  8  aggregate total not to exceed $50, as penalties against

  9  special districts that fail to remit required fees to the

10  department. It is the intent of the Legislature that general

11  revenue funds will be made available to the department to pay

12  one-half of the cost of administering this act.

13         Section 177.  Subsection (3) of section 190.007,

14  Florida Statutes, is amended to read:

15         190.007  Board of supervisors; general duties.--

16         (3)  The board is authorized to select as a depository

17  for its funds any qualified public depository as defined in s.

18  280.02 which meets all the requirements of chapter 280 and has

19  been designated by the Chief Financial Officer Treasurer as a

20  qualified public depository, upon such terms and conditions as

21  to the payment of interest by such depository upon the funds

22  so deposited as the board may deem just and reasonable.

23         Section 178.  Subsection (16) of section 191.006,

24  Florida Statutes, is amended to read:

25         191.006  General powers.--The district shall have, and

26  the board may exercise by majority vote, the following powers:

27         (16)  To select as a depository for its funds any

28  qualified public depository as defined in s. 280.02 which

29  meets all the requirements of chapter 280 and has been

30  designated by the Chief Financial Officer State Treasurer as a

31  qualified public depository, upon such terms and conditions as


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  1  to the payment of interest upon the funds deposited as the

  2  board deems just and reasonable.

  3         Section 179.  Subsection (4) of section 192.091,

  4  Florida Statutes, is amended to read:

  5         192.091  Commissions of property appraisers and tax

  6  collectors.--

  7         (4)  The commissions for collecting taxes assessed for

  8  or levied by the state shall be audited, and allowed, by the

  9  Comptroller and shall be paid by the Chief Financial Officer

10  Treasurer as other Comptroller's warrants are paid; and

11  commissions for collecting the county taxes shall be audited

12  and paid by the boards of county commissioners of the several

13  counties of this state.  The commissions for collecting all

14  special school district taxes shall be audited by the school

15  board of each respective district and taken out of the funds

16  of the respective special school district under its control

17  and allowed and paid to the tax collectors for collecting such

18  taxes; and the commissions for collecting all other district

19  taxes, whether special or not, shall be audited and paid by

20  the governing board or commission having charge of the

21  financial obligations of such district.  All commissions for

22  collecting special tax district taxes shall be paid at the

23  time and in the manner now, or as may hereafter be, provided

24  for the payment of the commissions for the collection of

25  county taxes.  All amounts paid as compensation to any tax

26  collector under the provisions of this or any other law shall

27  be a part of the general income or compensation of such

28  officer for the year in which received, and nothing contained

29  in this section shall be held or construed to affect or

30  increase the maximum salary as now provided by law for any

31  such officer.


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  1         Section 180.  Subsection (3) of section 192.102,

  2  Florida Statutes, is amended to read:

  3         192.102  Payment of property appraisers' and

  4  collectors' commissions.--

  5         (3)  The Chief Financial Officer Comptroller of the

  6  state shall issue to each of the county property appraisers

  7  and collectors of taxes, on the first Monday of January,

  8  April, July, and October, on demand of such county property

  9  appraisers and collectors of taxes after approval by the

10  Department of Revenue, and shall pay, his or her warrant,

11  which shall be paid by the Treasurer of the state, for an

12  amount equal to one-fourth of four-fifths of the total amount

13  of commissions received by such county property appraisers and

14  collectors of taxes or their predecessors in office from the

15  state during and for the preceding year, and the balance of

16  the commissions earned by such county property appraiser and

17  collector of taxes, respectively, during each year, over and

18  above the amount of such installment payments herein provided

19  for, shall be payable when a report of errors and double

20  assessments is approved by the county commissioners and a copy

21  thereof filed with the Department of Revenue.

22         Section 181.  Subsection (1) of section 193.092,

23  Florida Statutes, is amended to read:

24         193.092  Assessment of property for back taxes.--

25         (1)  When it shall appear that any ad valorem tax might

26  have been lawfully assessed or collected upon any property in

27  the state, but that such tax was not lawfully assessed or

28  levied, and has not been collected for any year within a

29  period of 3 years next preceding the year in which it is

30  ascertained that such tax has not been assessed, or levied, or

31  collected, then the officers authorized shall make the


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  1  assessment of taxes upon such property in addition to the

  2  assessment of such property for the current year, and shall

  3  assess the same separately for such property as may have

  4  escaped taxation at and upon the basis of valuation applied to

  5  such property for the year or years in which it escaped

  6  taxation, noting distinctly the year when such property

  7  escaped taxation and such assessment shall have the same force

  8  and effect as it would have had if it had been made in the

  9  year in which the property shall have escaped taxation, and

10  taxes shall be levied and collected thereon in like manner and

11  together with taxes for the current year in which the

12  assessment is made.  But no property shall be assessed for

13  more than 3 years' arrears of taxation, and all property so

14  escaping taxation shall be subject to such taxation to be

15  assessed in whomsoever's hands or possession the same may be

16  found; provided, that the county property appraiser shall not

17  assess any lot or parcel of land certified or sold to the

18  state for any previous years unless such lot or parcel of

19  lands so certified or sold shall be included in the list

20  furnished by the Chief Financial Officer Comptroller to the

21  county property appraiser as provided by law; provided, if

22  real or personal property be assessed for taxes, and because

23  of litigation delay ensues and the assessment be held invalid

24  the taxing authorities, may reassess such property within the

25  time herein provided after the termination of such litigation;

26  provided further, that personal property acquired in good

27  faith by purchase shall not be subject to assessment for taxes

28  for any time prior to the time of such purchase, but the

29  individual or corporation liable for any such assessment shall

30  continue personally liable for same.

31  


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  1         Section 182.  Section 195.101, Florida Statutes, is

  2  amended to read:

  3         195.101  Withholding of state funds.--

  4         (1)  The Department of Revenue is hereby directed to

  5  determine each year whether the several counties of this state

  6  are assessing the real and tangible personal property within

  7  their jurisdiction in accordance with law.  If the Department

  8  of Revenue determines that any county is assessing property at

  9  less than that prescribed by law, the Chief Financial Officer

10  Comptroller shall withhold from such county a portion of any

11  state funds to which the county may be entitled equal to the

12  difference of the amount assessed and the amount required to

13  be assessed by law.

14         (2)  The Department of Revenue is hereby directed to

15  determine each year whether the several municipalities of this

16  state are assessing the real and tangible personal property

17  within their jurisdiction in accordance with law.  If the

18  Department of Revenue determines that any municipality is

19  assessing property at less than that prescribed by law, the

20  Chief Financial Officer Comptroller shall withhold from such

21  municipality a portion of any state funds to which that

22  municipality may be entitled equal to the difference of the

23  amount assessed and the amount required to be assessed by law.

24         Section 183.  Subsection (1) of section 198.29, Florida

25  Statutes, is amended to read:

26         198.29  Refunds of excess tax paid.--

27         (1)  Whenever it appears, upon the examination of any

28  return made under this chapter or upon proof submitted to the

29  department by the personal representative, that an amount of

30  estate tax has been paid in excess of the tax legally due

31  under this chapter, the amount of such overpayment, together


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  1  with any overpayment of interest thereon shall be refunded to

  2  the personal representative and paid by upon the warrant of

  3  the Chief Financial Officer Comptroller, drawn upon the

  4  Treasurer who shall honor and pay the same; such refund shall

  5  be made by the department as a matter of course regardless of

  6  whether or not the personal representative has filed a written

  7  claim therefor, except that upon request of the department,

  8  the personal representative shall file with the department a

  9  conformed copy of any written claim for refund of federal

10  estate tax which has theretofore been filed with the United

11  States.

12         Section 184.  Paragraph (a) of subsection (7) of

13  section 199.232, Florida Statutes, is amended to read:

14         199.232  Powers of department.--

15         (7)(a)  If it appears, upon examination of an

16  intangible tax return made under this chapter or upon proof

17  submitted to the department by the taxpayer, that an amount of

18  intangible personal property tax has been paid in excess of

19  the amount due, the department shall refund the amount of the

20  overpayment to the taxpayer by a warrant of the Chief

21  Financial Officer Comptroller, drawn upon the Treasurer. The

22  department shall refund the overpayment without regard to

23  whether the taxpayer has filed a written claim for a refund;

24  however, the department may request that the taxpayer file a

25  statement affirming that the taxpayer made the overpayment.

26         Section 185.  Paragraph (a) of subsection (1) of

27  section 203.01, Florida Statutes, is amended to read:

28         203.01  Tax on gross receipts for utility and

29  communications services.--

30         (1)(a)1.  Every person that receives payment for any

31  utility service shall report by the last day of each month to


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  1  the Department of Revenue, under oath of the secretary or some

  2  other officer of such person, the total amount of gross

  3  receipts derived from business done within this state, or

  4  between points within this state, for the preceding month and,

  5  at the same time, shall pay into the State Treasury an amount

  6  equal to a percentage of such gross receipts at the rate set

  7  forth in paragraph (b).  Such collections shall be certified

  8  by the Chief Financial Officer Comptroller upon the request of

  9  the State Board of Education.

10         2.  A tax is levied on communications services as

11  defined in s. 202.11(3). Such tax shall be applied to the same

12  services and transactions as are subject to taxation under

13  chapter 202, and to communications services that are subject

14  to the exemption provided in s. 202.125(1). Such tax shall be

15  applied to the sales price of communications services when

16  sold at retail and to the actual cost of operating substitute

17  communications systems, as such terms are defined in s.

18  202.11, shall be due and payable at the same time as the taxes

19  imposed pursuant to chapter 202, and shall be administered and

20  collected pursuant to the provisions of chapter 202.

21         Section 186.  Subsection (1) of section 206.46, Florida

22  Statutes, is amended to read:

23         206.46  State Transportation Trust Fund.--

24         (1)  All moneys in the State Transportation Trust Fund,

25  which is hereby created, shall be used for transportation

26  purposes, as provided by law, under the direction of the

27  Department of Transportation, which department may from time

28  to time make requisition on the Chief Financial Officer

29  Comptroller for such funds.  Moneys from such fund shall be

30  drawn by the Chief Financial Officer Comptroller by warrant

31  upon the State Treasury pursuant to vouchers and shall be paid


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  1  in like manner as other state warrants are paid out of the

  2  appropriated fund against which the warrants are drawn.  All

  3  sums of money necessary to provide for the payment of the

  4  warrants by the Chief Financial Officer Comptroller drawn upon

  5  such fund are appropriated annually out of the fund for the

  6  purpose of making such payments from time to time.

  7         Section 187.  Subsection (4) of section 210.16, Florida

  8  Statutes, is amended to read:

  9         210.16  Revocation or suspension of permit.--

10         (4)  In lieu of the suspension or revocation of

11  permits, the division may impose civil penalties against

12  holders of permits for violations of this part or rules and

13  regulations relating thereto.  No civil penalty so imposed

14  shall exceed $1,000 for each offense, and all amounts

15  collected shall be deposited with the Chief Financial Officer

16  State Treasurer to the credit of the General Revenue Fund.  If

17  the holder of the permit fails to pay the civil penalty, his

18  or her permit shall be suspended for such period of time as

19  the division may specify.

20         Section 188.  Subsection (2) of section 210.20, Florida

21  Statutes, is amended to read:

22         210.20  Employees and assistants; distribution of

23  funds.--

24         (2)  As collections are received by the division from

25  such cigarette taxes, it shall pay the same into a trust fund

26  in the State Treasury designated "Cigarette Tax Collection

27  Trust Fund" which shall be paid and distributed as follows:

28         (a)  The division shall from month to month certify to

29  the Chief Financial Officer Comptroller the amount derived

30  from the cigarette tax imposed by s. 210.02, less the service

31  charges provided for in s. 215.20 and less 0.9 percent of the


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  1  amount derived from the cigarette tax imposed by s. 210.02,

  2  which shall be deposited into the Alcoholic Beverage and

  3  Tobacco Trust Fund, specifying the amounts to be transferred

  4  from the Cigarette Tax Collection Trust Fund and credited on

  5  the basis of 2.9 percent of the net collections to the Revenue

  6  Sharing Trust Fund for Counties and 29.3 percent of the net

  7  collections for the funding of indigent health care to the

  8  Public Medical Assistance Trust Fund.

  9         (b)  Beginning January 1, 1999, and continuing for 10

10  years thereafter, the division shall from month to month

11  certify to the Chief Financial Officer Comptroller the amount

12  derived from the cigarette tax imposed by s. 210.02, less the

13  service charges provided for in s. 215.20 and less 0.9 percent

14  of the amount derived from the cigarette tax imposed by s.

15  210.02 which shall be deposited into the Alcoholic Beverage

16  and Tobacco Trust Fund, specifying an amount equal to 2.59

17  percent of the net collections, and that amount shall be paid

18  to the Board of Directors of the H. Lee Moffitt Cancer Center

19  and Research Institute, established under s. 240.512, by

20  warrant drawn by the Chief Financial Officer Comptroller upon

21  the State Treasury. These funds are hereby appropriated

22  monthly out of the Cigarette Tax Collection Trust Fund, to be

23  used for the purpose of constructing, furnishing, and

24  equipping a cancer research facility at the University of

25  South Florida adjacent to the H. Lee Moffitt Cancer Center and

26  Research Institute.  In fiscal years 1999-2000 and thereafter

27  with the exception of fiscal year 2008-2009, the appropriation

28  to the H. Lee Moffitt Cancer Center and Research Institute

29  authorized by this paragraph shall not be less than the amount

30  which would have been paid to the H. Lee Moffitt Cancer Center

31  and Research Institute for fiscal year 1998-1999 had payments


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  1  been made for the entire fiscal year rather than for a 6-month

  2  period thereof.

  3         Section 189.  Subsection (4) of section 210.50, Florida

  4  Statutes, is amended to read:

  5         210.50  Revocation or suspension of license.--

  6         (4)  In lieu of the suspension or revocation of

  7  licenses, the division may impose civil penalties against

  8  holders of licenses for violations of this part or rules

  9  relating thereto. No civil penalty so imposed shall exceed

10  $1,000 for each offense, and all amounts collected shall be

11  deposited with the Chief Financial Officer State Treasurer to

12  the credit of the General Revenue Fund.  If the holder of the

13  license fails to pay the civil penalty, his or her license

14  shall be suspended for such period of time as the division may

15  specify.

16         Section 190.  Subsection (1) of section 211.06, Florida

17  Statutes, is amended to read:

18         211.06  Oil and Gas Tax Trust Fund; distribution of tax

19  proceeds.--All taxes, interest, and penalties imposed under

20  this part shall be collected by the department and placed in a

21  special fund designated the "Oil and Gas Tax Trust Fund."

22         (1)  There is hereby annually appropriated a sufficient

23  amount from the Oil and Gas Tax Trust Fund for the Chief

24  Financial Officer Comptroller to refund any overpayments that

25  which have been properly approved.

26         Section 191.  Paragraph (d) of subsection (1) of

27  section 211.32, Florida Statutes, is amended to read:

28         211.32  Tax on solid minerals; Land Reclamation Trust

29  Fund; refund for restoration and reclamation.--

30         (1)

31  


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  1         (d)  The Chief Financial Officer Comptroller shall,

  2  upon written verification of compliance with paragraph (a),

  3  paragraph (b), or paragraph (c) by the Department of

  4  Environmental Protection, and upon verification of the cost of

  5  the restoration and reclamation program or, if paragraph (c)

  6  is elected, the fair market value of the land, grant refunds,

  7  to be paid from the Land Reclamation Trust Fund, of the taxes

  8  paid under this part, in an amount equal to 100 percent of the

  9  costs incurred in complying with paragraph (a) or paragraph

10  (b), or 100 percent of the fair market value of the land

11  transferred in complying with paragraph (c), subject to the

12  following limitations:

13         1.  A taxpayer shall not be entitled to refunds in

14  excess of the amount of taxes paid by the taxpayer under this

15  part which are deposited in the Land Reclamation Trust Fund.

16         2.  A taxpayer shall not be entitled to the payment of

17  a refund for costs incurred in connection with a particular

18  restoration and reclamation program unless and until the

19  taxpayer is accomplishing the program in reasonable compliance

20  with the criteria established by the Department of

21  Environmental Protection.

22         Section 192.  Paragraph (m) of subsection (5) of

23  section 212.08, Florida Statutes, is amended to read:

24         212.08  Sales, rental, use, consumption, distribution,

25  and storage tax; specified exemptions.--The sale at retail,

26  the rental, the use, the consumption, the distribution, and

27  the storage to be used or consumed in this state of the

28  following are hereby specifically exempt from the tax imposed

29  by this chapter.

30         (5)  EXEMPTIONS; ACCOUNT OF USE.--

31  


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  1         (m)  Educational materials purchased by certain child

  2  care facilities.--Educational materials, such as glue, paper,

  3  paints, crayons, unique craft items, scissors, books, and

  4  educational toys, purchased by a child care facility that

  5  meets the standards delineated in s. 402.305, is licensed

  6  under s. 402.308, holds a current Gold Seal Quality Care

  7  designation pursuant to s. 402.281, and provides basic health

  8  insurance to all employees are exempt from the taxes imposed

  9  by this chapter. For purposes of this paragraph, the term

10  "basic health insurance" shall be defined and promulgated in

11  rules developed jointly by the Department of Children and

12  Family Services, the Agency for Health Care Administration,

13  and the Department of Financial Services Insurance.

14         Section 193.  Paragraph (c) of subsection (6) of

15  section 212.12, Florida Statutes, is amended to read:

16         212.12  Dealer's credit for collecting tax; penalties

17  for noncompliance; powers of Department of Revenue in dealing

18  with delinquents; brackets applicable to taxable transactions;

19  records required.--

20         (6)

21         (c)1.  If the records of a dealer are adequate but

22  voluminous in nature and substance, the department may sample

23  such records, except for fixed assets, and project the audit

24  findings derived therefrom over the entire audit period to

25  determine the proportion that taxable retail sales bear to

26  total retail sales or the proportion that taxable purchases

27  bear to total purchases. In order to conduct such a sample,

28  the department must first make a good faith effort to reach an

29  agreement with the dealer, which agreement provides for the

30  means and methods to be used in the sampling process.  In the

31  


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  1  event that no agreement is reached, the dealer is entitled to

  2  a review by the executive director.

  3         2.  For the purposes of sampling pursuant to

  4  subparagraph 1., the department shall project any deficiencies

  5  and overpayments derived therefrom over the entire audit

  6  period. In determining the dealer's compliance, the department

  7  shall reduce any tax deficiency as derived from the sample by

  8  the amount of any overpayment derived from the sample. In the

  9  event the department determines from the sample results that

10  the dealer has a net tax overpayment, the department shall

11  provide the findings of this overpayment to the Chief

12  Financial Officer Comptroller for repayment of funds paid into

13  the State Treasury through error pursuant to s. 215.26.

14         Section 194.  Subsection (1) of section 212.20, Florida

15  Statutes, is amended to read:

16         212.20  Funds collected, disposition; additional powers

17  of department; operational expense; refund of taxes

18  adjudicated unconstitutionally collected.--

19         (1)  The department shall pay over to the Chief

20  Financial Officer Treasurer of the state all funds received

21  and collected by it under the provisions of this chapter, to

22  be credited to the account of the General Revenue Fund of the

23  state.

24         Section 195.  Subsections (4) and (6), paragraph (e) of

25  subsection (7) and subsection (13) of section 213.053, Florida

26  Statutes, are amended to read:

27         213.053  Confidentiality and information sharing.--

28         (4)  Nothing contained in this section shall prevent

29  the department from publishing statistics so classified as to

30  prevent the identification of particular accounts, reports,

31  declarations, or returns or prevent the department from


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  1  disclosing to the Chief Financial Officer Comptroller the

  2  names and addresses of those taxpayers who have claimed an

  3  exemption pursuant to s. 199.185(1)(i) or a deduction pursuant

  4  to s. 220.63(5).

  5         (6)  Any information received by the Department of

  6  Revenue in connection with the administration of taxes,

  7  including, but not limited to, information contained in

  8  returns, reports, accounts, or declarations filed by persons

  9  subject to tax, shall be made available by the department to

10  the Auditor General or his or her authorized agent, the

11  director of the Office of Program Policy Analysis and

12  Government Accountability or his or her authorized agent, the

13  Chief Financial Officer Comptroller or his or her authorized

14  agent, the Insurance Commissioner or his or her authorized

15  agent, the Treasurer or his or her authorized agent, or a

16  property appraiser or tax collector or their authorized agents

17  pursuant to s. 195.084(1), in the performance of their

18  official duties, or to designated employees of the Department

19  of Education solely for determination of each school

20  district's price level index pursuant to s. 236.081(2);

21  however, no information shall be disclosed to the Auditor

22  General or his or her authorized agent, the director of the

23  Office of Program Policy Analysis and Government

24  Accountability or his or her authorized agent, the Chief

25  Financial Officer Comptroller or his or her authorized agent,

26  the Insurance Commissioner or his or her authorized agent, the

27  Treasurer or his or her authorized agent, or to a property

28  appraiser or tax collector or their authorized agents, or to

29  designated employees of the Department of Education if such

30  disclosure is prohibited by federal law.  The Auditor General

31  or his or her authorized agent, the director of the Office of


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  1  Program Policy Analysis and Government Accountability or his

  2  or her authorized agent, the Chief Financial Officer

  3  Comptroller or his or her authorized agent, the Treasurer or

  4  his or her authorized agent, and the property appraiser or tax

  5  collector and their authorized agents, or designated employees

  6  of the Department of Education shall be subject to the same

  7  requirements of confidentiality and the same penalties for

  8  violation of the requirements as the department.  For the

  9  purpose of this subsection, "designated employees of the

10  Department of Education" means only those employees directly

11  responsible for calculation of price level indices pursuant to

12  s. 236.081(2).  It does not include the supervisors of such

13  employees or any other employees or elected officials within

14  the Department of Education.

15         (7)  Notwithstanding any other provision of this

16  section, the department may provide:

17         (e)  Names, addresses, taxpayer identification numbers,

18  and outstanding tax liabilities to the Department of the

19  Lottery and the Department of Financial Services Banking and

20  Finance in the conduct of their official duties.

21         (13)  Notwithstanding the provisions of s. 896.102(2),

22  the department may allow full access to the information and

23  documents required to be filed with it under s. 896.102(1) to

24  federal, state, and local law enforcement and prosecutorial

25  agencies, and to the Department of Financial Services Banking

26  and Finance, and any of those agencies may use the information

27  and documents in any civil or criminal investigation and in

28  any court proceedings.

29         Section 196.  Section 213.054, Florida Statutes, is

30  amended to read:

31  


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  1         213.054  Persons claiming tax exemptions or deductions;

  2  annual report.--The Department of Revenue shall be responsible

  3  for monitoring the utilization of tax exemptions and tax

  4  deductions authorized pursuant to chapter 81-179, Laws of

  5  Florida.  On or before September 1 of each year, the

  6  department shall report to the Chief Financial Officer

  7  Comptroller the names and addresses of all persons who have

  8  claimed an exemption pursuant to s. 199.185(1)(i) or a

  9  deduction pursuant to s. 220.63(5).

10         Section 197.  Subsection (6) of section 213.255,

11  Florida Statutes, is amended to read:

12         213.255  Interest.--Interest shall be paid on

13  overpayments of taxes, payment of taxes not due, or taxes paid

14  in error, subject to the following conditions:

15         (6)  Interest shall be paid until a date determined by

16  the department which shall be no more than 7 days prior to the

17  date of the issuance of the refund warrant by the Chief

18  Financial Officer Comptroller.

19         Section 198.  Subsection (9) of section 213.67, Florida

20  Statutes, is amended to read:

21         213.67  Garnishment.--

22         (9)  The department shall provide notice to the Chief

23  Financial Officer Comptroller, in electronic or other form

24  specified by the Chief Financial Officer Comptroller, listing

25  the taxpayers for which tax warrants are outstanding. Pursuant

26  to subsection (1), the Chief Financial Officer Comptroller

27  shall, upon notice from the department, withhold all payments

28  to any person or business, as defined in s. 212.02, which

29  provides commodities or services to the state, leases real

30  property to the state, or constructs a public building or

31  public work for the state. The department may levy upon the


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  1  withheld payments in accordance with subsection (3). The

  2  provisions of s. 215.422 do not apply from the date the notice

  3  is filed with the Chief Financial Officer Comptroller until

  4  the date the department notifies the Chief Financial Officer

  5  Comptroller of its consent to make payment to the person or 60

  6  days after receipt of the department's notice in accordance

  7  with subsection (1), whichever occurs earlier.

  8         Section 199.  Subsection (4) of section 213.75, Florida

  9  Statutes, is amended to read:

10         213.75  Application of payments.--

11         (4)  Any surplus proceeds remaining after the

12  application of subsection (3) shall, upon application and

13  satisfactory proof thereof, be refunded by the Chief Financial

14  Officer Comptroller to the person or persons legally entitled

15  thereto pursuant to s. 215.26.

16         Section 200.  Section 215.02, Florida Statutes, is

17  amended to read:

18         215.02  Manner of paying money into the

19  Treasury.--Whenever any officer of this state or other person

20  desires to pay any money into the Treasury of the state on

21  account of his or her indebtedness to the state, the person

22  shall first go into the Department of Financial Services

23  Banking and Finance, and there ascertain from the department's

24  books the amount of his or her indebtedness to the state, and

25  thereupon the department shall give that person a memorandum

26  or certificate of the amount of such indebtedness, and on what

27  account.  Second, the person shall take said certificate with

28  him or her to the Department of Insurance and deliver the same

29  and pay over to the Chief Financial Officer Insurance

30  Commissioner and Treasurer the amount ascertained called for

31  in said certificate.  Third, The Chief Financial Officer


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  1  Insurance Commissioner and Treasurer shall receive the money,

  2  make a proper entry thereof, file the certificate of the

  3  Department of Banking and Finance, and give a certificate to

  4  the party paying over the money, acknowledging the receipt of

  5  the money, and on what account; which certificate thus

  6  received, the party shall return to the Department of Banking

  7  and Finance, on receipt of which the department shall give the

  8  party a receipt for the amount, and enter a credit on the

  9  party's account in his or her books for the amount thus paid

10  by him or her to the Insurance Commissioner and Treasurer, and

11  file the certificate received from the Insurance Commissioner

12  and Treasurer.

13         Section 201.  Section 215.03, Florida Statutes, is

14  amended to read:

15         215.03  Party to be reimbursed on reversal of judgment

16  for state.--Whenever upon appeal in civil cases, any judgment

17  in favor of the state has been or shall be reversed and set

18  aside, which may have been paid in part by the appellant, the

19  Chief Financial Officer Comptroller shall issue his or her

20  warrant upon the Treasurer to reimburse the appellant for all

21  sums paid in discharge of such judgment and cost, provided the

22  appellant shall adduce satisfactory evidence to the Chief

23  Financial Officer Comptroller of the sums paid as aforesaid.

24         Section 202.  Section 215.04, Florida Statutes, is

25  amended to read:

26         215.04  Department of Financial Services Banking and

27  Finance to report delinquents.--The Department of Financial

28  Services Banking and Finance shall report to the state

29  attorney of the proper circuit the name of any delinquent

30  officer whose delinquency concerns the department, so soon as

31  


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  1  such delinquency shall occur; and the state attorney shall

  2  proceed forthwith against such delinquent.

  3         Section 203.  Section 215.05, Florida Statutes, is

  4  amended to read:

  5         215.05  Department of Financial Services Banking and

  6  Finance to certify accounts of delinquents.--When any revenue

  7  officer or other person accountable for public money shall

  8  neglect or refuse to pay into the treasury the sum or balance

  9  reported to be due to the state, upon the adjustment of that

10  person's account, the Department of Financial Services Banking

11  and Finance shall immediately hand over to the state attorney

12  of the proper circuit the statement of the sum or balance

13  certified under its seal of office, so due; and the state

14  attorney shall institute suit for the recovery of the same,

15  adding to the sum or balance stated to be due on such account

16  the commissions of the delinquent, which shall be forfeited in

17  every instance where suit is commenced and judgment is

18  obtained thereon, and an interest of 8 percent per annum from

19  the time of the delinquent's receiving the money until it

20  shall be paid into the State Treasury.

21         Section 204.  Section 215.11, Florida Statutes, is

22  amended to read:

23         215.11  Defaulting officers; Department of Financial

24  Services Banking and Finance to report to clerk.--The

25  Department of Financial Services Banking and Finance shall,

26  within 90 days after the expiration of the term of office of

27  any tax collector, sheriff, clerk of the circuit or county

28  court, treasurer, or any other officer of any county who has

29  the collection, custody, and control of any state funds, who

30  shall be in arrears in his or her accounts with the state,

31  


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  1  make up and forward to the clerk of the circuit court of such

  2  county a statement of his or her accounts with the state.

  3         Section 205.  Paragraph (cc) of subsection (4) of

  4  section 215.20, Florida Statutes, is amended to read:

  5         215.20  Certain income and certain trust funds to

  6  contribute to the General Revenue Fund.--

  7         (4)  The income of a revenue nature deposited in the

  8  following described trust funds, by whatever name designated,

  9  is that from which the deductions authorized by subsection (3)

10  shall be made:

11         (cc)  The Insurance Commissioner's Regulatory Trust

12  Fund created by s. 624.523.

13  

14  The enumeration of the foregoing moneys or trust funds shall

15  not prohibit the applicability thereto of s. 215.24 should the

16  Governor determine that for the reasons mentioned in s. 215.24

17  the money or trust funds should be exempt herefrom, as it is

18  the purpose of this law to exempt income from its force and

19  effect when, by the operation of this law, federal matching

20  funds or contributions or private grants to any trust fund

21  would be lost to the state.

22         Section 206.  Paragraphs (e) and (g) of subsection (1)

23  of section 215.22, Florida Statutes, is amended to read:

24         215.22  Certain income and certain trust funds

25  exempt.--

26         (1)  The following income of a revenue nature or the

27  following trust funds shall be exempt from the deduction

28  required by s. 215.20(1):

29         (e)  State, agency, or political subdivision

30  investments by the Chief Financial Officer Treasurer.

31  


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  1         (g)  Self-insurance programs administered by the Chief

  2  Financial Officer Treasurer.

  3         Section 207.  Section 215.23, Florida Statutes, is

  4  amended to read:

  5         215.23  When contributions to be made.--The deductions

  6  required by s. 215.20 shall be paid into the appropriate fund

  7  by the Department of Financial Services Banking and Finance or

  8  by the Chief Financial Officer State Treasurer, as the case

  9  may be, for quarterly periods ending March 31, June 30,

10  September 30, and December 31 of each year, and when so paid

11  shall thereupon become a part of that fund to be accounted for

12  and disbursed as provided by law.

13         Section 208.  Section 215.24, Florida Statutes, is

14  amended to read:

15         215.24  Exemptions where federal contributions or

16  private grants.--

17         (1)  Should any state fund be the recipient of federal

18  contributions or private grants, either by the matching of

19  state funds or by a general donation to state funds, and the

20  payment of moneys into the General Revenue Fund under s.

21  215.20 should cause such fund to lose federal or private

22  assistance, the Governor shall certify to the Department of

23  Financial Services Banking and Finance and to the Chief

24  Financial Officer State Treasurer that said income is for that

25  reason exempt from the force and effect of s. 215.20.

26         (2)  Should it be determined by the Governor that by

27  reason of payments already made into the General Revenue Fund

28  by any fund under this law, such fund is subject to the loss

29  of federal or private assistance, then the Governor shall

30  certify to the Department of Financial Services Banking and

31  Finance and to the Chief Financial Officer State Treasurer


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  1  that the income from such assistance is exempt from the

  2  provisions of this law, and the Department of Financial

  3  Services Banking and Finance or the Chief Financial Officer

  4  State Treasurer, as the case may be, shall thereupon refund

  5  and pay over to such fund any amount previously paid into the

  6  General Revenue Fund from such income.

  7         Section 209.  Section 215.25, Florida Statutes, is

  8  amended to read:

  9         215.25  Manner of contributions; rules and

10  regulations.--The Department of Financial Services Banking and

11  Finance and the Chief Financial Officer State Treasurer are

12  hereby authorized to ascertain and determine the manner in

13  which the required amounts shall be deducted and paid and to

14  adopt and effectuate such rules and procedure as may be

15  necessary for carrying out the provisions of this law.  Such

16  rules and procedure shall be approved by the Executive Office

17  of the Governor.

18         Section 210.  Subsections (1), (2), and (5) of section

19  215.26, Florida Statutes, are amended to read:

20         215.26  Repayment of funds paid into State Treasury

21  through error.--

22         (1)  The Chief Financial Officer Comptroller of the

23  state may refund to the person who paid same, or his or her

24  heirs, personal representatives, or assigns, any moneys paid

25  into the State Treasury which constitute:

26         (a)  An overpayment of any tax, license, or account

27  due;

28         (b)  A payment where no tax, license, or account is

29  due; and

30         (c)  Any payment made into the State Treasury in error;

31  


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  1  and if any such payment has been credited to an appropriation,

  2  such appropriation shall at the time of making any such

  3  refund, be charged therewith. There are appropriated from the

  4  proper respective funds from time to time such sums as may be

  5  necessary for such refunds.

  6         (2)  Application for refunds as provided by this

  7  section must be filed with the Chief Financial Officer

  8  Comptroller, except as otherwise provided in this subsection,

  9  within 3 years after the right to the refund has accrued or

10  else the right is barred. Except as provided in chapter 198

11  and s. 220.23, an application for a refund of a tax enumerated

12  in s. 72.011, which tax was paid after September 30, 1994, and

13  before July 1, 1999, must be filed with the Chief Financial

14  Officer Comptroller within 5 years after the date the tax is

15  paid, and within 3 years after the date the tax was paid for

16  taxes paid on or after July 1, 1999. The Chief Financial

17  Officer Comptroller may delegate the authority to accept an

18  application for refund to any state agency, or the judicial

19  branch, vested by law with the responsibility for the

20  collection of any tax, license, or account due. The

21  application for refund must be on a form approved by the Chief

22  Financial Officer Comptroller and must be supplemented with

23  additional proof the Chief Financial Officer Comptroller deems

24  necessary to establish the claim; provided, the claim is not

25  otherwise barred under the laws of this state. Upon receipt of

26  an application for refund, the judicial branch or the state

27  agency to which the funds were paid shall make a determination

28  of the amount due. If an application for refund is denied, in

29  whole or in part, the judicial branch or such state agency

30  shall notify the applicant stating the reasons therefor. Upon

31  approval of an application for refund, the judicial branch or


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  1  such state agency shall furnish the Chief Financial Officer

  2  Comptroller with a properly executed voucher authorizing

  3  payment.

  4         (5)  When a taxpayer has pursued administrative

  5  remedies before the Department of Revenue pursuant to s.

  6  213.21 and has failed to comply with the time limitations and

  7  conditions provided in ss. 72.011 and 120.80(14)(b), a claim

  8  of refund under subsection (1) shall be denied by the Chief

  9  Financial Officer Comptroller. However, the Chief Financial

10  Officer Comptroller may entertain a claim for refund under

11  this subsection when the taxpayer demonstrates that his or her

12  failure to pursue remedies under chapter 72 was not due to

13  neglect or for the purpose of delaying payment of lawfully

14  imposed taxes and can demonstrate reasonable cause for such

15  failure.

16         Section 211.  Section 215.29, Florida Statutes, is

17  amended to read:

18         215.29  Classification of Chief Financial Officer's

19  Comptroller's warrants; report.--All disbursements made by the

20  state upon Chief Financial Officer's Comptroller's warrants

21  shall be classified according to officers, offices, bureaus,

22  divisions, boards, commissions, institutions, other agencies

23  and undertakings, or the judicial branch, and shall be further

24  classified according to personal services, contractual

25  services, commodities, current charges, current obligations,

26  capital outlays, debt payments, or investments or such

27  additional classifications as may be prescribed or authorized

28  by law.  Such detail classifications shall be printed in the

29  Chief Financial Officer's Comptroller's annual reports.

30         Section 212.  Section 215.31, Florida Statutes, is

31  amended to read:


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  1         215.31  State funds; deposit in State

  2  Treasury.--Revenue, including licenses, fees, imposts, or

  3  exactions collected or received under the authority of the

  4  laws of the state by each and every state official, office,

  5  employee, bureau, division, board, commission, institution,

  6  agency, or undertaking of the state or the judicial branch

  7  shall be promptly deposited in the State Treasury, and

  8  immediately credited to the appropriate fund as herein

  9  provided, properly accounted for by the Department of

10  Financial Services Banking and Finance as to source and no

11  money shall be paid from the State Treasury except as

12  appropriated and provided by the annual General Appropriations

13  Act, or as otherwise provided by law.

14         Section 213.  Section 215.32, Florida Statutes, as

15  amended by section 1 of chapter 2001-375, Laws of Florida, is

16  amended to read:

17         215.32  State funds; segregation.--

18         (1)  All moneys received by the state shall be

19  deposited in the State Treasury unless specifically provided

20  otherwise by law and shall be deposited in and accounted for

21  by the Chief Financial Officer Treasurer and the Department of

22  Financial Services Banking and Finance within the following

23  funds, which funds are hereby created and established:

24         (a)  General Revenue Fund.

25         (b)  Trust funds.

26         (c)  Working Capital Fund.

27         (d)  Budget Stabilization Fund.

28         (2)  The source and use of each of these funds shall be

29  as follows:

30         (a)  The General Revenue Fund shall consist of all

31  moneys received by the state from every source whatsoever,


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  1  except as provided in paragraphs (b) and (c).  Such moneys

  2  shall be expended pursuant to General Revenue Fund

  3  appropriations acts or transferred as provided in paragraph

  4  (c).  Annually, at least 5 percent of the estimated increase

  5  in General Revenue Fund receipts for the upcoming fiscal year

  6  over the current year General Revenue Fund effective

  7  appropriations shall be appropriated for state-level capital

  8  outlay, including infrastructure improvement and general

  9  renovation, maintenance, and repairs.

10         (b)1.  The trust funds shall consist of moneys received

11  by the state which under law or under trust agreement are

12  segregated for a purpose authorized by law.  The state agency

13  or branch of state government receiving or collecting such

14  moneys shall be responsible for their proper expenditure as

15  provided by law.  Upon the request of the state agency or

16  branch of state government responsible for the administration

17  of the trust fund, the Chief Financial Officer Comptroller may

18  establish accounts within the trust fund at a level considered

19  necessary for proper accountability. Once an account is

20  established within a trust fund, the Chief Financial Officer

21  Comptroller may authorize payment from that account only upon

22  determining that there is sufficient cash and releases at the

23  level of the account.

24         2.  In order to maintain a minimum number of trust

25  funds in the State Treasury, each state agency or the judicial

26  branch may consolidate, if permitted under the terms and

27  conditions of their receipt, the trust funds administered by

28  it; provided, however, the agency or judicial branch employs

29  effectively a uniform system of accounts sufficient to

30  preserve the integrity of such trust funds; and provided,

31  


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  1  further, that consolidation of trust funds is approved by the

  2  Governor or the Chief Justice.

  3         3.  All such moneys are hereby appropriated to be

  4  expended in accordance with the law or trust agreement under

  5  which they were received, subject always to the provisions of

  6  chapter 216 relating to the appropriation of funds and to the

  7  applicable laws relating to the deposit or expenditure of

  8  moneys in the State Treasury.

  9         4.a.  Notwithstanding any provision of law restricting

10  the use of trust funds to specific purposes, unappropriated

11  cash balances from selected trust funds may be authorized by

12  the Legislature for transfer to the Budget Stabilization Fund

13  and Working Capital Fund in the General Appropriations Act.

14         b.  This subparagraph does not apply to trust funds

15  required by federal programs or mandates; trust funds

16  established for bond covenants, indentures, or resolutions

17  whose revenues are legally pledged by the state or public body

18  to meet debt service or other financial requirements of any

19  debt obligations of the state or any public body; the State

20  Transportation Trust Fund; the trust fund containing the net

21  annual proceeds from the Florida Education Lotteries; the

22  Florida Retirement System Trust Fund; trust funds under the

23  management of the Board of Regents, where such trust funds are

24  for auxiliary enterprises, self-insurance, and contracts,

25  grants, and donations, as those terms are defined by general

26  law; trust funds that serve as clearing funds or accounts for

27  the Chief Financial Officer Comptroller or state agencies;

28  trust funds that account for assets held by the state in a

29  trustee capacity as an agent or fiduciary for individuals,

30  private organizations, or other governmental units; and other

31  trust funds authorized by the State Constitution.


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  1         (c)1.  The Budget Stabilization Fund shall consist of

  2  amounts equal to at least 5 percent of net revenue collections

  3  for the General Revenue Fund during the last completed fiscal

  4  year. The Budget Stabilization Fund's principal balance shall

  5  not exceed an amount equal to 10 percent of the last completed

  6  fiscal year's net revenue collections for the General Revenue

  7  Fund. As used in this paragraph, the term "last completed

  8  fiscal year" means the most recently completed fiscal year

  9  prior to the regular legislative session at which the

10  Legislature considers the General Appropriations Act for the

11  year in which the transfer to the Budget Stabilization Fund

12  must be made under this paragraph.

13         2.  By September 15 of each year, the Governor shall

14  authorize the Chief Financial Officer Comptroller to transfer,

15  and the Chief Financial Officer Comptroller shall transfer

16  pursuant to appropriations made by law, to the Budget

17  Stabilization Fund the amount of money needed for the balance

18  of that fund to equal the amount specified in subparagraph 1.,

19  less any amounts expended and not restored. The moneys needed

20  for this transfer may be appropriated by the Legislature from

21  any funds.

22         3.  Unless otherwise provided in this subparagraph, an

23  expenditure from the Budget Stabilization Fund must be

24  restored pursuant to a restoration schedule that provides for

25  making five equal annual transfers from the General Revenue

26  Fund, beginning in the fiscal year following that in which the

27  expenditure was made. For any Budget Stabilization Fund

28  expenditure, the Legislature may establish by law a different

29  restoration schedule and such change may be made at any time

30  during the restoration period. Moneys are hereby appropriated

31  for transfers pursuant to this subparagraph.


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  1         4.  The Budget Stabilization Fund and the Working

  2  Capital Fund may be used as revolving funds for transfers as

  3  provided in s. 18.125; however, any interest earned must be

  4  deposited in the General Revenue Fund.

  5         5.  The Chief Financial Officer Comptroller and the

  6  Department of Management Services shall transfer funds to

  7  water management districts to pay eligible water management

  8  district employees for all benefits due under s. 373.6065, as

  9  long as funds remain available for the program described under

10  s. 100.152.

11         (d)  The Working Capital Fund shall consist of moneys

12  in the General Revenue Fund which are in excess of the amount

13  needed to meet General Revenue Fund appropriations for the

14  current fiscal year. Each year, no later than the publishing

15  date of the annual financial statements for the state by the

16  Chief Financial Officer Comptroller under s. 216.102, funds

17  shall be transferred between the Working Capital Fund and the

18  General Revenue Fund to establish the balance of the Working

19  Capital Fund for that fiscal year at the amount determined

20  pursuant to this paragraph.

21         Section 214.  Subsections (2) and (3) of section

22  215.3206, Florida Statutes, are amended to read:

23         215.3206  Trust funds; termination or re-creation.--

24         (2)  If the trust fund is terminated and not

25  immediately re-created, all cash balances and income of the

26  trust fund shall be deposited into the General Revenue Fund.

27  The agency or Chief Justice shall pay any outstanding debts of

28  the trust fund as soon as practicable, and the Chief Financial

29  Officer Comptroller shall close out and remove the trust fund

30  from the various state accounting systems, using generally

31  accepted accounting practices concerning warrants outstanding,


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  1  assets, and liabilities.  No appropriation or budget amendment

  2  shall be construed to authorize any encumbrance of funds from

  3  a trust fund after the date on which the trust fund is

  4  terminated or is judicially determined to be invalid.

  5         (3)  On or before September 1 of each year, the Chief

  6  Financial Officer Comptroller shall submit to the Executive

  7  Office of the Governor, the President of the Senate, and the

  8  Speaker of the House of Representatives a list of trust funds

  9  that are scheduled to terminate within 12 months after that

10  date and also, beginning September 1, 1996, a list of all

11  trust funds that are exempt from automatic termination

12  pursuant to the provisions of s. 19(f)(3), Art. III of the

13  State Constitution, listing revenues of the trust funds by

14  major revenue category for each of the last 4 fiscal years.

15         Section 215.  Paragraph (a) of subsection (2) of

16  section 215.3208, Florida Statutes, is amended to read:

17         215.3208  Trust funds; legislative review.--

18         (2)(a)  When the Legislature terminates a trust fund,

19  the agency or branch of state government that administers the

20  trust fund shall pay any outstanding debts or obligations of

21  the trust fund as soon as practicable, and the Chief Financial

22  Officer Comptroller shall close out and remove the trust fund

23  from the various state accounting systems, using generally

24  accepted accounting principles concerning assets, liabilities,

25  and warrants outstanding.

26         Section 216.  Section 215.321, Florida Statutes, is

27  amended to read:

28         215.321  Regulatory trust fund.--All funds received

29  pursuant to ss. 494.001-494.0077, chapter 497, chapter 516,

30  chapter 520, or part I of chapter 559 shall be deposited into

31  the Banking and Finance Regulatory Trust Fund.


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  1         Section 217.  Subsections (2), (3), and (4) of section

  2  215.322, Florida Statutes, are amended to read:

  3         215.322  Acceptance of credit cards, charge cards, or

  4  debit cards by state agencies, units of local government, and

  5  the judicial branch.--

  6         (2)  A state agency as defined in s. 216.011, or the

  7  judicial branch, may accept credit cards, charge cards, or

  8  debit cards in payment for goods and services with the prior

  9  approval of the Chief Financial Officer Treasurer. When the

10  Internet or other related electronic methods are to be used as

11  the collection medium, the State Technology Office shall

12  review and recommend to the Chief Financial Officer Treasurer

13  whether to approve the request with regard to the process or

14  procedure to be used.

15         (3)  The Chief Financial Officer Treasurer shall adopt

16  rules governing the establishment and acceptance of credit

17  cards, charge cards, or debit cards by state agencies or the

18  judicial branch, including, but not limited to, the following:

19         (a)  Utilization of a standardized contract between the

20  financial institution or other appropriate intermediaries and

21  the agency or judicial branch which shall be developed by the

22  Chief Financial Officer Treasurer or approval by the Chief

23  Financial Officer Treasurer of a substitute agreement.

24         (b)  Procedures which permit an agency or officer

25  accepting payment by credit card, charge card, or debit card

26  to impose a convenience fee upon the person making the

27  payment. However, the total amount of such convenience fees

28  shall not exceed the total cost to the state agency. A

29  convenience fee is not refundable to the payor.

30  Notwithstanding the foregoing, this section shall not be

31  


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  1  construed to permit surcharges on any other credit card

  2  purchase in violation of s. 501.0117.

  3         (c)  All service fees payable pursuant to this section

  4  when practicable shall be invoiced and paid by state warrant

  5  or such other manner that is satisfactory to the Chief

  6  Financial Officer Comptroller in accordance with the time

  7  periods specified in s. 215.422.

  8         (d)  Submission of information to the Chief Financial

  9  Officer Treasurer concerning the acceptance of credit cards,

10  charge cards, or debit cards by all state agencies or the

11  judicial branch.

12         (e)  A methodology for agencies to use when completing

13  the cost-benefit analysis referred to in subsection (1). The

14  methodology must consider all quantifiable cost reductions,

15  other benefits to the agency, and potential impact on general

16  revenue. The methodology must also consider nonquantifiable

17  benefits such as the convenience to individuals and businesses

18  that would benefit from the ability to pay for state goods and

19  services through the use of credit cards, charge cards, and

20  debit cards.

21         (4)  The Chief Financial Officer may Treasurer is

22  authorized to establish contracts with one or more financial

23  institutions, credit card companies, or other entities which

24  may lawfully provide such services, in a manner consistent

25  with chapter 287, for processing credit card, charge card, or

26  debit card collections for deposit into the State Treasury or

27  another qualified public depository.  Any state agency, or the

28  judicial branch, which accepts payment by credit card, charge

29  card, or debit card shall use at least one of the contractors

30  established by the Chief Financial Officer Treasurer unless

31  the state agency or judicial branch obtains authorization from


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  1  the Chief Financial Officer Treasurer to use another

  2  contractor which is more advantageous to such state agency or

  3  the judicial branch.  Such contracts may authorize a unit of

  4  local government to use the services upon the same terms and

  5  conditions for deposit of credit card, charge card, or debit

  6  card transactions into its qualified public depositories.

  7         Section 218.  Subsections (1) and (2) of section

  8  215.34, Florida Statutes, are amended to read:

  9         215.34  State funds; noncollectible items; procedure.--

10         (1)  Any check, draft, or other order for the payment

11  of money in payment of any licenses, fees, taxes, commissions,

12  or charges of any sort authorized to be made under the laws of

13  the state and deposited in the State Treasury as provided

14  herein, which may be returned for any reason by the bank or

15  other payor upon which same shall have been drawn shall be

16  forthwith returned by the Chief Financial Officer State

17  Treasurer for collection to the state officer, the state

18  agency, or the entity of the judicial branch making the

19  deposit. In such case, the Chief Financial Officer may

20  Treasurer is hereby authorized to issue a debit memorandum

21  charging an account of the agency, officer, or entity of the

22  judicial branch which originally received the payment.  The

23  original of the debit memorandum shall state the reason for

24  the return of the check, draft, or other order and shall

25  accompany the item being returned to the officer, agency, or

26  entity of the judicial branch being charged, and a copy of the

27  debit memorandum shall be sent to the Comptroller. The

28  officer, agency, or entity of the judicial branch receiving

29  the charged-back item shall prepare a journal transfer which

30  shall debit the charge against the fund or account to which

31  the same shall have been originally credited.  Such procedure


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  1  for handling noncollectible items shall not be construed as

  2  paying funds out of the State Treasury without an

  3  appropriation, but shall be considered as an administrative

  4  procedure for the efficient handling of state records and

  5  accounts.

  6         (2)  Whenever a check, draft, or other order for the

  7  payment of money is returned by the Chief Financial Officer

  8  State Treasurer, or by a qualified public depository as

  9  defined in s. 280.02, to a state officer, a state agency, or

10  the judicial branch for collection, the officer, agency, or

11  judicial branch shall add to the amount due a service fee of

12  $15 or 5 percent of the face amount of the check, draft, or

13  order, whichever is greater.  An agency or the judicial branch

14  may adopt a rule which prescribes a lesser maximum service

15  fee, which shall be added to the amount due for the dishonored

16  check, draft, or other order tendered for a particular

17  service, license, tax, fee, or other charge, but in no event

18  shall the fee be less than $15. The service fee shall be in

19  addition to all other penalties imposed by law, except that

20  when other charges or penalties are imposed by an agency

21  related to a noncollectible item, the amount of the service

22  fee shall not exceed $150. Proceeds from this fee shall be

23  deposited in the same fund as the collected item. Nothing in

24  this section shall be construed as authorization to deposit

25  moneys outside the State Treasury unless specifically

26  authorized by law.

27         Section 219.  Section 215.35, Florida Statutes, is

28  amended to read:

29         215.35  State funds; warrants and their issuance.--All

30  warrants issued by the Chief Financial Officer Comptroller

31  shall be numbered in chronological order commencing with


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  1  number one in each fiscal year and each warrant shall refer to

  2  the Chief Financial Officer's Comptroller's voucher by the

  3  number thereof, which voucher shall also be numbered as above

  4  set forth.  Each warrant shall state the name of the payee

  5  thereof and the amount allowed, and said warrant shall be

  6  stated in words at length.  No warrant shall issue until same

  7  has been authorized by an appropriation made by law but such

  8  warrant need not state or set forth such authorization.  The

  9  Chief Financial Officer Comptroller shall register and

10  maintain a record of each warrant in his or her office.  The

11  record shall show the funds, accounts, purposes, and

12  departments involved in the issuance of each warrant.  In

13  those instances where the expenditure of funds of regulatory

14  boards or commissions has been provided for by laws other than

15  the annual appropriations bill, warrants shall be issued upon

16  requisition to the Chief Financial Officer State Comptroller

17  by the governing body of such board or commission.

18         Section 220.  Section 215.405, Florida Statutes, is

19  amended to read:

20         215.405  State agencies and the judicial branch

21  authorized to collect costs of fingerprinting.--Any state

22  agency, or the judicial branch, exercising regulatory

23  authority and authorized to take fingerprints of persons

24  within or seeking to come within such agency's or the judicial

25  branch's regulatory power may collect from the person or

26  entity on whose behalf the fingerprints were submitted the

27  actual costs of processing such fingerprints including, but

28  not limited to, any charges imposed by the Department of Law

29  Enforcement or any agency or branch of the United States

30  Government.  This provision shall constitute express authority

31  for state agencies and the judicial branch to collect the


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  1  actual costs of processing the fingerprints either prior to or

  2  subsequent to the actual processing and shall supersede any

  3  other law to the contrary.  To administer the provisions of

  4  this section, a state agency, or the judicial branch, electing

  5  to collect the cost of fingerprinting is empowered to

  6  promulgate and adopt rules to establish the amounts and the

  7  methods of payment needed to collect such costs.  Collections

  8  made under these provisions shall be deposited with the Chief

  9  Financial Officer Treasurer to an appropriate trust fund

10  account to be designated by the Executive Office of the

11  Governor.

12         Section 221.  Section 215.42, Florida Statutes, is

13  amended to read:

14         215.42  Purchases from appropriations, proof of

15  delivery.--The Chief Financial Officer State Comptroller may

16  require proof, as he or she deems necessary, of delivery and

17  receipt of purchases before honoring any voucher for payment

18  from appropriations made in the General Appropriations Act or

19  otherwise provided by law.

20         Section 222.  Section 215.422, Florida Statutes, is

21  amended to read:

22         215.422  Warrants, vouchers, and invoices; processing

23  time limits; dispute resolution; agency or judicial branch

24  compliance.--

25         (1)  The voucher authorizing payment of an invoice

26  submitted to an agency of the state or the judicial branch,

27  required by law to be filed with the Chief Financial Officer

28  Comptroller, shall be filed with the Chief Financial Officer

29  Comptroller not later than 20 days after receipt of the

30  invoice and receipt, inspection, and approval of the goods or

31  services, except that in the case of a bona fide dispute the


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  1  voucher shall contain a statement of the dispute and authorize

  2  payment only in the amount not disputed.  The Chief Financial

  3  Officer Comptroller may establish dollar thresholds and other

  4  criteria for all invoices and may delegate to a state agency

  5  or the judicial branch responsibility for maintaining the

  6  official vouchers and documents for invoices which do not

  7  exceed the thresholds or which meet the established criteria.

  8  Such records shall be maintained in accordance with the

  9  requirements established by the Secretary of State.  The

10  electronic payment request transmission to the Chief Financial

11  Officer Comptroller shall constitute filing of a voucher for

12  payment of invoices for which the Chief Financial Officer

13  Comptroller has delegated to an agency custody of official

14  records. Approval and inspection of goods or services shall

15  take no longer than 5 working days unless the bid

16  specifications, purchase order, or contract specifies

17  otherwise.  If a voucher filed within the 20-day period is

18  returned by the Department of Financial Services Banking and

19  Finance because of an error, it shall nevertheless be deemed

20  timely filed.  The 20-day filing requirement may be waived in

21  whole or in part by the Department of Financial Services

22  Banking and Finance on a showing of exceptional circumstances

23  in accordance with rules and regulations of the department.

24  For the purposes of determining the receipt of invoice date,

25  the agency or the judicial branch is deemed to receive an

26  invoice on the date on which a proper invoice is first

27  received at the place designated by the agency or the judicial

28  branch.  The agency or the judicial branch is deemed to

29  receive an invoice on the date of the invoice if the agency or

30  the judicial branch has failed to annotate the invoice with

31  the date of receipt at the time the agency or the judicial


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  1  branch actually received the invoice or failed at the time the

  2  order is placed or contract made to designate a specific

  3  location to which the invoice must be delivered.

  4         (2)  The warrant in payment of an invoice submitted to

  5  an agency of the state or the judicial branch shall be issued

  6  not later than 10 days after filing of the voucher authorizing

  7  payment. However, this requirement may be waived in whole or

  8  in part by the Department of Financial Services Banking and

  9  Finance on a showing of exceptional circumstances in

10  accordance with rules and regulations of the department.  If

11  the 10-day period contains fewer than 6 working days, the

12  Department of Financial Services Banking and Finance shall be

13  deemed in compliance with this subsection if the warrant is

14  issued within 6 working days without regard to the actual

15  number of calendar days. For purposes of this section, a

16  payment is deemed to be issued on the first working day that

17  payment is available for delivery or mailing to the vendor.

18         (3)(a)  Each agency of the state or the judicial branch

19  which is required by law to file vouchers with the Chief

20  Financial Officer Comptroller shall keep a record of the date

21  of receipt of the invoice; dates of receipt, inspection, and

22  approval of the goods or services; date of filing of the

23  voucher; and date of issuance of the warrant in payment

24  thereof. If the voucher is not filed or the warrant is not

25  issued within the time required, an explanation in writing by

26  the agency head or the Chief Justice shall be submitted to the

27  Department of Financial Services Banking and Finance in a

28  manner prescribed by it. Agencies and the judicial branch

29  shall continue to deliver or mail state payments promptly.

30         (b)  If a warrant in payment of an invoice is not

31  issued within 40 days after receipt of the invoice and


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  1  receipt, inspection, and approval of the goods and services,

  2  the agency or judicial branch shall pay to the vendor, in

  3  addition to the amount of the invoice, interest at a rate as

  4  established pursuant to s. 55.03(1) on the unpaid balance from

  5  the expiration of such 40-day period until such time as the

  6  warrant is issued to the vendor. Such interest shall be added

  7  to the invoice at the time of submission to the Chief

  8  Financial Officer Comptroller for payment whenever possible.

  9  If addition of the interest penalty is not possible, the

10  agency or judicial branch shall pay the interest penalty

11  payment within 15 days after issuing the warrant. The

12  provisions of this paragraph apply only to undisputed amounts

13  for which payment has been authorized. Disputes shall be

14  resolved in accordance with rules developed and adopted by the

15  Chief Justice for the judicial branch, and rules adopted by

16  the Department of Financial Services Banking and Finance or in

17  a formal administrative proceeding before an administrative

18  law judge of the Division of Administrative Hearings for state

19  agencies, provided that, for the purposes of ss. 120.569 and

20  120.57(1), no party to a dispute involving less than $1,000 in

21  interest penalties shall be deemed to be substantially

22  affected by the dispute or to have a substantial interest in

23  the decision resolving the dispute. In the case of an error on

24  the part of the vendor, the 40-day period shall begin to run

25  upon receipt by the agency or the judicial branch of a

26  corrected invoice or other remedy of the error. The provisions

27  of this paragraph do not apply when the filing requirement

28  under subsection (1) or subsection (2) has been waived in

29  whole by the Department of Financial Services Banking and

30  Finance. The various state agencies and the judicial branch

31  shall be responsible for initiating the penalty payments


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  1  required by this subsection and shall use this subsection as

  2  authority to make such payments. The budget request submitted

  3  to the Legislature shall specifically disclose the amount of

  4  any interest paid by any agency or the judicial branch

  5  pursuant to this subsection. The temporary unavailability of

  6  funds to make a timely payment due for goods or services does

  7  not relieve an agency or the judicial branch from the

  8  obligation to pay interest penalties under this section.

  9         (c)  An agency or the judicial branch may make partial

10  payments to a contractor upon partial delivery of goods or

11  services or upon partial completion of construction when a

12  request for such partial payment is made by the contractor and

13  approved by the agency. Provisions of this section and rules

14  of the Department of Financial Services Banking and Finance

15  shall apply to partial payments in the same manner as they

16  apply to full payments.

17         (4)  If the terms of the invoice provide a discount for

18  payment in less than 30 days, agencies of the state and the

19  judicial branch shall preferentially process it and use all

20  diligence to obtain the saving by compliance with the invoice

21  terms.

22         (5)  All purchasing agreements between a state agency

23  or the judicial branch and a vendor, applicable to this

24  section, shall include a statement of the vendor's rights and

25  the state's responsibilities under this section.  The vendor's

26  rights shall include being provided with the telephone number

27  of the vendor ombudsman within the Department of Financial

28  Services Banking and Finance, which information shall also be

29  placed on all agency or judicial branch purchase orders.

30         (6)  The Department of Financial Services Banking and

31  Finance shall monitor each agency's and the judicial branch's


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  1  compliance with the time limits and interest penalty

  2  provisions of this section.  The department shall provide a

  3  report to an agency or to the judicial branch if the

  4  department determines that the agency or the judicial branch

  5  has failed to maintain an acceptable rate of compliance with

  6  the time limits and interest penalty provisions of this

  7  section.  The department shall establish criteria for

  8  determining acceptable rates of compliance. The report shall

  9  also include a list of late vouchers or payments, the amount

10  of interest owed or paid, and any corrective actions

11  recommended.  The department shall perform monitoring

12  responsibilities, pursuant to this section, using the

13  Management Services and Purchasing Subsystem or the Florida

14  Accounting Information Resource Subsystem provided in s.

15  215.94.  Each agency and the judicial branch shall be

16  responsible for the accuracy of information entered into the

17  Management Services and Purchasing Subsystem and the Florida

18  Accounting Information Resource Subsystem for use in this

19  monitoring.

20         (7)  There is created a vendor ombudsman within the

21  Department of Financial Services Banking and Finance who shall

22  be responsible for the following functions:

23         (a)  Performing the duties of the department pursuant

24  to subsection (6).

25         (b)  Reviewing requests for waivers due to exceptional

26  circumstances.

27         (c)  Disseminating information relative to the prompt

28  payment policies of this state and assisting vendors in

29  receiving their payments in a timely manner.

30         (d)  Performing such other duties as determined by the

31  department.


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  1         (8)  The Department of Financial Services Banking and

  2  Finance is authorized and directed to adopt and promulgate

  3  rules and regulations to implement this section and for

  4  resolution of disputes involving amounts of less than $1,000

  5  in interest penalties for state agencies.  No agency or the

  6  judicial branch shall adopt any rule or policy that is

  7  inconsistent with this section or the Department of Financial

  8  Services' Banking and Finance's rules or policies.

  9         (9)  Each agency and the judicial branch shall include

10  in the official position description of every officer or

11  employee who is responsible for the approval or processing of

12  vendors' invoices or distribution of warrants to vendors that

13  the requirements of this section are mandatory.

14         (10)  Persistent failure to comply with this section by

15  any agency of the state or the judicial branch shall

16  constitute good cause for discharge of employees duly found

17  responsible, or predominantly responsible, for failure to

18  comply.

19         (11)  Travel and other reimbursements to state officers

20  and employees must be the same as payments to vendors under

21  this section, except payment of Class C travel subsistence.

22  Class C travel subsistence shall be paid in accordance with

23  the schedule established by the Chief Financial Officer

24  Comptroller pursuant to s. 112.061(5)(b). This section does

25  not apply to payments made to state agencies, the judicial

26  branch, or the legislative branch.

27         (12)  In the event that a state agency or the judicial

28  branch contracts with a third party, uses a revolving fund, or

29  pays from a local bank account to process and pay invoices for

30  goods or services, all requirements for financial obligations

31  and time processing set forth in this section shall be


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  1  applicable and the state agency or the judicial branch shall

  2  be responsible for paying vendors the interest assessed for

  3  untimely payment. The state agency or the judicial branch may,

  4  through its contract with a third party, require the third

  5  party to pay interest from the third party's funds.

  6         (13)  Notwithstanding the provisions of subsections (3)

  7  and (12), in order to alleviate any hardship that may be

  8  caused to a health care provider as a result of delay in

  9  receiving reimbursement for services, any payment or payments

10  for hospital, medical, or other health care services which are

11  to be reimbursed by a state agency or the judicial branch,

12  either directly or indirectly, shall be made to the health

13  care provider not more than 35 days from the date eligibility

14  for payment of such claim is determined.  If payment is not

15  issued to a health care provider within 35 days after the date

16  eligibility for payment of the claim is determined, the state

17  agency or the judicial branch shall pay the health care

18  provider interest at a rate of 1 percent per month calculated

19  on a calendar day basis on the unpaid balance from the

20  expiration of such 35-day period until such time as payment is

21  made to the health care provider, unless a waiver in whole has

22  been granted by the Department of Financial Services Banking

23  and Finance pursuant to subsection (1) or subsection (2).

24         (14)  The Chief Financial Officer Comptroller may adopt

25  rules to authorize advance payments for goods and services,

26  including, but not limited to, maintenance agreements and

27  subscriptions.  Such rules shall provide objective criteria

28  for determining when it is in the best interest of the state

29  to make payments in advance and shall also provide for

30  adequate protection to ensure that such goods or services will

31  be provided.


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  1         (15)  Nothing contained in this section shall be

  2  construed to be an appropriation.  Any interest which becomes

  3  due and owing pursuant to this section shall only be payable

  4  from the appropriation charged for such goods or services.

  5         (16)  Notwithstanding the provisions of s. 24.120(3),

  6  applicable to warrants issued for payment of invoices

  7  submitted by the Department of the Lottery, the Chief

  8  Financial Officer Comptroller may, by written agreement with

  9  the Department of the Lottery, establish a shorter time

10  requirement than the 10 days provided in subsection (2) for

11  warrants issued for payment.  Pursuant to such written

12  agreement, the Department of the Lottery shall reimburse the

13  Chief Financial Officer Comptroller for costs associated with

14  processing invoices under the agreement.

15         Section 223.  Subsection (1) of section 215.44, Florida

16  Statutes, is amended to read:

17         215.44  Board of Administration; powers and duties in

18  relation to investment of trust funds.--

19         (1)  Except when otherwise specifically provided by the

20  State Constitution and subject to any limitations of the trust

21  agreement relating to a trust fund, the Board of

22  Administration, hereinafter sometimes referred to as "board,"

23  composed of the Governor as chair, the Chief Financial Officer

24  Treasurer, and the Attorney General Comptroller, shall invest

25  all the funds in the System Trust Fund, as defined in s.

26  121.021(36), and all other funds specifically required by law

27  to be invested by the board pursuant to ss. 215.44-215.53 to

28  the fullest extent that is consistent with the cash

29  requirements, trust agreement, and investment objectives of

30  the fund. Notwithstanding any other law to the contrary, the

31  State Board of Administration may invest any funds of any


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  1  state agency or any unit of local government pursuant to the

  2  terms of a trust agreement with the head of the state agency

  3  or the governing body of the unit of local government, which

  4  trust agreement shall govern the investment of such funds,

  5  provided that the board shall approve the undertaking of such

  6  investment before execution of the trust agreement by the

  7  State Board of Administration. The funds and the earnings

  8  therefrom are exempt from the service charge imposed by s.

  9  215.20. As used in this subsection, the term "state agency"

10  has the same meaning as that provided in s. 216.001, and the

11  terms "governing body" and "unit of local government" have the

12  same meaning as that provided in s. 218.403.

13         Section 224.  Section 215.50, Florida Statutes, is

14  amended to read:

15         215.50  Custody of securities purchased; income.--

16         (1)  All securities purchased or held may, with the

17  approval of the board, be in the custody of the Chief

18  Financial Officer Treasurer or the Chief Financial Officer

19  Treasurer as treasurer ex officio of the board, or be

20  deposited with a bank or trust company to be held in

21  safekeeping by such bank or trust company for the collection

22  of principal and interest or of the proceeds of the sale

23  thereof.

24         (2)  It shall be the duty of the board or of the Chief

25  Financial Officer Treasurer, as custodian of the securities of

26  the board, to collect the interest or other income on, and the

27  principal of, such securities in their custody as the sums

28  become due and payable and to pay the same, when so collected,

29  into the investment account of the fund to which the

30  investments belong.

31  


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  1         (3)  The Chief Financial Officer Treasurer, as

  2  custodian of securities owned by the Florida Retirement System

  3  Trust Fund and the Florida Survivor Benefit Trust Fund, shall

  4  collect the interest, dividends, prepayments, maturities,

  5  proceeds from sales, and other income accruing from such

  6  assets.  As such income is collected by the Chief Financial

  7  Officer Treasurer, it shall be deposited directly into a

  8  commercial bank to the credit of the State Board of

  9  Administration.  Such bank accounts as may be required for

10  this purpose shall offer satisfactory collateral security as

11  provided by chapter 280.  In the event funds so deposited

12  according to the provisions of this section are required for

13  the purpose of paying benefits or other operational needs, the

14  State Board of Administration shall remit to the Florida

15  Retirement System Trust Fund in the State Treasury such

16  amounts as may be requested by the Department of Management

17  Services.

18         (4)  Securities that the board selects to use for

19  options operations under s. 215.45 or for lending under s.

20  215.47(16) shall be registered by the Chief Financial Officer

21  Treasurer in the name of a third-party nominee in order to

22  facilitate such operations.

23         Section 225.  Section 215.551, Florida Statutes, is

24  amended to read:

25         215.551  Federal Use of State Lands Trust Fund; county

26  distribution.--

27         (1)  The Chief Financial Officer Comptroller may make

28  distribution of the Federal Use of State Lands Trust Fund,

29  when so requested by the counties in interest, of such amounts

30  as may be accumulated in that fund.

31  


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  1         (2)  The Chief Financial Officer Comptroller shall

  2  ascertain, from the records of the General Land Office or

  3  other departments in Washington, D.C., the number of acres of

  4  land situated in the several counties in which the

  5  Apalachicola, Choctawhatchee, Ocala, and Osceola Forest

  6  Reserves are located, the number of acres of land of such

  7  forest reserve embraced in each of the counties in each of the

  8  reserves, and, also, the amount of money received by the

  9  United States Government from each of the reserves,

10  respectively.  The Chief Financial Officer Comptroller shall

11  apportion the money on hand to each county in each reserve,

12  respectively and separately; such distribution shall be based

13  upon the number of acres of land embraced in the Apalachicola

14  Forest, Choctawhatchee Forest, Ocala Forest, and Osceola

15  Forest, respectively, in each county and shall be further

16  based upon the amount collected by the United States from each

17  of such forests, so that such distribution, when made, will

18  include for each county the amount due each county, based upon

19  the receipts for the particular forest and the acreage in the

20  particular county in which such forest is located.  The Chief

21  Financial Officer Comptroller shall issue two warrants on the

22  Treasurer in each case, the sum of which shall be the amount

23  due each of such counties from the fund.  One warrant shall be

24  payable to the county for the county general road fund, and

25  one warrant, of equal amount, shall be payable to such

26  county's district school board for the district school fund.

27         (3)  In the event that actual figures of receipts from

28  different reserves cannot be obtained by counties, so as to

29  fully comply with subsections (1) and (2), the Chief Financial

30  Officer Comptroller may adjust the matter according to the

31  United States statutes, or as may appear to him or her to be


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  1  just and fair, and with the approval of all counties in

  2  interest.

  3         (4)  The moneys that may be received and credited to

  4  the Federal Use of State Lands Trust Fund are appropriated for

  5  the payment of the warrants of the Chief Financial Officer

  6  Comptroller drawn on the Treasurer in pursuance of this

  7  section.

  8         Section 226.  Section 215.552, Florida Statutes, is

  9  amended to read:

10         215.552  Federal Use of State Lands Trust Fund; land

11  within military installations; county distribution.--The Chief

12  Financial Officer Comptroller shall distribute moneys from the

13  Federal Use of State Lands Trust Fund when so requested by the

14  counties so affected.  The Chief Financial Officer Comptroller

15  shall apportion the money on hand equal to the percentage of

16  land in each county within each military installation, and the

17  amount so apportioned to each county shall be applied by such

18  counties equally divided between the district school fund and

19  the general road fund of such counties.

20         Section 227.  Paragraph (c) of subsection (2),

21  paragraph (d) of subsection (4), and paragraphs (a), (b), and

22  (c) of subsection (6) of section 215.555, Florida Statutes,

23  are amended to read:

24         215.555  Florida Hurricane Catastrophe Fund.--

25         (2)  DEFINITIONS.--As used in this section:

26         (c)  "Covered policy" means any insurance policy

27  covering residential property in this state, including, but

28  not limited to, any homeowner's, mobile home owner's, farm

29  owner's, condominium association, condominium unit owner's,

30  tenant's, or apartment building policy, or any other policy

31  covering a residential structure or its contents issued by any


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  1  authorized insurer, including any joint underwriting

  2  association or similar entity created pursuant to law.

  3  Additionally, covered policies include policies covering the

  4  peril of wind removed from the Florida Residential Property

  5  and Casualty Joint Underwriting Association, created pursuant

  6  to s. 627.351(6), or from the Florida Windstorm Underwriting

  7  Association, created pursuant to s. 627.351(2), by an

  8  authorized insurer under the terms and conditions of an

  9  executed assumption agreement between the authorized insurer

10  and either such association. Each assumption agreement between

11  either association and such authorized insurer must be

12  approved by the Florida Department of Financial Services

13  Insurance prior to the effective date of the assumption, and

14  the Department of Financial Services Insurance must provide

15  written notification to the board within 15 working days after

16  such approval. "Covered policy" does not include any policy

17  that excludes wind coverage or hurricane coverage or any

18  reinsurance agreement and does not include any policy

19  otherwise meeting this definition which is issued by a surplus

20  lines insurer or a reinsurer.

21         (4)  REIMBURSEMENT CONTRACTS.--

22         (d)1.  For purposes of determining potential liability

23  and to aid in the sound administration of the fund, the

24  contract shall require each insurer to report such insurer's

25  losses from each covered event on an interim basis, as

26  directed by the board.  The contract shall require the insurer

27  to report to the board no later than December 31 of each year,

28  and quarterly thereafter, its reimbursable losses from covered

29  events for the year. The contract shall require the board to

30  determine and pay, as soon as practicable after receiving

31  these reports of reimbursable losses, the initial amount of


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  1  reimbursement due and adjustments to this amount based on

  2  later loss information. The adjustments to reimbursement

  3  amounts shall require the board to pay, or the insurer to

  4  return, amounts reflecting the most recent calculation of

  5  losses.

  6         2.  In determining reimbursements pursuant to this

  7  subsection, the contract shall provide that the board shall:

  8         a.  First reimburse insurers writing covered policies,

  9  which insurers are in full compliance with this section and

10  have petitioned the Department of Financial Services Insurance

11  and qualified as limited apportionment companies under s.

12  627.351(2)(b)3.  The amount of such reimbursement shall be the

13  lesser of $10 million or an amount equal to 10 times the

14  insurer's reimbursement premium for the current year.  The

15  amount of reimbursement paid under this sub-subparagraph may

16  not exceed the full amount of reimbursement promised in the

17  reimbursement contract. This sub-subparagraph does not apply

18  with respect to any contract year in which the year-end

19  projected cash balance of the fund, exclusive of any bonding

20  capacity of the fund, exceeds $2 billion. Only one member of

21  any insurer group may receive reimbursement under this

22  sub-subparagraph.

23         b.  Next pay to each insurer such insurer's projected

24  payout, which is the amount of reimbursement it is owed, up to

25  an amount equal to the insurer's share of the actual premium

26  paid for that contract year, multiplied by the actual

27  claims-paying capacity available for that contract year;

28  provided, entities created pursuant to s. 627.351 shall be

29  further reimbursed in accordance with sub-subparagraph c.

30         c.  Thereafter, establish, based on reimbursable

31  losses, the prorated reimbursement level at the highest level


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  1  for which any remaining fund balance or bond proceeds are

  2  sufficient to reimburse entities created pursuant to s.

  3  627.351 for losses exceeding the amounts payable pursuant to

  4  sub-subparagraph b. for the current contract year.

  5         (6)  REVENUE BONDS.--

  6         (a)  General provisions.--

  7         1.  Upon the occurrence of a hurricane and a

  8  determination that the moneys in the fund are or will be

  9  insufficient to pay reimbursement at the levels promised in

10  the reimbursement contracts, the board may take the necessary

11  steps under paragraph (b) or paragraph (c) for the issuance of

12  revenue bonds for the benefit of the fund.  The proceeds of

13  such revenue bonds may be used to make reimbursement payments

14  under reimbursement contracts; to refinance or replace

15  previously existing borrowings or financial arrangements; to

16  pay interest on bonds; to fund reserves for the bonds; to pay

17  expenses incident to the issuance or sale of any bond issued

18  under this section, including costs of validating, printing,

19  and delivering the bonds, costs of printing the official

20  statement, costs of publishing notices of sale of the bonds,

21  and related administrative expenses; or for such other

22  purposes related to the financial obligations of the fund as

23  the board may determine. The term of the bonds may not exceed

24  30 years. The board may pledge or authorize the corporation to

25  pledge all or a portion of all revenues under subsection (5)

26  and under subparagraph 3. to secure such revenue bonds and the

27  board may execute such agreements between the board and the

28  issuer of any revenue bonds and providers of other financing

29  arrangements under paragraph (7)(b) as the board deems

30  necessary to evidence, secure, preserve, and protect such

31  pledge. If reimbursement premiums received under subsection


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  1  (5) or earnings on such premiums are used to pay debt service

  2  on revenue bonds, such premiums and earnings shall be used

  3  only after the use of the moneys derived from assessments

  4  under subparagraph 3.  The funds, credit, property, or taxing

  5  power of the state or political subdivisions of the state

  6  shall not be pledged for the payment of such bonds. The board

  7  may also enter into agreements under paragraph (b) or

  8  paragraph (c) for the purpose of issuing revenue bonds in the

  9  absence of a hurricane upon a determination that such action

10  would maximize the ability of the fund to meet future

11  obligations.

12         2.  The Legislature finds and declares that the

13  issuance of bonds under this subsection is for the public

14  purpose of paying the proceeds of the bonds to insurers,

15  thereby enabling insurers to pay the claims of policyholders

16  to assure that policyholders are able to pay the cost of

17  construction, reconstruction, repair, restoration, and other

18  costs associated with damage to property of policyholders of

19  covered policies after the occurrence of a hurricane. Revenue

20  bonds may not be issued under this subsection until validated

21  under chapter 75. The validation of at least the first

22  obligations incurred pursuant to this subsection shall be

23  appealed to the Supreme Court, to be handled on an expedited

24  basis.

25         3.  If the board determines that the amount of revenue

26  produced under subsection (5) is insufficient to fund the

27  obligations, costs, and expenses of the fund and the

28  corporation, including repayment of revenue bonds, the board

29  shall direct the Department of Financial Services Insurance to

30  levy an emergency assessment on each insurer writing property

31  and casualty business in this state. Pursuant to the emergency


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  1  assessment, each such insurer shall pay to the corporation by

  2  July 1 of each year an amount set by the board not exceeding 2

  3  percent of its gross direct written premium for the prior year

  4  from all property and casualty business in this state except

  5  for workers' compensation, except that, if the Governor has

  6  declared a state of emergency under s. 252.36 due to the

  7  occurrence of a covered event, the amount of the assessment

  8  for the contract year may be increased to an amount not

  9  exceeding 4 percent of such premium. Any assessment authority

10  not used for the contract year may be used for a subsequent

11  contract year. If, for a subsequent contract year, the board

12  determines that the amount of revenue produced under

13  subsection (5) is insufficient to fund the obligations, costs,

14  and expenses of the fund and the corporation, including

15  repayment of revenue bonds for that contract year, the board

16  shall direct the Department of Financial Services Insurance to

17  levy an emergency assessment up to an amount not exceeding the

18  amount of unused assessment authority from a previous contract

19  year or years, plus an additional 2 percent if the Governor

20  has declared a state of emergency under s. 252.36 due to the

21  occurrence of a covered event. Any assessment authority not

22  used for the contract year may be used for a subsequent

23  contract year. As used in this subsection, the term "property

24  and casualty business" includes all lines of business

25  identified on Form 2, Exhibit of Premiums and Losses, in the

26  annual statement required by s. 624.424 and any rules adopted

27  under such section, except for those lines identified as

28  accident and health insurance. The annual assessments under

29  this subparagraph shall continue as long as the revenue bonds

30  issued with respect to which the assessment was imposed are

31  outstanding, unless adequate provision has been made for the


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  1  payment of such bonds pursuant to the documents authorizing

  2  issuance of the bonds.  An insurer shall not at any time be

  3  subject to aggregate annual assessments under this

  4  subparagraph of more than 2 percent of premium, except that in

  5  the case of a declared emergency, an insurer shall not at any

  6  time be subject to aggregate annual assessments under this

  7  subparagraph of more than 6 percent of premium; provided, no

  8  more than 4 percent may be assessed for any one contract year.

  9  Any rate filing or portion of a rate filing reflecting a rate

10  change attributable entirely to the assessment levied under

11  this subparagraph shall be deemed approved when made, subject

12  to the authority of the Department of Financial Services

13  Insurance to require actuarial justification as to the

14  adequacy of any rate at any time.  If the rate filing reflects

15  only a rate change attributable to the assessment under this

16  paragraph, the filing may consist of a certification so

17  stating. The assessments otherwise payable to the corporation

18  pursuant to this subparagraph shall be paid instead to the

19  fund unless and until the Department of Financial Services

20  Insurance has received from the corporation and the fund a

21  notice, which shall be conclusive and upon which the

22  Department of Financial Services Insurance may rely without

23  further inquiry, that the corporation has issued bonds and the

24  fund has no agreements in effect with local governments

25  pursuant to paragraph (b).  On or after the date of such

26  notice and until such date as the corporation has no bonds

27  outstanding, the fund shall have no right, title, or interest

28  in or to the assessments, except as provided in the fund's

29  agreements with the corporation.

30         (b)  Revenue bond issuance through counties or

31  municipalities.--


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  1         1.  If the board elects to enter into agreements with

  2  local governments for the issuance of revenue bonds for the

  3  benefit of the fund, the board shall enter into such contracts

  4  with one or more local governments, including agreements

  5  providing for the pledge of revenues, as are necessary to

  6  effect such issuance. The governing body of a county or

  7  municipality is authorized to issue bonds as defined in s.

  8  125.013 or s. 166.101 from time to time to fund an assistance

  9  program, in conjunction with the Florida Hurricane Catastrophe

10  Fund, for the purposes set forth in this section or for the

11  purpose of paying the costs of construction, reconstruction,

12  repair, restoration, and other costs associated with damage to

13  properties of policyholders of covered policies due to the

14  occurrence of a hurricane by assuring that policyholders

15  located in this state are able to recover claims under

16  property insurance policies after a covered event.

17         2.  In order to avoid needless and indiscriminate

18  proliferation, duplication, and fragmentation of such

19  assistance programs, any local government may provide for the

20  payment of fund reimbursements, regardless of whether or not

21  the losses for which reimbursement is made occurred within or

22  outside of the territorial jurisdiction of the local

23  government.

24         3.  The state hereby covenants with holders of bonds

25  issued under this paragraph that the state will not repeal or

26  abrogate the power of the board to direct the Department of

27  Financial Services Insurance to levy the assessments and to

28  collect the proceeds of the revenues pledged to the payment of

29  such bonds as long as any such bonds remain outstanding unless

30  adequate provision has been made for the payment of such bonds

31  


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  1  pursuant to the documents authorizing the issuance of such

  2  bonds.

  3         4.  There shall be no liability on the part of, and no

  4  cause of action shall arise against any members or employees

  5  of the governing body of a local government for any actions

  6  taken by them in the performance of their duties under this

  7  paragraph.

  8         (c)  Florida Hurricane Catastrophe Fund Finance

  9  Corporation.--

10         1.  In addition to the findings and declarations in

11  subsection (1), the Legislature also finds and declares that:

12         a.  The public benefits corporation created under this

13  paragraph will provide a mechanism necessary for the

14  cost-effective and efficient issuance of bonds. This mechanism

15  will eliminate unnecessary costs in the bond issuance process,

16  thereby increasing the amounts available to pay reimbursement

17  for losses to property sustained as a result of hurricane

18  damage.

19         b.  The purpose of such bonds is to fund reimbursements

20  through the Florida Hurricane Catastrophe Fund to pay for the

21  costs of construction, reconstruction, repair, restoration,

22  and other costs associated with damage to properties of

23  policyholders of covered policies due to the occurrence of a

24  hurricane.

25         c.  The efficacy of the financing mechanism will be

26  enhanced by the corporation's ownership of the assessments, by

27  the insulation of the assessments from possible bankruptcy

28  proceedings, and by covenants of the state with the

29  corporation's bondholders.

30  

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 228.  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 229.  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 230.  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 231.  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 232.  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 233.  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 234.  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 235.  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 236.  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 237.  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 238.  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 239.  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 240.  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 241.  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.

10         Section 242.  Paragraphs (a), (c), (j), (n), (p), and

11  (s) of subsection (2), subsections (3) and (4), paragraphs (a)

12  and (b) of subsection (5), paragraphs (a) and (d) of

13  subsection (6), paragraphs (a) and (c) of subsection (7),

14  paragraphs (e) and (g) of subsection (8), paragraph (e) of

15  subsection (9), and paragraphs (d) and (f) of subsection (10)

16  of section 215.97, Florida Statutes, are amended to read:

17         215.97  Florida Single Audit Act.--

18         (2)  Definitions; as used in this section, the term:

19         (a)  "Audit threshold" means the amount to use in

20  determining when a state single audit of a nonstate entity

21  shall be conducted in accordance with this section. Each

22  nonstate entity that expends a total amount of state financial

23  assistance equal to or in excess of $300,000 in any fiscal

24  year of such nonstate entity shall be required to have a state

25  single audit for such fiscal year in accordance with the

26  requirements of this section. Every 2 years the Auditor

27  General, after consulting with the Executive Office of the

28  Governor, the Chief Financial Officer Comptroller, and all

29  state agencies that provide state financial assistance to

30  nonstate entities, shall review the amount for requiring

31  


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  1  audits under this section and may adjust such dollar amount

  2  consistent with the purpose of this section.

  3         (c)  "Catalog of State Financial Assistance" means a

  4  comprehensive listing of state projects. The Catalog of State

  5  Financial Assistance shall be issued by the Executive Office

  6  of the Governor after conferring with the Chief Financial

  7  Officer Comptroller and all state agencies that provide state

  8  financial assistance to nonstate entities. The Catalog of

  9  State Financial Assistance shall include for each listed state

10  project: the responsible state agency; standard state project

11  number identifier; official title; legal authorization; and

12  description of the state project, including objectives,

13  restrictions, application and awarding procedures, and other

14  relevant information determined necessary.

15         (j)  "Major state project" means any state project

16  meeting the criteria as stated in the rules of the Executive

17  Office of the Governor. Such criteria shall be established

18  after consultation with the Chief Financial Officer

19  Comptroller and appropriate state agencies that provide state

20  financial assistance and shall consider the amount of state

21  project expenditures or expenses or inherent risks. Each major

22  state project shall be audited in accordance with the

23  requirements of this section.

24         (n)  "Schedule of State Financial Assistance" means a

25  document prepared in accordance with the rules of the Chief

26  Financial Officer Comptroller and included in each financial

27  reporting package required by this section.

28         (p)  "State financial assistance" means financial

29  assistance from state resources, not including federal

30  financial assistance and state matching, provided to nonstate

31  entities to carry out a state project. "State financial


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  1  assistance" includes all types of state assistance as stated

  2  in the rules of the Executive Office of the Governor

  3  established in consultation with the Chief Financial Officer

  4  Comptroller and appropriate state agencies that provide state

  5  financial assistance. It includes state financial assistance

  6  provided directly by state awarding agencies or indirectly by

  7  recipients of state awards or subrecipients. It does not

  8  include procurement contracts used to buy goods or services

  9  from vendors. Audits of such procurement contracts with

10  vendors are outside of the scope of this section. Also, audits

11  of contracts to operate state-government-owned and

12  contractor-operated facilities are excluded from the audit

13  requirements of this section.

14         (s)  "State Projects Compliance Supplement" means a

15  document issued by the Executive Office of the Governor, in

16  consultation with the Chief Financial Officer Comptroller and

17  all state agencies that provide state financial assistance.

18  The State Projects Compliance Supplement shall identify state

19  projects, the significant compliance requirements, eligibility

20  requirements, matching requirements, suggested audit

21  procedures, and other relevant information determined

22  necessary.

23         (3)  The Executive Office of the Governor shall:

24         (a)  Upon conferring with the Chief Financial Officer

25  Comptroller and all state awarding agencies, adopt rules

26  necessary to provide appropriate guidance to state awarding

27  agencies, recipients and subrecipients, and independent

28  auditors of state financial assistance relating to the

29  requirements of this section, including:

30         1.  The types or classes of financial assistance

31  considered to be state financial assistance which would be


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  1  subject to the requirements of this section. This would

  2  include guidance to assist in identifying when the state

  3  agency or recipient has contracted with a vendor rather than

  4  with a recipient or subrecipient.

  5         2.  The criteria for identifying a major state project.

  6         3.  The criteria for selecting state projects for

  7  audits based on inherent risk.

  8         (b)  Be responsible for coordinating the initial

  9  preparation and subsequent revisions of the Catalog of State

10  Financial Assistance after consultation with the Chief

11  Financial Officer Comptroller and all state awarding agencies.

12         (c)  Be responsible for coordinating the initial

13  preparation and subsequent revisions of the State Projects

14  Compliance Supplement, after consultation with the Chief

15  Financial Officer Comptroller and all state awarding agencies.

16         (4)  The Chief Financial Officer Comptroller shall:

17         (a)  Make enhancements to the state's accounting system

18  to provide for the:

19         1.  Recording of state financial assistance and federal

20  financial assistance appropriations and expenditures within

21  the state awarding agencies' operating funds.

22         2.  Recording of state project number identifiers, as

23  provided in the Catalog of State Financial Assistance, for

24  state financial assistance.

25         3.  Establishment and recording of an identification

26  code for each financial transaction, including state agencies'

27  disbursements of state financial assistance and federal

28  financial assistance, as to the corresponding type or

29  organization that is party to the transaction (e.g., other

30  governmental agencies, nonprofit organizations, and for-profit

31  organizations), and disbursements of federal financial


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  1  assistance, as to whether the party to the transaction is or

  2  is not a recipient or subrecipient.

  3         (b)  Upon conferring with the Executive Office of the

  4  Governor and all state awarding agencies, adopt rules

  5  necessary to provide appropriate guidance to state awarding

  6  agencies, recipients and subrecipients, and independent

  7  auditors of state financial assistance relating to the format

  8  for the Schedule of State Financial Assistance.

  9         (c)  Perform any inspections, reviews, investigations,

10  or audits of state financial assistance considered necessary

11  in carrying out the Chief Financial Officer's Comptroller's

12  legal responsibilities for state financial assistance or to

13  comply with the requirements of this section.

14         (5)  Each state awarding agency shall:

15         (a)  Provide to a recipient information needed by the

16  recipient to comply with the requirements of this section,

17  including:

18         1.  The audit and accountability requirements for state

19  projects as stated in this section and applicable rules of the

20  Executive Office of the Governor, rules of the Chief Financial

21  Officer Comptroller, and rules of the Auditor General.

22         2.  Information from the Catalog of State Financial

23  Assistance, including the standard state project number

24  identifier; official title; legal authorization; and

25  description of the state project including objectives,

26  restrictions, and other relevant information determined

27  necessary.

28         3.  Information from the State Projects Compliance

29  Supplement, including the significant compliance requirements,

30  eligibility requirements, matching requirements, suggested

31  


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  1  audit procedures, and other relevant information determined

  2  necessary.

  3         (b)  Require the recipient, as a condition of receiving

  4  state financial assistance, to allow the state awarding

  5  agency, the Chief Financial Officer Comptroller, and the

  6  Auditor General access to the recipient's records and the

  7  recipient's independent auditor's working papers as necessary

  8  for complying with the requirements of this section.

  9         (6)  As a condition of receiving state financial

10  assistance, each recipient that provides state financial

11  assistance to a subrecipient shall:

12         (a)  Provide to a subrecipient information needed by

13  the subrecipient to comply with the requirements of this

14  section, including:

15         1.  Identification of the state awarding agency.

16         2.  The audit and accountability requirements for state

17  projects as stated in this section and applicable rules of the

18  Executive Office of the Governor, rules of the Chief Financial

19  Officer Comptroller, and rules of the Auditor General.

20         3.  Information from the Catalog of State Financial

21  Assistance, including the standard state project number

22  identifier; official title; legal authorization; and

23  description of the state project, including objectives,

24  restrictions, and other relevant information.

25         4.  Information from the State Projects Compliance

26  Supplement including the significant compliance requirements,

27  eligibility requirements, matching requirements, and suggested

28  audit procedures, and other relevant information determined

29  necessary.

30         (d)  Require subrecipients, as a condition of receiving

31  state financial assistance, to permit the independent auditor


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  1  of the recipient, the state awarding agency, the Chief

  2  Financial Officer Comptroller, and the Auditor General access

  3  to the subrecipient's records and the subrecipient's

  4  independent auditor's working papers as necessary to comply

  5  with the requirements of this section.

  6         (7)  Each recipient or subrecipient of state financial

  7  assistance shall comply with the following:

  8         (a)  Each nonstate entity that receives state financial

  9  assistance and meets audit threshold requirements, in any

10  fiscal year of the nonstate entity, as stated in the rules of

11  the Auditor General, shall have a state single audit conducted

12  for such fiscal year in accordance with the requirements of

13  this act and with additional requirements established in rules

14  of the Executive Office of the Governor, rules of the Chief

15  Financial Officer Comptroller, and rules of the Auditor

16  General. If only one state project is involved in a nonstate

17  entity's fiscal year, the nonstate entity may elect to have

18  only a state project-specific audit of the state project for

19  that fiscal year.

20         (c)  Regardless of the amount of the state financial

21  assistance, the provisions of this section do not exempt a

22  nonstate entity from compliance with provisions of law

23  relating to maintaining records concerning state financial

24  assistance to such nonstate entity or allowing access and

25  examination of those records by the state awarding agency, the

26  Chief Financial Officer Comptroller, or the Auditor General.

27         (8)  The independent auditor when conducting a state

28  single audit of recipients or subrecipients shall:

29         (e)  Report on the results of any audit conducted

30  pursuant to this section in accordance with the rules of the

31  Executive Office of the Governor, rules of the Chief Financial


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  1  Officer Comptroller, and rules of the Auditor General. Audit

  2  reports shall include summaries of the auditor's results

  3  regarding the nonstate entity's financial statements; Schedule

  4  of State Financial Assistance; internal controls; and

  5  compliance with laws, rules, and guidelines.

  6         (g)  Upon notification by the nonstate entity, make

  7  available the working papers relating to the audit conducted

  8  pursuant to the requirements of this section to the state

  9  awarding agency, the Chief Financial Officer Comptroller, or

10  the Auditor General for review or copying.

11         (9)  The independent auditor, when conducting a state

12  project-specific audit of recipients or subrecipients, shall:

13         (e)  Upon notification by the nonstate entity, make

14  available the working papers relating to the audit conducted

15  pursuant to the requirements of this section to the state

16  awarding agency, the Chief Financial Officer Comptroller, or

17  the Auditor General for review or copying.

18         (10)  The Auditor General shall:

19         (d)  Provide technical advice upon request of the Chief

20  Financial Officer Comptroller, Executive Office of the

21  Governor, and state agencies relating to financial reporting

22  and audit responsibilities contained in this section.

23         (f)  Perform ongoing reviews of a sample of financial

24  reporting packages filed pursuant to the requirements of this

25  section to determine compliance with the reporting

26  requirements of this section and applicable rules of the

27  Executive Office of the Governor, rules of the Chief Financial

28  Officer Comptroller, and rules of the Auditor General.

29         Section 243.  Paragraph (a) of subsection (2) of

30  section 216.0442, Florida Statutes, is amended to read:

31  


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  1         216.0442  Truth in bonding; definitions; summary of

  2  state debt; statement of proposed financing; truth-in-bonding

  3  statement.--

  4         (2)  When required by statute to support the proposed

  5  debt financing of fixed capital outlay projects or operating

  6  capital outlay requests or to explain the issuance of a debt

  7  or obligation, one or more of the following documents shall be

  8  developed:

  9         (a)  A summary of outstanding state debt as furnished

10  by the Chief Financial Officer Comptroller pursuant to s.

11  216.102.

12         Section 244.  Section 216.102, Florida Statutes, is

13  amended to read:

14         216.102  Filing of financial information; handling by

15  Chief Financial Officer Comptroller; penalty for

16  noncompliance.--

17         (1)  By September 30 of each year, each agency

18  supported by any form of taxation, licenses, fees, imposts, or

19  exactions, the judicial branch, and, for financial reporting

20  purposes, each component unit of the state as determined by

21  the Chief Financial Officer Comptroller shall prepare, using

22  generally accepted accounting principles, and file with the

23  Chief Financial Officer Comptroller the financial and other

24  information necessary for the preparation of annual financial

25  statements for the State of Florida as of June 30. In

26  addition, each such agency and the judicial branch shall

27  prepare financial statements showing the financial position

28  and results of agency or branch operations as of June 30 for

29  internal management purposes.

30         (a)  Each state agency and the judicial branch shall

31  record the receipt and disbursement of funds from federal


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  1  sources in a form and format prescribed by the Chief Financial

  2  Officer Comptroller. The access to federal funds by the

  3  administering agencies or the judicial branch may not be

  4  authorized until:

  5         1.  The deposit has been recorded in the Florida

  6  Accounting Information Resource Subsystem using proper,

  7  consistent codes that designate deposits as federal funds.

  8         2.  The deposit and appropriate recording required by

  9  this paragraph have been verified by the Office of the Chief

10  Financial Officer Treasurer.

11         (b)  The Chief Financial Officer Comptroller shall

12  publish a statewide policy detailing the requirements for

13  recording receipt and disbursement of federal funds into the

14  Florida Accounting Information Resource Subsystem and provide

15  technical assistance to the agencies and the judicial branch

16  to implement the policy.

17         (2)  Financial information must be contained within the

18  Florida Accounting Information Resource Subsystem. Other

19  information must be submitted in the form and format

20  prescribed by the Chief Financial Officer Comptroller.

21         (a)  Each component unit shall file financial

22  information and other information necessary for the

23  preparation of annual financial statements with the agency or

24  branch designated by the Chief Financial Officer Comptroller

25  by the date specified by the Chief Financial Officer

26  Comptroller.

27         (b)  The state agency or branch designated by the Chief

28  Financial Officer Comptroller to receive financial information

29  and other information from component units shall include the

30  financial information in the Florida Accounting Information

31  Resource Subsystem and shall include the component units'


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  1  other information in its submission to the Chief Financial

  2  Officer Comptroller.

  3         (3)  The Chief Financial Officer Comptroller shall:

  4         (a)  Prepare and furnish to the Auditor General annual

  5  financial statements for the state on or before December 31 of

  6  each year, using generally accepted accounting principles.

  7         (b)  Prepare and publish a comprehensive annual

  8  financial report for the state in accordance with generally

  9  accepted accounting principles on or before February 28 of

10  each year.

11         (c)  Furnish the Governor, the President of the Senate,

12  and the Speaker of the House of Representatives with a copy of

13  the comprehensive annual financial report prepared pursuant to

14  paragraph (b).

15         (d)  Notify each agency and the judicial branch of the

16  data that is required to be recorded to enhance accountability

17  for tracking federal financial assistance.

18         (e)  Provide reports, as requested, to executive or

19  judicial branch entities, the President of the Senate, the

20  Speaker of the House of Representatives, and the members of

21  the Florida Congressional Delegation, detailing the federal

22  financial assistance received and disbursed by state agencies

23  and the judicial branch.

24         (f)  Consult with and elicit comments from the

25  Executive Office of the Governor on changes to the Florida

26  Accounting Information Resource Subsystem which clearly affect

27  the accounting of federal funds, so as to ensure consistency

28  of information entered into the Federal Aid Tracking System by

29  state executive and judicial branch entities. While efforts

30  shall be made to ensure the compatibility of the Florida

31  Accounting Information Resource Subsystem and the Federal Aid


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  1  Tracking System, any successive systems serving identical or

  2  similar functions shall preserve such compatibility.

  3  

  4  The Chief Financial Officer Comptroller may furnish and

  5  publish in electronic form the financial statements and the

  6  comprehensive annual financial report required under

  7  paragraphs (a), (b), and (c).

  8         (4)  If any agency or the judicial branch fails to

  9  comply with subsection (1) or subsection (2), the Chief

10  Financial Officer Comptroller may refuse to honor salary

11  claims for agency or branch fiscal and executive staff until

12  the agency or branch corrects its deficiency.

13         (5)  The Chief Financial Officer Comptroller may

14  withhold any funds payable to a component unit that does not

15  comply with subsection (1) or subsection (2) until the

16  component unit corrects its deficiency.

17         (6)  The Chief Financial Officer Comptroller may adopt

18  rules to administer this section.

19         Section 245.  Subsections (1) and (3) of section

20  216.141, Florida Statutes, are amended to read:

21         216.141  Budget system procedures; planning and

22  programming by state agencies.--

23         (1)  The Executive Office of the Governor, in

24  consultation with the appropriations committees of the Senate

25  and House of Representatives, and by utilizing the Florida

26  Financial Management Information System management data and

27  the Chief Financial Officer's Comptroller's chart of accounts,

28  shall prescribe a planning and budgeting system, pursuant to

29  s. 215.94(1), to provide for continuous planning and

30  programming and for effective management practices for the

31  efficient operations of all state agencies and the judicial


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  1  branch. The Legislature may contract with the Executive Office

  2  of the Governor to develop the planning and budgeting system

  3  and to provide services to the Legislature for the support and

  4  use of the legislative appropriations system.  The contract

  5  shall include the policies and procedures for combining the

  6  legislative appropriations system with the planning and

  7  budgeting information system established pursuant to s.

  8  215.94(1). At a minimum, the contract shall require the use of

  9  common data codes. The combined legislative appropriations and

10  planning and budgeting information subsystem shall support the

11  legislative appropriations and legislative oversight functions

12  without data code conversion or modification.

13         (3)  The Chief Financial Officer Comptroller, as chief

14  fiscal officer, shall use the Florida Accounting Information

15  Resource Subsystem developed pursuant to s. 215.94(2) for

16  account purposes in the performance of and accounting for all

17  of his or her constitutional and statutory duties and

18  responsibilities.  However, state agencies and the judicial

19  branch continue to be responsible for maintaining accounting

20  records necessary for effective management of their programs

21  and functions.

22         Section 246.  Subsection (1) of section 216.177,

23  Florida Statutes, is amended to read:

24         216.177  Appropriations acts, statement of intent,

25  violation, notice, review and objection procedures.--

26         (1)  When an appropriations act is delivered to the

27  Governor after the Legislature has adjourned sine die, as soon

28  as practicable, but no later than the 10th day before the end

29  of the period allowed by law for veto consideration in any

30  year in which an appropriation is made, the chairs of the

31  legislative appropriations committees shall jointly transmit:


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  1         (a)  The official list of General Revenue Fund

  2  appropriations determined in consultation with the Executive

  3  Office of the Governor to be nonrecurring; and

  4         (b)  The documents set forth in s. 216.0442(2)(a) and

  5  (c),

  6  

  7  to the Executive Office of the Governor, the Chief Financial

  8  Officer Comptroller, the Auditor General, the director of the

  9  Office of Program Policy Analysis and Government

10  Accountability, the Chief Justice of the Supreme Court, and

11  each state agency. A request for additional explanation and

12  direction regarding the legislative intent of the General

13  Appropriations Act during the fiscal year may be made to the

14  chair and vice chair of the Legislative Budget Commission or

15  the President of the Senate and the Speaker of the House of

16  Representatives only by and through the Executive Office of

17  the Governor for state agencies, and by and through the Chief

18  Justice of the Supreme Court for the judicial branch, as is

19  deemed necessary. However, the Chief Financial Officer

20  Comptroller may also request further clarification of

21  legislative intent pursuant to the Chief Financial Officer's

22  Comptroller's responsibilities related to his or her preaudit

23  function of expenditures.

24         Section 247.  Subsections (6), (12), and (14) and

25  paragraph (b) of subsection (16) of section 216.181, Florida

26  Statutes, are amended to read:

27         216.181  Approved budgets for operations and fixed

28  capital outlay.--

29         (6)(a)  The Executive Office of the Governor or the

30  Chief Justice of the Supreme Court may require the submission

31  of a detailed plan from the agency or entity of the judicial


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  1  branch affected, consistent with the General Appropriations

  2  Act, special appropriations acts, and the statement of intent

  3  before transferring and releasing the balance of a lump-sum

  4  appropriation. The provisions of this paragraph are subject to

  5  the notice and review procedures set forth in s. 216.177.

  6         (b)  The Executive Office of the Governor and the Chief

  7  Justice of the Supreme Court may amend, without approval of

  8  the Legislative Budget Commission, state agency and judicial

  9  branch entity budgets, respectively, to reflect the

10  transferred funds based on the approved plans for lump-sum

11  appropriations.

12  

13  The Executive Office of the Governor shall transmit to each

14  state agency and the Chief Financial Officer Comptroller, and

15  the Chief Justice shall transmit to each judicial branch

16  component and the Chief Financial Officer Comptroller, any

17  approved amendments to the approved operating budgets.

18         (12)  There is appropriated nonoperating budget for

19  refunds, payments to the United States Treasury, payments of

20  the service charge to the General Revenue Fund, and transfers

21  of funds specifically required by law. Such authorized budget,

22  together with related releases, shall be transmitted by the

23  state agency or by the judicial branch to the Chief Financial

24  Officer Comptroller for entry in his or her the Comptroller's

25  records in the manner and format prescribed by the Executive

26  Office of the Governor in consultation with the Chief

27  Financial Officer Comptroller. A copy of such authorized

28  budgets shall be furnished to the Executive Office of the

29  Governor or the Chief Justice, the chairs of the legislative

30  committees responsible for developing the general

31  appropriations acts, and the Auditor General. The Governor may


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  1  withhold approval of nonoperating investment authority for

  2  certain trust funds when deemed in the best interest of the

  3  state. The Governor for the executive branch, and the Chief

  4  Justice for the judicial branch, may establish nonoperating

  5  budgets for transfers, purchase of investments, special

  6  expenses, distributions, and any other nonoperating budget

  7  categories they deem necessary and in the best interest of the

  8  state and consistent with legislative intent and policy. The

  9  provisions of this subsection are subject to the notice,

10  review, and objection procedures set forth in s. 216.177. For

11  purposes of this section, the term "nonoperating budgets"

12  means nonoperating disbursement authority for purchase of

13  investments, refunds, payments to the United States Treasury,

14  transfers of funds specifically required by law, distributions

15  of assets held by the state in a trustee capacity as an agent

16  of fiduciary, special expenses, and other nonoperating budget

17  categories as determined necessary by the Executive Office of

18  the Governor, not otherwise appropriated in the General

19  Appropriations Act.

20         (14)  The Executive Office of the Governor and the

21  Chief Justice of the Supreme Court shall certify the amounts

22  approved for operations and fixed capital outlay, together

23  with any relevant supplementary materials or information, to

24  the Chief Financial Officer Comptroller; and such

25  certification shall be the Chief Financial Officer's

26  Comptroller's guide with reference to the expenditures of each

27  state agency pursuant to s. 216.192.

28         (16)

29         (b)  Any agency, or the judicial branch, that has been

30  authorized by the General Appropriations Act or expressly

31  authorized by other law to make advances for program startup


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  1  or advances for contracted services, in total or periodically,

  2  shall limit such disbursements to other governmental entities

  3  and not-for-profit corporations.  The amount which may be

  4  advanced shall not exceed the expected cash needs of the

  5  contractor or recipient within the initial 3 months.

  6  Thereafter, disbursements shall only be made on a

  7  reimbursement basis.  Any agreement that provides for

  8  advancements may contain a clause that permits the contractor

  9  or recipient to temporarily invest the proceeds, provided that

10  any interest income shall either be returned to the agency or

11  be applied against the agency's obligation to pay the contract

12  amount.  This paragraph does not constitute lawful authority

13  to make any advance payment not otherwise authorized by laws

14  relating to a particular agency or general laws relating to

15  the expenditure or disbursement of public funds. The Chief

16  Financial Officer Comptroller may, after consultation with the

17  legislative appropriations committees, advance funds beyond a

18  3-month requirement if it is determined to be consistent with

19  the intent of the approved operating budget.

20         Section 248.  Section 216.183, Florida Statutes, is

21  amended to read:

22         216.183  Entities using performance-based program

23  budgets; chart of accounts.--State agencies and the judicial

24  branch for which a performance-based program budget has been

25  appropriated shall utilize the chart of accounts used by the

26  Florida Accounting Information Resource Subsystem in the

27  manner described in s. 215.93(3). The chart of accounts for

28  state agencies and the judicial branch for which a

29  performance-based program budget has been appropriated shall

30  be developed and amended, if necessary, in consultation with

31  the Department of Financial Services Banking and Finance, the


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  1  Executive Office of the Governor, and the chairs of the

  2  Legislative Budget Commission.

  3         Section 249.  Subsections (1) and (4) of section

  4  216.192, Florida Statutes, are amended to read:

  5         216.192  Release of appropriations; revision of

  6  budgets.--

  7         (1)  Unless otherwise provided in the General

  8  Appropriations Act, on July 1 of each fiscal year, up to 25

  9  percent of the original approved operating budget of each

10  agency and of the judicial branch may be released until such

11  time as annual plans for quarterly releases for all

12  appropriations have been developed, approved, and furnished to

13  the Chief Financial Officer Comptroller by the Executive

14  Office of the Governor for state agencies and by the Chief

15  Justice of the Supreme Court for the judicial branch.  The

16  plans, including appropriate plans of releases for fixed

17  capital outlay projects that correspond with each project

18  schedule, shall attempt to maximize the use of trust funds and

19  shall be transmitted to the Chief Financial Officer

20  Comptroller by August 1 of each fiscal year. Such releases

21  shall at no time exceed the total appropriations available to

22  a state agency or to the judicial branch, or the approved

23  budget for such agency or the judicial branch if less. The

24  Chief Financial Officer Comptroller shall enter such releases

25  in his or her records in accordance with the release plans

26  prescribed by the Executive Office of the Governor and the

27  Chief Justice, unless otherwise amended as provided by law.

28  The Executive Office of the Governor and the Chief Justice

29  shall transmit a copy of the approved annual releases to the

30  head of the state agency, the chair and vice chair of the

31  Legislative Budget Commission, and the Auditor General. The


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  1  Chief Financial Officer Comptroller shall authorize all

  2  expenditures to be made from the appropriations on the basis

  3  of such releases and in accordance with the approved budget,

  4  and not otherwise. Expenditures shall be authorized only in

  5  accordance with legislative authorizations. Nothing herein

  6  precludes periodic reexamination and revision by the Executive

  7  Office of the Governor or by the Chief Justice of the annual

  8  plans for release of appropriations and the notifications of

  9  the parties of all such revisions.

10         (4)  The legislative appropriations committees may

11  advise the Chief Financial Officer Comptroller, the Executive

12  Office of the Governor, or the Chief Justice relative to the

13  release of any funds under this section.

14         Section 250.  Subsection (1) of section 216.212,

15  Florida Statutes, is amended to read:

16         216.212  Budgets for federal funds; restrictions on

17  expenditure of federal funds.--

18         (1)  The Executive Office of the Governor and, the

19  office of the Chief Financial Officer Comptroller, and the

20  office of the Treasurer shall develop and implement procedures

21  for accelerating the drawdown of, and minimizing the payment

22  of interest on, federal funds.  The Executive Office of the

23  Governor shall establish a clearinghouse for federal programs

24  and activities.  The clearinghouse shall develop the capacity

25  to respond to federal grant opportunities and to coordinate

26  the use of federal funds in the state.

27         (a)  Every state agency, when making a request or

28  preparing a budget to be submitted to the Federal Government

29  for funds, equipment, material, or services, shall submit such

30  request or budget to the Executive Office of the Governor for

31  review before submitting it to the proper federal authority.


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  1  However, the Executive Office of the Governor may specifically

  2  authorize any agency to submit specific types of grant

  3  proposals directly to the Federal Government.

  4         (b)  Every office or court of the judicial branch, when

  5  making a request or preparing a budget to be submitted to the

  6  Federal Government for funds, equipment, material, or

  7  services, shall submit such request or budget to the Chief

  8  Justice of the Supreme Court for approval before submitting it

  9  to the proper federal authority.  However, the Chief Justice

10  may specifically authorize any court to submit specific types

11  of grant proposals directly to the Federal Government.

12         Section 251.  Subsections (8), (9), and (10) of section

13  216.221, Florida Statutes, are amended to read:

14         216.221  Appropriations as maximum appropriations;

15  adjustment of budgets to avoid or eliminate deficits.--

16         (8)  The Chief Financial Officer Comptroller also has

17  the duty to ensure that revenues being collected will be

18  sufficient to meet the appropriations and that no deficit

19  occurs in any fund of the state.

20         (9)  If, in the opinion of the Chief Financial Officer

21