December 09, 2019
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Senate Bill 0662

Senate Bill sb0662e2

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




    CS for CS for SB's 662 & 232                  Second 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                  Second 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                  Second 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                  Second 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                  Second 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                  Second 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                  Second 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                  Second 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; providing effective

21         dates.

22

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

24

25         Section 1.  Section 17.001, Florida Statutes, is

26  created to read:

27         17.001  Financial Officer.--As provided in s. 4(c),

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

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

30  for settling and approving accounts against the state and

31  keeping all state funds and securities.


                                  8

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



  1         Section 2.  Section 20.121, Florida Statutes, is

  2  created to read:

  3         20.121  Department of Financial Services.--There is

  4  created a Department of Financial Services.

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

  6  is the Chief Financial Officer.

  7         (2)  The Department of Financial Services shall consist

  8  of the following divisions:

  9         (a)  Division of Treasury.

10         (b)  Division of Consumer Services.

11         (c)  Division of Insurance. Division responsibilities,

12  as provided in the Florida Insurance Code, include issuing

13  certificates of authority to insurers, regulatory oversight of

14  insurer solvency, approving policy forms and rates, performing

15  market conduct examinations, and enforcing statutes related to

16  insurers.

17         (d)  Division of Financial Institutions and Securities,

18  which shall consist of the following bureaus:

19         1.  Bureau of Banking;

20         2.  Bureau of Securities;

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

22         4.  Bureau of Regulation.

23

24  Division responsibilities include licensure, examination, and

25  regulation of state-chartered financial institutions, as

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

27  enforcing chapter 517, the Florida Securities and Investor

28  Protection Act; chapter 494, relating to mortgage brokerage

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

30  chapter 520, relating to retail installment sales; those

31  sections in chapter 559 relating to collection agencies;


                                  9

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



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

  2  chapter 497 related to the department's responsibilities with

  3  respect to cemeteries and preneed services; and certifying and

  4  reviewing certified capital companies, as provided in s.

  5  288.99.

  6         (e)  Division of Risk Management.

  7         (f)  Division of State Fire Marshal.

  8         (g)  Division of Insurance Fraud.

  9         (h)  Division of Rehabilitation and Liquidation.

10         (i)  Division of Information Systems.

11         (j)  Division of Legal Services.

12         (k)  Division of Financial Investigations.

13         (l)  Division of Accounting and Auditing.

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

15         (n)  Division of Administration.

16         (o)  The Division of Workers' Compensation.

17         (3)  The Division of Financial Institutions and

18  Securities and the Division of Insurance shall each be headed

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

20  agency heads for purposes of chapter 120 and shall be

21  responsible for final agency action with regard to the

22  implementation and enforcement of statutes and rules under the

23  regulatory authority delegated to their divisions and

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

25  Financial Institutions and Securities and the Director of the

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

27  in consultation with the Chief Financial Officer. Pursuant to

28  Art. IV, s. (6)(a) of the State Constitution, before entering

29  upon the duties of office, a director must be confirmed by all

30  three members of the Cabinet. At any time after a director

31  enters upon the duties of office, if the Governor or any


                                  10

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



  1  member of the Cabinet so requests, in writing, for any reason,

  2  the Governor shall call for a vote, within 30 days, on whether

  3  the subject director will continue in office. If a director

  4  fails to obtain the affirmative vote of a majority of the

  5  Governor and Cabinet, the subject director is removed from

  6  office, the office becomes vacant on the date specified in the

  7  Governor's order, and the Governor shall appoint a replacement

  8  director in the manner provided for in this subsection.

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

10  the Division of Financial Institutions and Securities must

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

12  financial institutions or securities or at least 5 years of

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

14  having regulatory responsibility over financial institutions

15  or securities.

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

17  the Division of Insurance must have had private-sector

18  experience working in an area that is under the regulatory

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

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

21  having regulatory responsibility over an area of the business

22  of insurance.

23         (c)  The Division of Financial Institutions and

24  Securities and the Division of Insurance are administratively

25  housed within the Department of Financial Services. For

26  purposes of budget and personnel matters, each of these

27  divisions shall contract with the department for a sufficient

28  number of attorneys, investigators, other professional

29  personnel, and administrative personnel as determined annually

30  in the appropriations process. The department shall provide

31  support services to each division pursuant to an agreement


                                  11

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



  1  entered into between the Chief Financial Officer and the

  2  respective division director.

  3         (d)  The Division of Financial Investigations shall

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

  5  943.045(10)(e).

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

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

  8  division, shall administer the Government Employees Deferred

  9  Compensation Plan established under section 112.215, Florida

10  Statutes, for state employees.

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

12  Workers' Compensation of the Department of Labor and

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

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

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

16  employees transferred to the Department of Insurance or

17  reassigned or reclassified by the Department of Insurance

18  shall be subject to a probationary period as provided in

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

20  take effect if committee substitute for Senate Bill 2340 or

21  similar legislation transferring the Division of Workers'

22  Compensation becomes a law.

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

24  any judicial or administrative action involving the Department

25  of Banking and Finance or the Department of Insurance pending

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

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

28  action. However, if the action involves the constitutional

29  functions of the Comptroller or Treasurer, the Chief Financial

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

31


                                  12

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



  1         Section 6.  The Department of Banking and Finance and

  2  the Department of Insurance are transferred by a type two

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

  4  the Department of Financial Services.

  5         Section 7.  Any binding contract or interagency

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

  7  Department of Insurance, the Department of Banking and

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

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

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

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

12  agreement with the successor department, agency or entity

13  responsible for the program, activity, or functions relative

14  to the contract or agreement.

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

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

17  repealed.

18         Section 9.  The Chief Financial Officer is authorized

19  to organize the Department of Financial Services in a manner

20  to promote efficiency and accountability, subject to the

21  provisions of this act.

22         Section 10.  Section 11.12, Florida Statutes, is

23  amended to read:

24         11.12  Salary, subsistence, and mileage of members and

25  employees; expenses authorized by resolution; appropriation;

26  preaudit by Comptroller.--

27         (1)  The Chief Financial Officer Treasurer is

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

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

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

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


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  1  Officer Treasurer is authorized to pay the compensation of

  2  employees of the Legislature, together with reimbursement for

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

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

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

  6  adopted by the respective houses, provided the total amount

  7  appropriated to the legislative branch shall not be altered,

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

  9  compensation of the employees of the respective houses and of

10  their committees shall be determined as provided by the rules

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

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

13  the Legislature, and those employees who change their places

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

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

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

17  of Representatives for House employees. Such employees, in

18  addition to subsistence, shall be paid transportation expenses

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

20  transportation between their homes and the seat of government

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

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

23  session of the Legislature.

24         (2)  All vouchers covering legislative expenses shall

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

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

27  therefor.

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

29  11.13, Florida Statutes, is amended to read:

30         11.13  Compensation of members.--

31         (5)


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

  2  forms prescribed by the Chief Financial Officer Comptroller

  3  requested allotments of appropriations for the fiscal year. It

  4  shall be the duty of the Chief Financial Officer Comptroller

  5  to release the funds and authorize the expenditures for the

  6  legislative branch to be made from the appropriations on the

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

  8  such allotments shall not exceed the total appropriations

  9  available for the fiscal year.

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

11  Statutes, is amended to read:

12         11.147  Office of Legislative Services.--

13         (4)  The Office of Legislative Services shall deliver

14  such vouchers covering legislative expenses as required to the

15  Chief Financial Officer Comptroller and, if found to be

16  correct, state warrants shall be issued therefor.

17         Section 13.  Section 11.151, Florida Statutes, is

18  amended to read:

19         11.151  Annual legislative appropriation to contingency

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

21  established a legislative contingency fund consisting of

22  $10,000 for the President of the Senate and $10,000 for the

23  Speaker of the House of Representatives, which amounts shall

24  be set aside annually from moneys appropriated for legislative

25  expense.  These funds shall be disbursed by the Chief

26  Financial Officer Comptroller upon receipt of vouchers

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

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

29  at the unrestricted discretion of the President of the Senate

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

31  their official duties during the entire period between the


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  1  date of their election as such officers at the organizational

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

  3  Constitution and the next general election.

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

  5  Statutes, is amended to read:

  6         11.40  Legislative Auditing Committee.--

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

  8  Department of Financial Services Banking and Finance, or the

  9  Division of Bond Finance of the State Board of Administration

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

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

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

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

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

15  committee shall determine if the entity should be subject to

16  further state action.  If the committee determines that the

17  entity should be subject to further state action, the

18  committee shall:

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

20  district school board, request the Department of Revenue and

21  the Department of Financial Services Banking and Finance to

22  withhold any funds not pledged for bond debt service

23  satisfaction which are payable to such entity until the entity

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

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

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

27  Financial Services Banking and Finance 30 days before the date

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

29  and the Department of Financial Services may Banking and

30  Finance are authorized to implement the provisions of this

31  paragraph.


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

  2  Department of Community Affairs that the special district has

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

  4  the Department of Community Affairs shall proceed pursuant to

  5  the provisions specified in ss. 189.421 and 189.422.

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

  7  technical career center, notify the appropriate sponsoring

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

  9  228.056 and 228.505.

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

11  11.42, Florida Statutes, is amended to read:

12         11.42  The Auditor General.--

13         (6)

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

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

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

17  payments shall be issued therefor.

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

19  Statutes, is amended to read:

20         13.05  Governor's Committee on Interstate

21  Cooperation.--

22         (1)  There is hereby established a committee of

23  administrative officials of this state to be officially known

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

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

26  Governor, Secretary of State, Attorney General, Chief

27  Financial Officer Comptroller, Treasurer, Commissioner of

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

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

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

31  an administrative official or employee of the state.


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  1         Section 17.  Section 14.055, Florida Statutes, is

  2  amended to read:

  3         14.055  Succession to office of Governor.--Upon vacancy

  4  in the office of Governor, the Lieutenant Governor shall

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

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

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

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

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

10  Financial Officer Comptroller shall become Governor; or if the

11  office of Comptroller be vacant, then the Treasurer shall

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

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

14  office of Chief Financial Officer Commissioner of Education be

15  vacant, then the Commissioner of Agriculture shall become

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

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

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

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

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

21  House and the President of the Senate shall convene the

22  Legislature by joint proclamation within 15 days for the

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

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

25  majority vote in a joint session of both houses.

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

27  Statutes, is amended to read:

28         14.057  Governor-elect; establishment of operating

29  fund.--

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

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


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  1  certification of his or her election by the Elections

  2  Canvassing Commission to his or her inauguration as Governor.

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

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

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

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

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

  8  relations and information adviser. The salary of the

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

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

11  except that the total expenditures chargeable to the state

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

13  amount appropriated to the operating fund. The Executive

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

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

16  suitable forms to provide for the reporting of all

17  expenditures therefrom. The Chief Financial Officer

18  Comptroller shall release moneys from this fund upon the

19  request of the Governor-elect properly filed.

20         Section 19.  Section 14.058, Florida Statutes, is

21  amended to read:

22         14.058  Inauguration expense fund.--There is

23  established an inauguration expense fund for the use of the

24  Governor-elect in planning and conducting the inauguration

25  ceremonies. The Governor-elect shall appoint an inauguration

26  coordinator and such staff as necessary to plan and conduct

27  the inauguration. Salaries for the inauguration coordinator

28  and the inauguration coordinator's staff shall be determined

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

30  expense fund. The Executive Office of the Governor shall

31  supply to the inauguration coordinator suitable forms to


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

  2  provide for the reporting of all expenditures therefrom. The

  3  Chief Financial Officer Comptroller shall release moneys from

  4  this fund upon the request of the inauguration coordinator

  5  properly filed.

  6         Section 20.  Section 14.202, Florida Statutes, is

  7  amended to read:

  8         14.202  Administration Commission.--There is created as

  9  part of the Executive Office of the Governor an Administration

10  Commission composed of the Governor and Cabinet. The Governor

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

12  Officer Comptroller may call a meeting of the commission

13  promptly each time the need therefor arises. Unless otherwise

14  provided herein, affirmative action by the commission shall

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

16  other members of the commission. The commission shall adopt

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

18  provisions of law conferring duties upon it.

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

20  14.203, Florida Statutes, is amended to read:

21         14.203  State Council on Competitive Government.--It is

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

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

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

25  recognizes that competition among service providers may

26  improve the quality of services provided, and that

27  competition, innovation, and creativity among service

28  providers should be encouraged.

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

30  council may:

31


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  1         (f)  Require that an identified state service be

  2  submitted to competitive bidding or another process that

  3  creates competition with private sources or other governmental

  4  entities. In determining whether an identified state service

  5  should be submitted to competitive bidding, the council shall

  6  consider, at a minimum:

  7         1.  Any constitutional and legal implications which may

  8  arise as a result of such action.

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

10  contractor.

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

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

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

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

15  Attorney General, and other such support agencies to the

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

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

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

19  the contract were awarded to another entity.

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

21  Statutes, is amended to read:

22         14.24  Florida Commission on the Status of Women.--

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

24  General the Florida Commission on the Status of Women,

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

26  Representatives, the President of the Senate, the Attorney

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

28  the Chief Financial Officer, Insurance Commissioner, the

29  Comptroller, the Secretary of State, the Commissioner of

30  Agriculture, and the Commissioner of Education shall each

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


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

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

  3  term of office of each member appointed by the Insurance

  4  Commissioner and the Comptroller expires; and the Chief

  5  Financial Officer shall reappoint one of the members who was

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

  7  Insurance Commissioner and one of such members who was

  8  appointed by the Comptroller. If possible, the reappointments

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

10  Officer's appointees remain staggered, but if both

11  reappointees were serving terms of the same length, the

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

13  maintained. The members appointed shall include persons who

14  represent rural and urban interests and the ethnic and

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

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

17  vacancy shall be filled for the remainder of the unexpired

18  term in the same manner as the original appointment.

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

20  Statutes, is amended to read:

21         15.09  Fees.--

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

23  appointment to office and from commissions to officers shall

24  be paid to the Chief Financial Officer Treasurer for deposit

25  in the General Revenue Fund.

26         Section 24.  Section 16.10, Florida Statutes, is

27  amended to read:

28         16.10  Receipt of Supreme Court reports for

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

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

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


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

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

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

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

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

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

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

  8  taking away of any book belonging to the Supreme Court

  9  library, kept for the use of said court.

10         Section 25.  Section 17.011, Florida Statutes, is

11  amended to read:

12         17.011  Assistant Chief Financial Officer

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

14  state may appoint an assistant comptroller to hold office

15  during the pleasure of the Chief Financial Officer

16  Comptroller.

17         Section 26.  Section 17.02, Florida Statutes, is

18  amended to read:

19         17.02  Place of residence and office.--The Chief

20  Financial Officer Comptroller shall reside at the seat of

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

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

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

24  through Friday of every week.

25         Section 27.  Section 17.03, Florida Statutes, is

26  amended to read:

27         17.03  To audit claims against the state.--

28         (1)  The Chief Financial Officer Comptroller of this

29  state, using generally accepted auditing procedures for

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

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


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

  2  issue a warrant to the Treasurer directing the payment

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

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

  5         (2)  The Chief Financial Officer Comptroller may

  6  establish dollar thresholds applicable to each invoice amount

  7  and other criteria for testing or sampling invoices on a

  8  preaudit and postaudit basis. The Chief Financial Officer

  9  Comptroller may revise such thresholds and other criteria for

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

11  appropriate.

12         (3)  The Chief Financial Officer Comptroller may adopt

13  and disseminate to the agencies procedural and documentation

14  standards for payment requests and may provide training and

15  technical assistance to the agencies for these standards.

16         (4)  The Chief Financial Officer Comptroller shall have

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

18  charged with the official responsibility of the protection and

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

20  The Chief Financial Officer Comptroller may delegate this

21  authority to other state agencies or officers.

22         Section 28.  Section 17.031, Florida Statutes, is

23  amended to read:

24         17.031  Security of Chief Financial Officer's

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

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

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

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

29  custody or control of the Chief Financial Officer Comptroller.

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

31  direction and supervision of the Chief Financial Officer


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  1  Comptroller, and their salaries and expenses shall be paid

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

  3  Comptroller.

  4         Section 29.  Section 17.04, Florida Statutes, is

  5  amended to read:

  6         17.04  To audit and adjust accounts of officers and

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

  8  Department of Banking and Finance of this state, using

  9  generally accepted auditing procedures for testing or

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

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

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

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

14  anywise indebted or accountable to this state for any

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

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

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

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

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

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

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

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

23  Investigations may conduct investigations within or outside of

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

25  this section.  If during an investigation the division has

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

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

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

29  enforcement or prosecutorial agencies and shall provide

30  investigative assistance to those agencies as required.

31


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  1         Section 30.  Section 17.0401, Florida Statutes, is

  2  amended to read:

  3         17.0401  Confidentiality of information relating to

  4  financial investigations.--Except as otherwise provided by

  5  this section, information relative to an investigation

  6  conducted by the Division of Financial Investigations pursuant

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

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

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

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

11  an investigation conducted by the division pursuant to s.

12  17.04 shall remain confidential and exempt from the provisions

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

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

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

16  enforcement or prosecutorial agency for further investigation.

17  Such information shall remain confidential and exempt from the

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

19  Constitution until that agency's investigation is completed or

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

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

22  division or any law enforcement or prosecutorial agency is

23  proceeding with reasonable dispatch and has a reasonable good

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

25  an administrative, civil, or criminal proceeding.  This

26  section shall not be construed to prohibit disclosure of

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

28  Department of Financial Services Banking and Finance and that

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

30  to public disclosure. Nothing in this section shall be

31  construed to prohibit the division from providing information


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  1  to any law enforcement or prosecutorial agency.  Any law

  2  enforcement or prosecutorial agency receiving confidential

  3  information from the division in connection with its official

  4  duties shall maintain the confidentiality of the information

  5  as provided for in this section.

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

  7  17.041, Florida Statutes, are amended to read:

  8         17.041  County and district accounts and claims.--

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

10  Officer Department of Banking and Finance of this state to

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

12  accounts and claims heretofore or hereafter reported to it by

13  the Auditor General, the appropriate county or district

14  official, or any person against all county and district

15  officers and employees, and against all other persons

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

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

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

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

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

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

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

23  authority entitled by law to receive the same.

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

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

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

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

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

29  of the Chief Financial Officer Comptroller, the Auditor

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

31  turned over to the proper state attorney for inspection,


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

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

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

  4  certified to the Chief Financial Officer department, may be

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

  6  the written consent of the Chief Financial Officer department,

  7  and any attempt to make settlement in violation of this

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

  9  district board desiring to make such a settlement shall

10  incorporate the proposed settlement into a resolution, stating

11  that the proposed settlement is contingent upon the Chief

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

13  two copies of the resolution to the Chief Financial Officer

14  department. The Chief Financial Officer department shall

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

16  endorsed thereon.

17         Section 32.  Section 17.0415, Florida Statutes, is

18  amended to read:

19         17.0415  Transfer and assignment of claims.--In order

20  to facilitate their collection from third parties, the Chief

21  Financial Officer Comptroller may authorize the assignment of

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

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

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

25  subdivisions, may assign claims under such terms as are

26  mutually acceptable to the Chief Financial Officer Comptroller

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

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

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

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

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


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

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

  3  pursuant to this section.

  4         Section 33.  Section 17.05, Florida Statutes, is

  5  amended to read:

  6         17.05  Subpoenas; sworn statements; enforcement

  7  proceedings.--

  8         (1)  The Chief Financial Officer Comptroller may demand

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

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

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

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

13  the Chief Financial Officer Comptroller may require to be in

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

15  Comptroller or the department or before any judicial officer

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

17  Financial Officer Comptroller to determine the justice or

18  legality of such account, claim, or demand.

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

20  Chief Financial Officer Comptroller or his or her designee

21  may:

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

23  witnesses.

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

25  writing, under oath or otherwise as the Chief Financial

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

27  the facts and circumstances concerning the matter to be

28  audited, examined, or investigated.

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

30  Officer Comptroller or his or her designee under seal

31  commanding such witnesses to appear before the Chief Financial


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  1  Officer Comptroller or the Chief Financial Officer's

  2  Comptroller's representative or the department at a specified

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

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

  5  inspection.  Such subpoenas may be served by an authorized

  6  representative of the Chief Financial Officer Comptroller or

  7  the department.

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

  9  issued pursuant to this section, the Chief Financial Officer

10  Comptroller or the department may petition the circuit court

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

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

13  the subpoenaed person to appear and testify and to produce

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

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

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

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

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

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

20  or other disposition of subpoenaed books, records, or

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

22  has fully complied with such subpoena and the Chief Financial

23  Officer Comptroller or the department has completed the audit,

24  examination, or investigation. The Chief Financial Officer

25  Comptroller or the department is entitled to the summary

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

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

28  Financial Officer Comptroller or the department to obtain an

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

30  enforcement of a subpoena shall be charged against the

31


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

  2  be a contempt of court.

  3         Section 34.  Section 17.06, Florida Statutes, is

  4  amended to read:

  5         17.06  Disallowed items and accounts.--The Chief

  6  Financial Officer Comptroller shall erase from any original

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

  8  Financial Officer Comptroller shall reject the whole of any

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

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

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

12  claimant.

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

14  Statutes, is amended to read:

15         17.075  Form of state warrants and other payment

16  orders; rules.--

17         (1)  The Chief Financial Officer may Department of

18  Banking and Finance is authorized to establish the form or

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

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

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

22  time as the Chief Financial Officer department may consider

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

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

25  to the accounting and recordkeeping requirements applicable to

26  state warrants.

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

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

29  are amended to read:

30         17.076  Direct deposit of funds.--

31         (1)  As used in this section:


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

  2  Services Banking and Finance.

  3         (3)  The department may contract with an authorized

  4  financial institution for the services necessary to operate

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

  6  section, the Chief Financial Officer Comptroller is authorized

  7  to deposit with that financial institution the funds payable

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

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

10  deposits.

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

12  processing the direct deposit of funds other than salary or

13  retirement benefits, the department may charge the beneficiary

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

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

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

17  beneficiary.  Such fees collected by the department shall be

18  deposited into the Department of Financial Services Banking

19  and Finance Administrative Trust Fund.

20         Section 37.  Section 17.08, Florida Statutes, is

21  amended to read:

22         17.08  Accounts, etc., on which warrants drawn, to be

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

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

25  upon the treasury by the Chief Financial Officer Comptroller

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

27  Officer Comptroller or the office of the Chief Financial

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

29  requirements established by the Secretary of State.

30         Section 38.  Section 17.09, Florida Statutes, is

31  amended to read:


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  1         17.09  Application for warrants for salaries.--All

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

  3  shall make their application for warrants in writing, stating

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

  5  application shall be filed by the Chief Financial Officer

  6  Comptroller as vouchers for the warrants issued thereupon.

  7         Section 39.  Section 17.10, Florida Statutes, is

  8  amended to read:

  9         17.10  Record of warrants and of state funds and

10  securities issued.--The Chief Financial Officer Comptroller

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

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

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

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

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

16  funds and securities.

17         Section 40.  Section 17.11, Florida Statutes, is

18  amended to read:

19         17.11  To report disbursements made.--

20         (1)  The Chief Financial Officer Comptroller shall make

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

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

23  the several heads of expenditures under which such

24  disbursements were made.

25         (2)  The Chief Financial Officer Comptroller shall also

26  cause to have reported from the Florida Accounting Information

27  Resource Subsystem no less than quarterly the disbursements

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

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

30  certified minority business enterprises in the aggregate; and

31  to certified minority business enterprises broken down into


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  1  categories of minority persons, as well as gender and

  2  nationality subgroups. This information shall be made

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

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

  5  the House of Representatives. Each agency shall be responsible

  6  for the accuracy of information entered into the Florida

  7  Accounting Information Resource Subsystem for use in this

  8  reporting.

  9         Section 41.  Section 17.12, Florida Statutes, is

10  amended to read:

11         17.12  Authorized to issue warrants to tax collector or

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

13  satisfaction of the Chief Financial Officer Comptroller of

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

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

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

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

18  such said collector or sheriff, then the Chief Financial

19  Officer Comptroller may issue a warrant to such said collector

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

21         Section 42.  Section 17.13, Florida Statutes, is

22  amended to read:

23         17.13  To duplicate warrants lost or destroyed.--

24         (1)  The Chief Financial Officer Comptroller is

25  required to duplicate any Chief Financial Officer's

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

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

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

29  Financial Officer Comptroller the statement, under oath,

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

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


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

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

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

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

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

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

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

  8  conditioned to indemnify the state and any innocent holders

  9  thereof from any damages that may accrue from such

10  duplication.

11         (2)  The Chief Financial Officer Comptroller is

12  required to duplicate any Chief Financial Officer's

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

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

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

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

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

18  Chief Financial Officer Comptroller a statement, under oath,

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

20  destroyed, the circumstances surrounding the loss or

21  destruction of such warrant, and any additional information

22  that the Chief Financial Officer Comptroller shall request in

23  regard to such warrant.

24         (3)  Any duplicate Chief Financial Officer's

25  Comptroller's warrant issued in pursuance of the above

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

27  before its loss.

28         Section 43.  Section 17.14, Florida Statutes, is

29  amended to read:

30         17.14  To prescribe forms.--The Chief Financial Officer

31  Department of Banking and Finance may prescribe the forms of


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

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

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

  4  demands against the state or entrusted with the collection of

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

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

  7         Section 44.  Section 17.16, Florida Statutes, is

  8  amended to read:

  9         17.16  Seal.--The seal of office of the Chief Financial

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

11  the seal heretofore used for that purpose.

12         Section 45.  Section 17.17, Florida Statutes, is

13  amended to read:

14         17.17  Examination by Governor and report.--The office

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

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

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

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

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

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

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

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

23  Governor, to be laid before the Legislature with the

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

25  constitution may require.

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

27  Statutes, is amended to read:

28         17.20  Assignment of claims for collection.--

29         (1)  The Department of Financial Services Banking and

30  Finance shall charge the state attorneys with the collection

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


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

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

  3  charges are evidence of indebtedness of a state attorney

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

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

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

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

  8  the state attorney demonstrates to the department that the

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

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

11  charge against the state attorney.

12         Section 47.  Section 17.21, Florida Statutes, is

13  amended to read:

14         17.21  Not to allow any claim of state attorney against

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

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

17  attorney may have against the state for services who shall

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

19  required to make to the Chief Financial Officer Comptroller of

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

21         Section 48.  Section 17.22, Florida Statutes, is

22  amended to read:

23         17.22  Notice to Department of Legal Affairs.--Whenever

24  the Department of Financial Services Banking and Finance

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

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

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

28  necessary particulars for its full information upon the

29  subject.

30         Section 49.  Section 17.25, Florida Statutes, is

31  amended to read:


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  1         17.25  May certify copies.--The Chief Financial Officer

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

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

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

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

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

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

  8  Florida Statutes, are amended to read:

  9         17.26  Cancellation of state warrants not presented

10  within 1 year.--

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

12  the Chief Financial Officer against any fund in the State

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

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

15  Chief Financial Officer Comptroller may cancel the warrant and

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

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

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

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

20  Officer Treasurer shall not honor any state warrant after it

21  has been canceled.

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

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

24  federal contributions and disposition of the funds under

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

26  the Governor shall certify to the Chief Financial Officer

27  Comptroller that funds represented by such warrants are for

28  that reason exempt from treatment as unclaimed property.

29  Obligations represented by warrants are unenforceable after 1

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

31  originally issued.  An action may not be commenced thereafter


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  1  on the obligation unless authorized by the federal program

  2  from which the original warrant was funded and unless payment

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

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

  5  subject to this paragraph requests payment, and payment from

  6  current federal funding is authorized by the federal program

  7  from which the original warrant was funded, the Chief

  8  Financial Officer Comptroller may, upon investigation, issue a

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

10  Treasury, provided the payee or other person executes under

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

12  canceled warrant.

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

14  17.27, Florida Statutes, are amended to read:

15         17.27  Microfilming and destroying records and

16  correspondence.--

17         (1)  The Department of Financial Services Banking and

18  Finance may destroy general correspondence files and also any

19  other records which the department may deem no longer

20  necessary to preserve in accordance with retention schedules

21  and destruction notices established under rules of the

22  Division of Library and Information Services, records and

23  information management program, of the Department of State.

24  Such schedules and notices relating to financial records of

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

26  General.

27         (2)  The Department of Financial Services Banking and

28  Finance may photograph, microphotograph, or reproduce on film

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

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

31  original.


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  1         (3)  The Department of Financial Services Banking and

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

  3  been photographed and filed in accordance with the provisions

  4  of subsection (1).

  5         Section 52.  Section 17.28, Florida Statutes, is

  6  amended to read:

  7         17.28  Chief Financial Officer Comptroller may

  8  authorize biweekly salary payments.--The Chief Financial

  9  Officer Comptroller is authorized and may permit biweekly

10  salary payments to personnel upon written request by a

11  specific state agency. The Chief Financial Officer Comptroller

12  shall adopt promulgate reasonable rules and regulations to

13  carry out the intent of this section.

14         Section 53.  Section 17.29, Florida Statutes, is

15  amended to read:

16         17.29  Authority to prescribe rules.--The Chief

17  Financial Officer may Comptroller has authority to adopt rules

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

19  17.51-17.66 and duties assigned by statute or the State

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

21  the following:

22         (1)  Procedures or policies relating to the processing

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

24  other applicable appropriation.

25         (2)  Procedures for processing interagency and

26  intraagency payments which do not require the issuance of a

27  state warrant.

28         Section 54.  Section 17.30, Florida Statutes, is

29  amended to read:

30         17.30  Dissemination of information.--The Chief

31  Financial Officer Comptroller may disseminate, in any form or


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  1  manner he or she considers appropriate, information regarding

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

  3         Section 55.  Section 17.32, Florida Statutes, is

  4  amended to read:

  5         17.32  Annual report of trust funds; duties of Chief

  6  Financial Officer Comptroller.--

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

  8  Officer Comptroller shall present to the President of the

  9  Senate and the Speaker of the House of Representatives a

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

11  report shall contain the following data elements for each fund

12  for the preceding fiscal year:

13         (a)  The fund code.

14         (b)  The title.

15         (c)  The fund type according to generally accepted

16  accounting principles.

17         (d)  The statutory authority.

18         (e)  The beginning cash balance.

19         (f)  Direct revenues.

20         (g)  Nonoperating revenues.

21         (h)  Operating disbursements.

22         (i)  Nonoperating disbursements.

23         (j)  The ending cash balance.

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

25  is located.

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

27  received no revenues other than interest earnings or transfers

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

29  the preceding fiscal year.

30

31


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

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

  3  the 2 preceding fiscal years.

  4         Section 56.  Section 17.325, Florida Statutes, is

  5  amended to read:

  6         17.325  Governmental efficiency hotline; duties of

  7  Chief Financial Officer Comptroller.--

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

  9  Comptroller shall establish and operate a statewide toll-free

10  telephone hotline to receive information or suggestions from

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

12  government, increase governmental efficiency, and eliminate

13  waste in government. The Chief Financial Officer Comptroller

14  shall report each month to the Appropriations Committee of the

15  House of Representatives and of the Senate the information or

16  suggestions received through the hotline and the evaluations

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

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

19  suggestions.

20         (2)  The Chief Financial Officer Comptroller shall

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

22  Officer Comptroller shall advertise the availability of the

23  hotline in newspapers of general circulation in this state and

24  shall provide for the posting of notices in conspicuous places

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

26  places in which there is exposure to significant numbers of

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

28  convenience stores, shopping malls, shopping centers, gasoline

29  stations, or restaurants. The Chief Financial Officer

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

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


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

  2  received by the office of the Chief Financial Officer

  3  Comptroller, and the office of the Chief Financial Officer

  4  Comptroller shall conduct an evaluation to determine if it is

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

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

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

  8  record of each suggestion or item of information received

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

10  Officer Comptroller. A caller on the hotline may remain

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

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

13  she is a state employee, the Chief Financial Officer

14  Comptroller, in addition to maintaining a record as required

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

16  the caller to an existing state awards program administered by

17  the affected agency.  The affected agency shall conduct a

18  preliminary evaluation of the efficacy of any suggestion or

19  item of information received through the hotline and shall

20  provide the Chief Financial Officer Comptroller with a

21  preliminary determination of the amount of revenues the state

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

23  information.

24         (4)  Any person who provides any information through

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

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

27  employee of the state for providing such information or making

28  such suggestion.

29         (5)  The Chief Financial Officer Comptroller shall

30  adopt any rule necessary to implement the establishment,

31  operation, and advertisement of the hotline.


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  1         Section 57.  Section 17.41, Florida Statutes, is

  2  amended to read:

  3         17.41  Department of Financial Services Banking and

  4  Finance Tobacco Settlement Clearing Trust Fund.--

  5         (1)  The Department of Financial Services Banking and

  6  Finance Tobacco Settlement Clearing Trust Fund is created

  7  within that department.

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

  9  Clearing Trust Fund shall consist of payments received by the

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

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

12  from the settlement and deposited into the trust fund are

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

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

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

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

17  Settlement Financing Corporation created pursuant to s.

18  215.56005.  Any such sale shall be a true sale and not a

19  borrowing.

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

21  residual interest retained in the tobacco settlement agreement

22  or the payments to be made under the tobacco settlement

23  agreement shall be deposited into the Tobacco Settlement

24  Clearing Trust Fund.

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

26  agreement received by the state shall be immediately deposited

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

28  without deposit to the Tobacco Settlement Clearing Trust Fund.

29         (5)  The department shall disburse funds, by

30  nonoperating transfer, from the Tobacco Settlement Clearing

31  Trust Fund to the tobacco settlement trust funds of the


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  1  various agencies in amounts equal to the annual appropriations

  2  made from those agencies' trust funds in the General

  3  Appropriations Act.

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

  5  III of the State Constitution, the Tobacco Settlement Clearing

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

  7  19(f)(2), Art. III of the State Constitution.

  8         Section 58.  Section 17.43, Florida Statutes, is

  9  amended to read:

10         17.43  Chief Financial Officer's Comptroller's Federal

11  Equitable Sharing Trust Fund.--

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

13  Federal Equitable Sharing Trust Fund is created within the

14  Department of Financial Services Banking and Finance. The

15  department may deposit into the trust fund receipts and

16  revenues received as a result of federal criminal,

17  administrative, or civil forfeiture proceedings and receipts

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

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

20  215.20.

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

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

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

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

25  purposes of the trust fund.

26         Section 59.  Section 18.01, Florida Statutes, is

27  transferred, renumbered as section 17.51, Florida Statutes,

28  and amended to read:

29         17.51 18.01  Oath and certificate of Chief Financial

30  Officer Treasurer.--The Chief Financial Officer Treasurer

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


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



  1  of office, take and subscribe an oath or affirmation

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

  3  affirmation must be deposited with the Department of State.

  4  The Chief Financial Officer Treasurer shall also file with the

  5  Department of State a certificate from the Comptroller

  6  attesting that the retiring Treasurer or Chief Financial

  7  Officer has turned over vouchers for all payments made as

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

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

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

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

12  bonds and other securities held by the Treasurer or Chief

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

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

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

16  treasurer.

17         Section 60.  Section 18.02, Florida Statutes, is

18  transferred, renumbered as section 17.52, Florida Statutes,

19  and amended to read:

20         17.52 18.02  Moneys paid on warrants.--The Division of

21  Treasury Treasurer shall pay all warrants on the treasury

22  drawn by the Chief Financial Officer or Comptroller and other

23  orders by the Chief Financial Officer or Comptroller for the

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

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

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

27  orders of the Chief Financial Officer or Comptroller.

28         Section 61.  Section 18.021, Florida Statutes, is

29  transferred, renumbered as section 17.53, Florida Statutes,

30  and amended to read:

31


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  1         17.53 18.021  Chief Financial Officer Treasurer to

  2  operate personal check-cashing service.--

  3         (1)  The Chief Financial Officer Treasurer is

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

  5  remote financial service unit at the capitol for the benefit

  6  of state employees or other responsible persons who properly

  7  identify themselves.

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

  9  warrant is forged and the Chief Financial Officer Treasurer

10  has made diligent but unsuccessful effort to collect and has

11  forwarded the returned check for prosecution by the

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

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

14  the next legislative session.

15         Section 62.  Section 18.05, Florida Statutes, is

16  transferred, renumbered as section 17.54, Florida Statutes,

17  and amended to read:

18         17.54 18.05  Annual report to Governor.--The Chief

19  Financial Officer Treasurer shall make a report in detail to

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

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

22  1st day of July of each year as it is practicable to prepare

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

24  her office for the preceding fiscal year, embracing a

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

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

27         Section 63.  Section 18.06, Florida Statutes, is

28  transferred, renumbered as section 17.55, Florida Statutes,

29  and amended to read:

30         17.55 18.06  Examination by and monthly statements to

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


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

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

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

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

  5  Treasurer shall exhibit to the Governor monthly a trial

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

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

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

  9  and such said statement accompanying such said trial balance

10  sheet shall particularly describe the exact character of

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

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

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

14  such statement shall be certified and signed by the Chief

15  Financial Officer Treasurer officially.

16         Section 64.  Section 18.08, Florida Statutes, is

17  transferred, renumbered as section 17.56, Florida Statutes,

18  and amended to read:

19         17.56 18.08  Division of Treasury Treasurer to turn

20  over to the Division of Accounting and Auditing Comptroller

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

22  turn over to the Division of Accounting and Auditing

23  Comptroller, through the data service center, all warrants

24  drawn by the Chief Financial Officer or the Comptroller and

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

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

27  Treasurer shall have recorded such warrants and charged the

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

29         Section 65.  Section 18.10, Florida Statutes, is

30  transferred, renumbered as section 17.57, Florida Statutes,

31  and amended to read:


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  1         17.57 18.10  Deposits and investments of state money.--

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

  3  parties with the permission of the Chief Financial Officer

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

  5  in the State Treasury in such qualified public depositories of

  6  the state as will offer satisfactory collateral security for

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

  8  Chief Financial Officer Treasurer, consistent with the cash

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

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

11  realize maximum earnings and benefits.

12         (2)  The Chief Financial Officer Treasurer shall make

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

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

15  placed in qualified public depositories that will pay rates

16  established by the Chief Financial Officer Treasurer at levels

17  not less than the prevailing rate for United States Treasury

18  securities with a corresponding maturity. In the event money

19  is available for interest-bearing time deposits or savings

20  accounts as provided herein and qualified public depositories

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

22  established above, then such money which qualified public

23  depositories are unwilling to accept shall be invested in:

24         (a)  Direct United States Treasury obligations.

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

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

27  district banks.

28         (d)  Obligations of the Federal Home Loan Mortgage

29  Corporation, including participation certificates.

30         (e)  Obligations guaranteed by the Government National

31  Mortgage Association.


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  1         (f)  Obligations of the Federal National Mortgage

  2  Association.

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

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

  5  nationally recognized rating service.

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

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

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

  9  Federal Reserve System having total deposits of not less than

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

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

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

13  government or the Federal Government, and whose senior debt

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

15  by a nationally recognized rating service and which are held

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

17  Reserve System.

18         (i)  Corporate obligations or corporate master notes of

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

20  obligations of such corporation are rated by at least two

21  nationally recognized rating services in any one of the four

22  highest classifications. However, if such obligations are

23  rated by only one nationally recognized rating service, then

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

25  classifications.

26         (j)  Obligations of the Student Loan Marketing

27  Association.

28         (k)  Obligations of the Resolution Funding Corporation.

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

30  highest credit quality.

31


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  1         (m)  Any obligations not previously listed which are

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

  3  credit of the United States Government or are obligations of

  4  United States agencies or instrumentalities which are rated in

  5  the highest category by a nationally recognized rating

  6  service.

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

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

  9  authorized in this subsection.

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

11  by the Securities and Exchange Commission.

12         (p)  Obligations of state and local governments rated

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

14  nationally recognized rating services. However, if such

15  obligations are rated by only one nationally recognized rating

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

17  two highest classifications.

18         (q)  Derivatives of investment instruments authorized

19  in paragraphs (a)-(m).

20         (r)  Covered put and call options on investment

21  instruments authorized in this subsection for the purpose of

22  hedging transactions by investment managers to mitigate risk

23  or to facilitate portfolio management.

24         (s)  Negotiable certificates of deposit issued by

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

26  the three highest categories by at least two nationally

27  recognized rating services, the investment in which shall not

28  be prohibited by any provision of chapter 280.

29         (t)  Foreign bonds denominated in United States dollars

30  and registered with the Securities and Exchange Commission for

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


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  1  such issuers are rated by at least two nationally recognized

  2  rating services in any one of the four highest

  3  classifications. However, if such obligations are rated by

  4  only one nationally recognized rating service, the obligations

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

  6         (u)  Convertible debt obligations of any corporation

  7  domiciled within the United States, if the convertible debt

  8  issue is rated by at least two nationally recognized rating

  9  services in any one of the four highest classifications.

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

11  recognized rating service, then the obligations shall be rated

12  in any one of the two highest classifications.

13         (v)  Securities not otherwise described in this

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

15  under the control of the Chief Financial Officer Treasurer

16  shall be invested in securities described in this paragraph.

17

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

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

20  may be under repurchase agreement. The Chief Financial Officer

21  may Treasurer is authorized to hire registered investment

22  advisers and other consultants to assist in investment

23  management and to pay fees directly from investment earnings.

24  Investment securities, proprietary investment services related

25  to contracts, performance evaluation services,

26  investment-related equipment or software used directly to

27  assist investment trading or investment accounting operations

28  including bond calculators, telerates, Bloombergs, special

29  program calculators, intercom systems, and software used in

30  accounting, communications, and trading, and advisory and

31


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



  1  consulting contracts made under this section are exempt from

  2  the provisions of chapter 287.

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

  4  state do not make sufficient loan funds available for a

  5  residential conservation program pursuant to any plan approved

  6  by the Florida Public Service Commission under the Florida

  7  Energy Efficiency and Conservation Act, the board may

  8  authorize the investment of state funds, except retirement

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

10  prevailing United States Treasury bill rates. However, prior

11  to investment of such funds, the Florida Public Service

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

13  Legislature before implementation.

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

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

16  except that earnings attributable to moneys made available

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

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

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

20  officer, including an officer of any municipal or state

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

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

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

24  and loan association from being a depository of funds coming

25  under the jurisdiction of any such municipal officer or state

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

27  state office that the governing body of such municipality or

28  state agency has investigated and determined that such

29  municipal or state officer is not favoring such banks or

30  savings and loan associations over other qualified banks or

31  savings and loan associations.


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  1         (6)  The Chief Financial Officer Treasurer is

  2  designated the cash management officer for the state and is

  3  charged with the coordination and supervision of procedures

  4  providing for the efficient handling of financial assets under

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

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

  7  216.011. This responsibility shall include the supervision and

  8  approval of all banking relationships.  Pursuant to this

  9  responsibility, the Chief Financial Officer may Treasurer is

10  authorized to obtain information from financial institutions

11  regarding depository accounts maintained by any agency or

12  institution of the State of Florida.

13         Section 66.  Section 18.101, Florida Statutes, is

14  transferred, renumbered as section 17.58, Florida Statutes,

15  and amended to read:

16         17.58 18.101  Deposits of public money outside the

17  State Treasury; revolving funds.--

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

19  bureaus, commissions, institutions, and departments shall,

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

21  Treasury. However, when the volume and complexity of

22  collections so justify, the Chief Financial Officer Treasurer

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

24  clearing accounts outside the State Treasury in qualified

25  public depositories pursuant to chapter 280. Such deposits

26  shall only be made in depositories designated by the Chief

27  Financial Officer Treasurer. No money may be maintained in

28  such clearing accounts for a period longer than approved by

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

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

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


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  1  distributed to a statutorily authorized account outside the

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

  3  Revenue. All depositories so designated shall pledge

  4  sufficient collateral to be security for such funds as

  5  provided in chapter 280.

  6         (2)  Revolving funds authorized by the Chief Financial

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

  8  commissions, institutions, and departments may be deposited by

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

10  departments in qualified public depositories designated by the

11  Chief Financial Officer Treasurer for such revolving fund

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

13  shall pledge collateral security as provided in chapter 280.

14         (3)  Notwithstanding the foregoing provisions, clearing

15  and revolving accounts may be established outside the state

16  when necessary to facilitate the authorized operations of any

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

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

19  subject to the collateral security requirements of chapter

20  280. Accounts established outside the United States may be

21  exempted from the requirements of chapter 280 as provided in

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

23  the agency requesting or maintaining the account shall

24  recommend a financial institution to the Chief Financial

25  Officer Treasurer for designation to hold the account and

26  shall submit evidence of the financial condition, size,

27  reputation, and relative prominence of the institution from

28  which the Chief Financial Officer Treasurer can reasonably

29  conclude that the institution is financially sound before

30  designating it to hold the account.

31


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

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

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

  4  each clearing account and revolving fund within that

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

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

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

  8  clearing account that will eventually be deposited to the

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

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

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

12  Chief Financial Officer Treasurer by various departments, in

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

14  17.55 s. 18.06.

15         Section 67.  Section 18.103, Florida Statutes, is

16  transferred, renumbered as section 17.59, Florida Statutes,

17  and amended to read:

18         17.59 18.103  Safekeeping services of Treasurer.--

19         (1)  The Chief Financial Officer Treasurer may accept

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

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

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

23  subdivision thereof, or other public authority.

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

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

26  and safekeeping deposits and other documents or articles of

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

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

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

30  financial institutions for processing, servicing, and

31


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  1  safekeeping the same types of deposits and other documents or

  2  articles of value.

  3         (3)  The Chief Financial Officer Treasurer shall

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

  5  Chief Financial Officer Treasurer in advance, the

  6  miscellaneous charges as follows:

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

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

  9         (b)  For each certificate of the Chief Financial

10  Officer Treasurer, certified or under the Chief Financial

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

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

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

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

15  Administrative and Investment Trust Fund.

16         Section 68.  Section 18.104, Florida Statutes, is

17  transferred, renumbered as section 17.60, Florida Statutes,

18  and amended to read:

19         17.60 18.104  Treasury Cash Deposit Trust Fund.--

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

21  Treasury Cash Deposit Trust Fund.  Cash deposits made pursuant

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

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

24  shall be prorated and paid to the depositing entities.

25         Section 69.  Section 18.125, Florida Statutes, is

26  transferred, renumbered as section 17.61, Florida Statutes,

27  and amended to read:

28         17.61 18.125  Chief Financial Officer Treasurer; powers

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

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

31  the approval of a majority of the State Board of


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  1  Administration, shall invest all general revenue funds and all

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

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

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

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

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

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

  8  for this purpose, the Chief Financial Officer may Treasurer

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

10  and safekeeping accounts in any bank or savings association

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

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

13  in such accounts used solely for investments and reinvestments

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

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

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

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

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

19  registered by the Chief Financial Officer Treasurer in the

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

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

22  States government securities having a market value of at least

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

24  Chief Financial Officer Treasurer shall keep a separate

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

26  Individual transactions and totals of all investments, or the

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

28  accounts.

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

30  constitutional board, the judicial branch, or agency now

31  having the constitutional power to make investments and in


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  1  accordance with this section, the Chief Financial Officer may

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

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

  4  any such board.

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

  6  judicial branch, now or hereafter charged with the

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

  8  make such moneys available for investment as fully as is

  9  consistent with the cash requirements of the particular fund

10  and to authorize investment of such moneys by the Chief

11  Financial Officer Treasurer.

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

13  such agency or judicial branch shall notify the Chief

14  Financial Officer Treasurer of the amount available for

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

16  Financial Officer Treasurer.  Such notification shall include

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

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

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

20  however, shall not be construed to make available for

21  investment any funds other than those referred to in

22  subsection (1).

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

24  the Treasury Treasurer's Administrative and Investment Trust

25  Fund.

26         (b)  The Chief Financial Officer Treasurer shall make

27  an annual assessment of 0.12 percent against the average daily

28  balance of those moneys made available pursuant to this

29  section and 0.2 percent against the average daily balance of

30  those funds requiring investment in a separate account. The

31


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



  1  proceeds of this assessment shall be deposited in the Treasury

  2  Treasurer's Administrative and Investment Trust Fund.

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

  4  shall be used by the Chief Financial Officer Treasurer to

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

  6  the administrative and investment powers and duties prescribed

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

  8  an office and necessary supplies therefor, essential equipment

  9  and other materials, salaries and expenses of required

10  personnel, and all other legitimate expenses relating to the

11  administrative and investment powers and duties imposed upon

12  and charged to the Chief Financial Officer Treasurer under

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

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

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

16  transferred unallocated to the General Revenue Fund. However,

17  fees received from deferred compensation participants pursuant

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

19  Fund and shall be used to operate the deferred compensation

20  program.

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

22  responsibilities of existing state agencies and of the

23  judicial branch made by this section to the Chief Financial

24  Officer Treasurer shall include only the particular powers,

25  duties, and responsibilities hereby transferred, and all other

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

27         Section 70.  Section 18.15, Florida Statutes, is

28  transferred, renumbered as section 17.62, Florida Statutes,

29  and amended to read:

30         17.62 18.15  Interest on state moneys deposited; when

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


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

  2  Chief Financial Officer Treasurer quarterly or semiannually.

  3         Section 71.  Section 18.17, Florida Statutes, is

  4  transferred, renumbered as section 17.63, Florida Statutes,

  5  and amended to read:

  6         17.63 18.17  Chief Financial Officer Treasurer not to

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

  8  Chief Financial Officer Treasurer of this state to issue any

  9  treasury certificates, or any other evidences of indebtedness,

10  for any purpose whatever, and the Chief Financial Officer

11  Treasurer is prohibited from issuing the same.

12         Section 72.  Section 18.20, Florida Statutes, is

13  transferred, renumbered as section 17.64, Florida Statutes,

14  and amended to read:

15         17.64 18.20  Chief Financial Officer Treasurer to make

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

17         (1)  All vouchers or checks heretofore or hereafter

18  drawn by appropriate court officials of the several counties

19  of the state against money deposited with the Treasurer under

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

21  photographed, microphotographed, or reproduced on film by the

22  Treasurer. Such photographic film shall be durable material

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

24  or checks shall be one which accurately reproduces the

25  originals thereof in all detail; and such photographs,

26  microphotographs, or reproductions on film shall be placed in

27  conveniently accessible and identified files and shall be

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

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

30  been so photographed, microphotographed, or reproduced on

31  film, and the photographs, microphotographs, or reproductions


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

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

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

  4  or checks to the offices of the respective county officials

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

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

  7  a part of the permanent records of such offices.

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

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

10  checks shall be deemed to be original records for all

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

12  original film, duly certified by the Chief Financial Officer

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

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

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

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

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

18  force and effect as the original thereof might be.

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

20  hereby authorized to photograph, microphotograph, or reproduce

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

22  Chief Financial Officer Treasurer may, in his or her

23  discretion, selects select; and the Chief Financial Officer

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

25  said documents or records after they have been photographed

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

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

28  the dates of such said documents and records.

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

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

31  provisions of this section shall have the same force and


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

  2  treated as originals for the purpose of their admissibility in

  3  evidence. Duly certified or authenticated reproductions of

  4  such photographs or microphotographs shall be admitted in

  5  evidence equally with the original photographs or

  6  microphotographs.

  7         Section 73.  Section 18.23, Florida Statutes, is

  8  transferred, renumbered as section 17.65, Florida Statutes,

  9  and amended to read:

10         17.65 18.23  Chief Financial Officer Treasurer to

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

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

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

14  papers furnished the Chief Financial Officer Treasurer by the

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

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

17         Section 74.  Section 18.24, Florida Statutes, is

18  transferred, renumbered as section 17.66, Florida Statutes,

19  and amended to read:

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

21  security which:

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

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

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

25  clearing system established to hold and transfer securities by

26  computerized book-entry systems; and which

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

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

29  the State Insurance Commissioner; or

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

31  State Treasurer, or to the State Insurance Commissioner;


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  1

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

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

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

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

  6  Statutes, is amended to read:

  7         20.04  Structure of executive branch.--The executive

  8  branch of state government is structured as follows:

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

10  except for the Department of Financial Services Banking and

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

12  Department of Corrections, the Department of Management

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

14  Transportation, must adhere to the following standard terms:

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

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

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

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

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

20  Each section is headed by an "administrator."

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

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

23  "supervisors."

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

25  20.055, Florida Statutes, is amended to read:

26         20.055  Agency inspectors general.--

27         (5)  In carrying out the auditing duties and

28  responsibilities of this act, each inspector general shall

29  review and evaluate internal controls necessary to ensure the

30  fiscal accountability of the state agency. The inspector

31  general shall conduct financial, compliance, electronic data


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  1  processing, and performance audits of the agency and prepare

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

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

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

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

  6  organizational unit. The performance of the audit shall be

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

  8  the inspector general does not possess the qualifications

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

10  perform the functions listed in this subsection.

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

12  annual audit plans based on the findings of periodic risk

13  assessments. The plan, where appropriate, should include

14  postaudit samplings of payments and accounts. The plan shall

15  show the individual audits to be conducted during each year

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

17  The Chief Financial Officer Comptroller, to assist in

18  fulfilling the responsibilities for examining, auditing, and

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

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

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

22  the inspectors general and internal auditors. For state

23  agencies under the Governor, the audit plans shall be

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

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

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

27         Section 77.  Section 20.195, Florida Statutes, is

28  amended to read:

29         20.195  Department of Children and Family Services

30  Tobacco Settlement Trust Fund.--

31


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  1         (1)  The Department of Children and Family Services

  2  Tobacco Settlement Trust Fund is created within that

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

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

  5  Department of Financial Services Banking and Finance Tobacco

  6  Settlement Clearing Trust Fund in amounts equal to the annual

  7  appropriations made from this trust fund.

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

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

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

11  remaining undisbursed on December 31 of the same calendar year

12  shall revert to the Department of Financial Services Banking

13  and Finance Tobacco Settlement Clearing Trust Fund.

14         Section 78.  Section 20.425, Florida Statutes, is

15  amended to read:

16         20.425  Agency for Health Care Administration Tobacco

17  Settlement Trust Fund.--

18         (1)  The Agency for Health Care Administration Tobacco

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

20  be credited to the trust fund shall consist of funds

21  disbursed, by nonoperating transfer, from the Department of

22  Financial Services Banking and Finance Tobacco Settlement

23  Clearing Trust Fund in amounts equal to the annual

24  appropriations made from this trust fund.

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

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

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

28  remaining undisbursed on December 31 of the same calendar year

29  shall revert to the Department of Financial Services Banking

30  and Finance Tobacco Settlement Clearing Trust Fund.

31


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

  2  20.435, Florida Statutes, is amended to read:

  3         20.435  Department of Health; trust funds.--

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

  5  be administered by the Department of Health:

  6         (g)  Department of Health Tobacco Settlement Trust

  7  Fund.

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

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

10  Department of Financial Services Banking and Finance Tobacco

11  Settlement Clearing Trust Fund in amounts equal to the annual

12  appropriations made from this trust fund.

13         2.  Notwithstanding the provisions of s. 216.301 and

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

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

16  remaining undisbursed on December 31 of the same calendar year

17  shall revert to the Department of Financial Services Banking

18  and Finance Tobacco Settlement Clearing Trust Fund.

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

20  Statutes, is amended to read:

21         24.105  Powers and duties of department.--The

22  department shall:

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

24  the Chief Financial Officer Treasurer, the President of the

25  Senate, and the Speaker of the House of Representatives

26  disclosing the total lottery revenues, prize disbursements,

27  and other expenses of the department during the preceding

28  month.  The annual report shall additionally describe the

29  organizational structure of the department, including its

30  hierarchical structure, and shall identify the divisions and

31


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  1  bureaus created by the secretary and summarize the

  2  departmental functions performed by each.

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

  4  Statutes, is amended to read:

  5         24.111  Vendors; disclosure and contract

  6  requirements.--

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

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

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

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

11  an appropriate bond with the department in an amount

12  determined by the department to be adequate to protect the

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

14  estimated to be paid annually to the vendor under the

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

16  faithful performance of its obligations, file with the

17  department an irrevocable letter of credit acceptable to the

18  department in an amount determined by the department to be

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

20  maintain with the Chief Financial Officer Treasurer securities

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

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

23  rated in one of the four highest classifications by an

24  established nationally recognized investment rating service.

25  Securities eligible under this subsection shall be limited to:

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

27  savings associations organized and existing under the laws of

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

29  their principal place of business in this state.

30

31


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

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

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

  4         (c)  General obligation bonds and notes of any

  5  political subdivision of the state.

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

  7  affiliate or subsidiary of the depositor.

  8

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

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

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

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

13  amount estimated to be paid annually to the vendor under

14  contract.

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

16  24.112, Florida Statutes, is amended to read:

17         24.112  Retailers of lottery tickets.--

18         (9)

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

20  blanket bonds covering all or selected retailers or may allow

21  a retailer to deposit and maintain with the Chief Financial

22  Officer Treasurer securities that are interest bearing or

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

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

25  classifications by an established nationally recognized

26  investment rating service.  Securities eligible under this

27  paragraph shall be limited to:

28         1.  Certificates of deposit issued by solvent banks or

29  savings associations organized and existing under the laws of

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

31  their principal place of business in this state.


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

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

  3  is pledged for the payment of principal and interest.

  4         3.  General obligation bonds and notes of any political

  5  subdivision of the state.

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

  7  affiliate or subsidiary of the depositor.

  8

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

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

11  the department.

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

13  Florida Statutes, are amended to read:

14         24.120  Financial matters; Administrative Trust Fund;

15  interagency cooperation.--

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

17  Chief Financial Officer State Treasurer or the Comptroller

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

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

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

21  deemed to be approved. The department shall reimburse the

22  Chief Financial Officer State Treasurer or the Comptroller for

23  any additional costs involved in providing the level of

24  service required by this subsection.

25         (4)  The department shall cooperate with the Chief

26  Financial Officer State Treasurer, the Comptroller, the

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

28  Government Accountability by giving employees designated by

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

30  purpose of efficient compliance with their respective

31  responsibilities.


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

  2  Statutes, is amended to read:

  3         25.241  Clerk of Supreme Court; compensation;

  4  assistants; filing fees, etc.--

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

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

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

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

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

10  credit of the General Revenue Fund.

11         Section 85.  Section 26.39, Florida Statutes, is

12  amended to read:

13         26.39  Penalty for nonattendance of judge.--Whenever

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

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

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

17  her official signature and seal, to the Chief Financial

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

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

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

21  for every such default.

22         Section 86.  Section 27.08, Florida Statutes, is

23  amended to read:

24         27.08  State claims; surrender of papers to

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

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

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

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

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

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

31  the Department of Financial Services Banking and Finance,


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  1  shall release such state attorney from any further liability

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

  3  attorney receiving the claims shall be liable in all respects

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

  5         Section 87.  Section 27.10, Florida Statutes, is

  6  amended to read:

  7         27.10  Obligation as to claims; how discharged.--The

  8  charges mentioned in s. 17.20 shall be evidence of

  9  indebtedness on the part of any state attorney against whom

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

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

12  treasury or sued to insolvency, which fact of insolvency shall

13  be certified by the circuit judge of his or her circuit,

14  unless the said state attorney makes shall make it fully

15  appear to the Department of Financial Services Banking and

16  Finance that the failure to collect the same did not result

17  from his or her neglect.

18         Section 88.  Section 27.11, Florida Statutes, is

19  amended to read:

20         27.11  Report upon claims committed to state

21  attorney.--The state attorney shall make a report to the Chief

22  Financial Officer Comptroller on the first Monday in January

23  and July in each and every year of the condition of all claims

24  placed in his or her hands or which the state attorney may

25  have been required to prosecute and collect, whether the same

26  is in suit or in judgment, or collected, and the probable

27  solvency or insolvency of claims not collected, and shall at

28  the same time pay over all moneys which he or she may have

29  collected belonging to the state; and the Chief Financial

30  Officer Comptroller shall not audit or allow any claim which

31


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  1  any state attorney may have against the state for services

  2  until he or she makes the report herein required.

  3         Section 89.  Subsection (1) of section 27.12, Florida

  4  Statutes, is amended to read:

  5         27.12  Power to compromise.--

  6         (1)  The state attorney may, with the approval of the

  7  Department of Financial Services Banking and Finance,

  8  compromise and settle all judgments, claims, and demands in

  9  favor of the state in his or her circuit against defaulting

10  collectors of revenue, sheriffs and other officers, and the

11  sureties on their bonds, on such terms as the state attorney

12  may deem equitable and proper.

13         Section 90.  Section 27.13, Florida Statutes, is

14  amended to read:

15         27.13  Completion of compromise.--The state attorney

16  shall, on agreeing to any compromise or settlement, report the

17  same to the Department of Financial Services Banking and

18  Finance for its approval; and, on its approving such

19  compromise or settlement, the said state attorney, on a

20  compliance with the terms of such compromise or settlement

21  shall give a receipt to the collector of revenue, sheriff or

22  other officer, or the sureties on their bonds, or to the legal

23  representatives, which receipt shall be a discharge from all

24  judgments, claims or demands of the state against such

25  collector of revenue or other officer, or the sureties on

26  their bonds.

27         Section 91.  Subsection (4) of section 27.34, Florida

28  Statutes, is amended to read:

29         27.34  Salaries and other related costs of state

30  attorneys' offices; limitations.--

31


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  1         (4)  Notwithstanding s. 27.25, the Chief Financial

  2  Officer Insurance Commissioner may contract with the state

  3  attorney of any judicial circuit of the state for the

  4  prosecution of criminal violations of the Workers'

  5  Compensation Law and related crimes and may contribute funds

  6  for such purposes. Such contracts may provide for the

  7  training, salary, and expenses of one or more assistant state

  8  attorneys used in the prosecution of such crimes.

  9         Section 92.  Section 27.3455, Florida Statutes, is

10  amended to read:

11         27.3455  Annual statement of certain revenues and

12  expenditures.--

13         (1)  Each county shall submit annually to the Chief

14  Financial Officer Comptroller a statement of revenues and

15  expenditures as set forth in this section in the form and

16  manner prescribed by the Chief Financial Officer Comptroller

17  in consultation with the Legislative Committee on

18  Intergovernmental Relations, provided that such statement

19  identify total county expenditures on:

20         (a)  Medical examiner services.

21         (b)  County victim witness programs.

22         (c)  Each of the services outlined in ss. 27.34(2) and

23  27.54(3).

24         (d)  Appellate filing fees in criminal cases in which

25  an indigent defendant appeals a judgment of a county or

26  circuit court to a district court of appeal or the Florida

27  Supreme Court.

28         (e)  Other court-related costs of the state attorney

29  and public defender that were paid by the county where such

30  costs were included in a judgment or order rendered by the

31  trial court against the county.


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  1

  2  Such statement also shall identify the revenues provided by s.

  3  938.05(1) that were used to meet or reimburse the county for

  4  such expenditures.

  5         (2)(a)  Within 6 months of the close of the local

  6  government fiscal year, each county shall submit to the Chief

  7  Financial Officer Comptroller a statement of compliance from

  8  its independent certified public accountant, engaged pursuant

  9  to s. 218.39, that the certified statement of expenditures was

10  in accordance with ss. 27.34(2), 27.54(3), and this section.

11  All discrepancies noted by the independent certified public

12  accountant shall be included in the statement furnished by the

13  county to the Chief Financial Officer Comptroller.

14         (b)  If Should the Chief Financial Officer determines

15  Comptroller determine that additional auditing procedures are

16  appropriate because:

17         1.  The county failed to submit timely its annual

18  statement;

19         2.  Discrepancies were noted by the independent

20  certified public accountant; or

21         3.  The county failed to file before March 31 of each

22  year the certified public accountant statement of compliance,

23  the Chief Financial Officer may Comptroller is hereby

24  authorized to send his or her personnel or to contract for

25  services to bring the county into compliance.  The costs

26  incurred by the Chief Financial Officer Comptroller shall be

27  paid promptly by the county upon certification by the Chief

28  Financial Officer Comptroller.

29         (c)  Where the Chief Financial Officer Comptroller

30  elects to utilize the services of an independent contractor,

31  such certification by the Chief Financial Officer Comptroller


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  1  may require the county to make direct payment to a contractor.

  2  Any funds owed by a county in such matters shall be recovered

  3  pursuant to s. 17.04 or s. 17.041.

  4         (3)  The priority for the allocation of funds collected

  5  pursuant to s. 938.05(1) shall be as follows:

  6         (a)  Reimbursement to the county for actual county

  7  expenditures incurred in providing the state attorney and

  8  public defender the services outlined in ss. 27.34(2) and

  9  27.54(3), with the exception of office space, utilities, and

10  custodial services.

11         (b)  At the close of the local government fiscal year,

12  funds remaining on deposit in the special trust fund of the

13  county after reimbursements have been made pursuant to

14  paragraph (a) shall be reimbursed to the county for actual

15  county expenditures made in support of the operations and

16  services of medical examiners, including the costs associated

17  with the investigation of state prison inmate deaths. Special

18  county trust fund revenues used to reimburse the county for

19  medical examiner expenditures in any year shall not exceed $1

20  per county resident.

21         (c)  At the close of the local government fiscal year,

22  counties establishing or having in existence a comprehensive

23  victim-witness program which meets the standards set by the

24  Crime Victims' Services Office shall be eligible to receive 50

25  percent matching moneys from the balance remaining in the

26  special trust fund after reimbursements have been made

27  pursuant to paragraphs (a) and (b).  Special trust fund moneys

28  used in any year to supplement such programs shall not exceed

29  25 cents per county resident.

30         (d)  At the close of the local government fiscal year,

31  funds remaining in the special trust fund after reimbursements


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  1  have been made pursuant to paragraphs (a), (b), and (c) shall

  2  be used to reimburse the county for county costs incurred in

  3  the provision of office space, utilities, and custodial

  4  services to the state attorney and public defender, for county

  5  expenditures on appellate filing fees in criminal cases in

  6  which an indigent defendant appeals a judgment of a county or

  7  circuit court to a district court of appeal or the Florida

  8  Supreme Court, and for county expenditures on court-related

  9  costs of the state attorney and public defender that were paid

10  by the county, provided that such court-related costs were

11  included in a judgment or order rendered by the trial court

12  against the county.  Where a state attorney or a public

13  defender is provided space in a county-owned facility,

14  responsibility for calculating county costs associated with

15  the provision of such office space, utilities, and custodial

16  services is hereby vested in the Chief Financial Officer

17  Comptroller in consultation with the Legislative Committee on

18  Intergovernmental Relations.

19         (4)  At the end of the local government fiscal year,

20  all funds remaining on deposit in the special trust fund after

21  all reimbursements have been made as provided for in

22  subsection (3) shall be forwarded to the Chief Financial

23  Officer Treasurer for deposit in the General Revenue Fund of

24  the state.

25         (5)  The Chief Financial Officer Comptroller shall

26  adopt any rules necessary to implement his or her

27  responsibilities pursuant to this section.

28         Section 93.  Subsection (2) of section 27.703, Florida

29  Statutes, is amended to read:

30         27.703  Conflict of interest and substitute counsel.--

31


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  1         (2)  Appointed counsel shall be paid from funds

  2  appropriated to the Chief Financial Officer Comptroller. The

  3  hourly rate may not exceed $100. However, effective July 1,

  4  1999, all appointments of private counsel under this section

  5  shall be in accordance with ss. 27.710 and 27.711.

  6         Section 94.  Subsection (4) of section 27.710, Florida

  7  Statutes, is amended to read:

  8         27.710  Registry of attorneys applying to represent

  9  persons in postconviction capital collateral proceedings;

10  certification of minimum requirements; appointment by trial

11  court.--

12         (4)  Each private attorney who is appointed by the

13  court to represent a capital defendant must enter into a

14  contract with the Chief Financial Officer Comptroller. If the

15  appointed attorney fails to execute the contract within 30

16  days after the date the contract is mailed to the attorney,

17  the executive director of the Commission on Capital Cases

18  shall notify the trial court. The Chief Financial Officer

19  Comptroller shall develop the form of the contract, function

20  as contract manager, and enforce performance of the terms and

21  conditions of the contract. By signing such contract, the

22  attorney certifies that he or she intends to continue the

23  representation under the terms and conditions set forth in the

24  contract until the sentence is reversed, reduced, or carried

25  out or until released by order of the trial court.

26         Section 95.  Subsections (3), (4), (5), (6), (7), and

27  (13) of section 27.711, Florida Statutes, are amended to read:

28         27.711  Terms and conditions of appointment of

29  attorneys as counsel in postconviction capital collateral

30  proceedings.--

31


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  1         (3)  An attorney appointed to represent a capital

  2  defendant is entitled to payment of the fees set forth in this

  3  section only upon full performance by the attorney of the

  4  duties specified in this section and approval of payment by

  5  the trial court, and the submission of a payment request by

  6  the attorney, subject to the availability of sufficient

  7  funding specifically appropriated for this purpose.  The Chief

  8  Financial Officer Comptroller shall notify the executive

  9  director and the court if it appears that sufficient funding

10  has not been specifically appropriated for this purpose to pay

11  any fees which may be incurred. The attorney shall maintain

12  appropriate documentation, including a current and detailed

13  hourly accounting of time spent representing the capital

14  defendant. The fee and payment schedule in this section is the

15  exclusive means of compensating a court-appointed attorney who

16  represents a capital defendant. When appropriate, a

17  court-appointed attorney must seek further compensation from

18  the Federal Government, as provided in 18 U.S.C. s. 3006A or

19  other federal law, in habeas corpus litigation in the federal

20  courts.

21         (4)  Upon approval by the trial court, an attorney

22  appointed to represent a capital defendant under s. 27.710 is

23  entitled to payment of the following fees by the Chief

24  Financial Officer Comptroller:

25         (a)  Regardless of the stage of postconviction capital

26  collateral proceedings, the attorney is entitled to $100 per

27  hour, up to a maximum of $2,500, after accepting appointment

28  and filing a notice of appearance.

29         (b)  The attorney is entitled to $100 per hour, up to a

30  maximum of $20,000, after timely filing in the trial court the

31  capital defendant's complete original motion for


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  1  postconviction relief under the Florida Rules of Criminal

  2  Procedure. The motion must raise all issues to be addressed by

  3  the trial court. However, an attorney is entitled to fees

  4  under this paragraph if the court schedules a hearing on a

  5  matter that makes the filing of the original motion for

  6  postconviction relief unnecessary or if the court otherwise

  7  disposes of the case.

  8         (c)  The attorney is entitled to $100 per hour, up to a

  9  maximum of $20,000, after the trial court issues a final order

10  granting or denying the capital defendant's motion for

11  postconviction relief.

12         (d)  The attorney is entitled to $100 per hour, up to a

13  maximum of $20,000, after timely filing in the Supreme Court

14  the capital defendant's brief or briefs that address the trial

15  court's final order granting or denying the capital

16  defendant's motion for postconviction relief and the state

17  petition for writ of habeas corpus.

18         (e)  The attorney is entitled to $100 per hour, up to a

19  maximum of $10,000, after the trial court issues an order,

20  pursuant to a remand from the Supreme Court, which directs the

21  trial court to hold further proceedings on the capital

22  defendant's motion for postconviction relief.

23         (f)  The attorney is entitled to $100 per hour, up to a

24  maximum of $4,000, after the appeal of the trial court's

25  denial of the capital defendant's motion for postconviction

26  relief and the capital defendant's state petition for writ of

27  habeas corpus become final in the Supreme Court.

28         (g)  At the conclusion of the capital defendant's

29  postconviction capital collateral proceedings in state court,

30  the attorney is entitled to $100 per hour, up to a maximum of

31


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  1  $2,500, after filing a petition for writ of certiorari in the

  2  Supreme Court of the United States.

  3         (h)  If, at any time, the Supreme Court of the United

  4  States accepts for review the capital defendant's collateral

  5  challenge of the conviction and sentence of death, the

  6  attorney is entitled to $100 per hour, up to a maximum of

  7  $5,000. This payment shall be full compensation for

  8  representing the capital defendant throughout the certiorari

  9  proceedings before the United States Supreme Court.

10

11  The hours billed by a contracting attorney under this

12  subsection may include time devoted to representation of the

13  defendant by another attorney who is qualified under s. 27.710

14  and who has been designated by the contracting attorney to

15  assist him or her.

16         (5)  An attorney who represents a capital defendant may

17  use the services of one or more investigators to assist in

18  representing a capital defendant. Upon approval by the trial

19  court, the attorney is entitled to payment from the Chief

20  Financial Officer Comptroller of $40 per hour, up to a maximum

21  of $15,000, for the purpose of paying for investigative

22  services.

23         (6)  An attorney who represents a capital defendant is

24  entitled to a maximum of $15,000 for miscellaneous expenses,

25  such as the costs of preparing transcripts, compensating

26  expert witnesses, and copying documents. Upon approval by the

27  trial court, the attorney is entitled to payment by the Chief

28  Financial Officer Comptroller of up to $15,000 for

29  miscellaneous expenses, except that, if the trial court finds

30  that extraordinary circumstances exist, the attorney is

31  entitled to payment in excess of $15,000.


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  1         (7)  An attorney who is actively representing a capital

  2  defendant is entitled to a maximum of $500 per fiscal year for

  3  tuition and expenses for continuing legal education that

  4  pertains to the representation of capital defendants. Upon

  5  approval by the trial court, the attorney is entitled to

  6  payment by the Chief Financial Officer Comptroller for

  7  expenses for such tuition and continuing legal education.

  8         (13)  Prior to the filing of a motion for order

  9  approving payment of attorney's fees, costs, or related

10  expenses, the assigned counsel shall deliver a copy of his

11  intended billing, together with supporting affidavits and all

12  other necessary documentation, to the Chief Financial

13  Officer's Comptroller's named contract manager. The contract

14  manager shall have 10 business days from receipt to review the

15  billings, affidavit, and documentation for completeness and

16  compliance with contractual and statutory requirements. If the

17  contract manager objects to any portion of the proposed

18  billing, the objection and reasons therefor shall be

19  communicated to the assigned counsel. The assigned counsel may

20  thereafter file his or her motion for order approving payment

21  of attorney's fees, costs, or related expenses together with

22  supporting affidavits and all other necessary documentation.

23  The motion must specify whether the Chief Financial Officer's

24  Comptroller's contract manager objects to any portion of the

25  billing or the sufficiency of documentation and, if so, the

26  reason therefor. A copy of the motion and attachments shall be

27  served on the Chief Financial Officer's Comptroller's contract

28  manager, who shall have standing to file pleadings and appear

29  before the court to contest any motion for order approving

30  payment. The fact that the Chief Financial Officer's

31  Comptroller's contract manager has not objected to any portion


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  1  of the billing or to the sufficiency of the documentation is

  2  not binding on the court, which retains primary authority and

  3  responsibility for determining the reasonableness of all

  4  billings for fees, costs, and related expenses, subject to

  5  statutory limitations.

  6         Section 96.  Section 28.235, Florida Statutes, is

  7  amended to read:

  8         28.235  Advance payments by clerk of circuit

  9  court.--The clerk of the circuit court is authorized to make

10  advance payments on behalf of the county for goods and

11  services, including, but not limited to, maintenance

12  agreements and subscriptions, pursuant to rules or procedures

13  adopted by the Chief Financial Officer Comptroller for advance

14  payments of invoices submitted to agencies of the state.

15         Section 97.  Subsections (7) and (23) of section 28.24,

16  Florida Statutes, are amended to read:

17         28.24  Service charges by clerk of the circuit

18  court.--The clerk of the circuit court shall make the

19  following charges for services rendered by the clerk's office

20  in recording documents and instruments and in performing the

21  duties enumerated. However, in those counties where the

22  clerk's office operates as a fiscal unit of the county

23  pursuant to s. 145.022(1), the clerk shall not charge the

24  county for such services.

25

26

27

28

29                                                         Charges

30

31


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  1         (7)  For making and reporting payrolls of jurors to

  2  Chief Financial Officer State Comptroller, per page, per copy

  3  ..........................................................5.00

  4         (23)  For paying of witnesses and making and reporting

  5  payroll to Chief Financial Officer State Comptroller, per

  6  copy, per page............................................5.00

  7         Section 98.  Section 30.52, Florida Statutes, is

  8  amended to read:

  9         30.52  Handling of public funds.--The sheriff shall

10  keep public funds in his or her custody, either in his or her

11  office in an amount not in excess of the burglary, theft, and

12  robbery insurance provided, the cost of which is hereby

13  authorized as an expense of the office, or in a depository in

14  an amount not in excess of the security provided pursuant to

15  s. 658.60 and the regulations of the Department of Financial

16  Services Banking and Finance.  The title of the depository

17  accounts shall include the word "sheriff" and the name of the

18  county, and withdrawals from the accounts shall be made by

19  checks signed by the duly qualified and acting sheriff of the

20  county, or his or her designated deputy or agent.

21         Section 99.  Section 40.30, Florida Statutes, is

22  amended to read:

23         40.30  Requisition endorsed by State Courts

24  Administrator or designee.--Upon receipt of such estimate and

25  the requisition from the clerk of the court, the State Courts

26  Administrator or designee shall endorse the amount that he or

27  she may deem necessary for the pay of jurors and witnesses

28  during the quarterly fiscal period and shall submit a request

29  for payment to the Chief Financial Officer Comptroller.

30         Section 100.  Section 40.31, Florida Statutes, is

31  amended to read:


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  1         40.31  State Courts Administrator may apportion

  2  appropriation.--If the State Courts Administrator shall have

  3  reason to believe that the amount appropriated by the

  4  Legislature is insufficient to meet the expenses of jurors and

  5  witnesses during the remaining part of the state fiscal year,

  6  he or she may apportion the money in the treasury for that

  7  purpose among the several counties, basing such apportionment

  8  upon the amount expended for the payment of jurors and

  9  witnesses in each county during the prior fiscal year. In such

10  case, each county shall be paid by warrant, issued by the

11  Chief Financial Officer Comptroller, only the amount so

12  apportioned to each county, and, when the amount so

13  apportioned is insufficient to pay in full all the jurors and

14  witnesses during a quarterly fiscal period, the clerk of the

15  court shall apportion the money received pro rata among the

16  jurors and witnesses entitled to pay and shall give to each

17  juror or witness a certificate of the amount of compensation

18  still due, which certificate shall be held by the State Courts

19  Administrator as other demands against the state.

20         Section 101.  Section 40.33, Florida Statutes, is

21  amended to read:

22         40.33  Deficiency.--If the compensation of jurors and

23  witnesses during a quarterly fiscal period exceeds the amount

24  estimated by the clerk of the court and therefore is

25  insufficient to pay in full the jurors and witnesses, the

26  clerk of the court shall make a further requisition upon the

27  State Courts Administrator for the amount necessary to pay

28  such default, and the amount required shall be transmitted to

29  the clerk of the court by warrant issued by the Chief

30  Financial Officer Comptroller in the same manner as the

31  original requisition or order.


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  1         Section 102.  Subsection (2) of section 40.34, Florida

  2  Statutes, is amended to read:

  3         40.34  Clerks to make triplicate payroll.--

  4         (2)  The form of such payroll shall be prescribed by

  5  the Chief Financial Officer Comptroller.

  6         Section 103.  Section 40.35, Florida Statutes, is

  7  amended to read:

  8         40.35  Accounting and payment to the State Courts

  9  Administrator.--

10         (1)  The clerk of the court shall, within 2 weeks after

11  the last day of the quarterly fiscal period, render to the

12  State Courts Administrator a full statement of accounts for

13  moneys received and disbursed under the provisions of this

14  chapter and refund to the State Courts Administrator any

15  balance in the clerk's hands.  If upon audit the State Courts

16  Administrator shall determine a balance due the clerk of the

17  court, the State Courts Administrator shall submit a request

18  for payment to the Chief Financial Officer Comptroller.

19         (2)  If a clerk of the court fails to account for and

20  pay over promptly the balance of all moneys paid him or her,

21  the sureties, if any, on a clerk's official bond are liable

22  and responsible for same; and the State Courts Administrator

23  shall report to the Governor and the Chief Financial Officer

24  Comptroller any failure on the part of the clerk of the court

25  to report and faithfully account for any such moneys.

26         Section 104.  Paragraph (b) of subsection (5) of

27  section 43.16, Florida Statutes, is amended to read:

28         43.16  Justice Administrative Commission; membership,

29  powers and duties.--

30         (5)  The duties of the commission shall include, but

31  not be limited to, the following:


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  1         (b)  Each state attorney and public defender and the

  2  Judicial Qualifications Commission shall continue to prepare

  3  necessary budgets, vouchers which represent valid claims for

  4  reimbursement by the state for authorized expenses, and other

  5  things incidental to the proper administrative operation of

  6  the office, such as revenue transmittals to the Chief

  7  Financial Officer treasurer, automated systems plans, etc.,

  8  but will forward same to the commission for recording and

  9  submission to the proper state officer.  However, when

10  requested by a state attorney or a public defender or the

11  Judicial Qualifications Commission, the commission will either

12  assist in the preparation of budget requests, voucher

13  schedules, and other forms and reports or accomplish the

14  entire project involved.

15         Section 105.  Subsections (1), (3), and (4) of section

16  43.19, Florida Statutes, are amended to read:

17         43.19  Money paid into court; unclaimed funds.--

18         (1)  In every case in which the right to withdraw money

19  deposited as hereinbefore provided has been adjudicated or is

20  not in dispute and the money has remained so deposited for 5

21  years or more unclaimed by the person, firm, or corporation

22  entitled thereto, on or before December 1 of each year the

23  judge, or one of the judges, of the court shall direct that

24  the money be deposited with the Chief Financial Officer

25  Treasurer to the credit of the State School Fund, to become a

26  part of that fund, subject to the right of the person, firm,

27  or corporation entitled thereto to receive the money as

28  provided in subsection (3).

29         (3)  Any person, firm or corporation entitled to any of

30  the money may obtain an order directing the payment of the

31  money to the claimant on written petition to the court from


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  1  which the money was deposited or its successor, and written

  2  notice to the state attorney of the circuit wherein the court

  3  is situate, whether or not the court is a circuit court, and

  4  proof of right thereto, and the money deposited shall

  5  constitute and be a permanent appropriation for payments by

  6  the Chief Financial Officer Treasurer of the state in

  7  obedience of such orders.

  8         (4)  All interest and income that accrue from the money

  9  while on deposit with the Chief Financial Officer Treasurer to

10  the credit of the State School Fund belong to that fund.

11         Section 106.  Subsections (3) and (4) of section

12  48.151, Florida Statutes, are amended to read:

13         48.151  Service on statutory agents for certain

14  persons.--

15         (3)  The Chief Financial Officer Insurance Commissioner

16  and Treasurer or his or her assistant or deputy or another

17  person in charge of the office is the agent for service of

18  process on all insurers applying for authority to transact

19  insurance in this state, all licensed nonresident insurance

20  agents, all nonresident disability insurance agents licensed

21  by the Department of Financial Services Insurance pursuant to

22  s. 626.835, any unauthorized insurer under s. 626.906 or s.

23  626.937, domestic reciprocal insurers, fraternal benefit

24  societies under chapter 632, automobile inspection and

25  warranty associations, ambulance service associations, and

26  persons required to file statements under s. 628.461.

27         (4)  The Chief Financial Officer Comptroller is the

28  agent for service of process for any issuer as defined in s.

29  517.021, or any dealer, investment adviser, or associated

30  person registered with the Department of Financial Services

31


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  1  Banking and Finance, for any violation of any provision of

  2  chapter 517.

  3         Section 107.  Subsection (1) of section 55.03, Florida

  4  Statutes, is amended to read:

  5         55.03  Judgments; rate of interest, generally.--

  6         (1)  On December 1 of each year beginning December 1,

  7  1994, the Chief Financial Officer Comptroller of the State of

  8  Florida shall set the rate of interest that shall be payable

  9  on judgments or decrees for the year beginning January 1 by

10  averaging the discount rate of the Federal Reserve Bank of New

11  York for the preceding year, then adding 500 basis points to

12  the averaged federal discount rate. The Chief Financial

13  Officer Comptroller shall inform the clerk of the courts and

14  chief judge for each judicial circuit of the rate that has

15  been established for the upcoming year. The initial interest

16  rate established by the Comptroller shall take effect on

17  January 1, 1995, and the interest rate established by the

18  Chief Financial Officer Comptroller in subsequent years shall

19  take effect on January 1 of each following year. Judgments

20  obtained on or after January 1, 1995, shall use the previous

21  statutory rate for time periods before January 1, 1995, for

22  which interest is due and shall apply the rate set by the

23  Chief Financial Officer Comptroller for time periods after

24  January 1, 1995, for which interest is due. Nothing contained

25  herein shall affect a rate of interest established by written

26  contract or obligation.

27         Section 108.  Section 57.091, Florida Statutes, is

28  amended to read:

29         57.091  Costs; refunded to counties in certain

30  proceedings relating to state prisoners.--All lawful fees,

31  costs, and expenses hereafter adjudged against, and paid by,


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  1  any county in all competency proceedings and all criminal

  2  prosecutions against state prisoners imprisoned in a state

  3  correctional institution, and in all habeas corpus cases

  4  brought to test the legality of the imprisonment of state

  5  prisoners of such correctional institutions, shall be refunded

  6  to the county paying the sum from the General Revenue Fund in

  7  the State Treasury in the manner and to the extent herein

  8  provided, to wit:  between the 1st and 15th of the month next

  9  succeeding the month in which the fees, costs, and expenses

10  have been allowed and paid by the county, the clerk of the

11  court shall make requisition on the Department of Corrections

12  for the fees, costs, and expenses so allowed and paid during

13  the preceding month, giving the style of the cases in which

14  fees, costs, and expenses were incurred and the amount and

15  items of cost in each case; providing a certified copy of the

16  judgment adjudging the fees, costs, and expenses against the

17  county and showing that the amount represented thereby has

18  been approved by the presiding judge, paid by the county, and

19  verified by the clerk; and attaching a certified copy of the

20  bill as approved and allowed by the board of county

21  commissioners of the county. If the Department of Corrections

22  finds the bills legal and adjudged against and paid by the

23  county, the department shall submit a request to the Chief

24  Financial Officer Comptroller to draw a warrant in the amount

25  thereof, or in the amount the department finds legal and

26  adjudged against and paid by the county, in favor of the

27  county paying the fees, costs, and expenses, which shall be

28  paid by the Chief Financial Officer State Treasurer from the

29  general revenue funds of the state.

30         Section 109.  Subsections (1), (3), and (4) of section

31  68.083, Florida Statutes, are amended to read:


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  1         68.083  Civil actions for false claims.--

  2         (1)  The department may diligently investigate a

  3  violation under s. 68.082. If the department finds that a

  4  person has violated or is violating s. 68.082, the department

  5  may bring a civil action under the Florida False Claims Act

  6  against the person. The Department of Financial Services

  7  Banking and Finance may bring a civil action under this

  8  section if the action arises from an investigation by that

  9  department and the Department of Legal Affairs has not filed

10  an action under this act.

11         (3)  The complaint shall be identified on its face as a

12  qui tam action and shall be filed in the circuit court of the

13  Second Judicial Circuit, in and for Leon County. Immediately

14  upon the filing of the complaint, a copy of the complaint and

15  written disclosure of substantially all material evidence and

16  information the person possesses shall be served on the

17  Attorney General, as head of the department, and on the Chief

18  Financial Officer Comptroller, as head of the Department of

19  Financial Services Banking and Finance, by registered mail,

20  return receipt requested. The department, or the Department of

21  Financial Services Banking and Finance under the circumstances

22  specified in subsection (4), may elect to intervene and

23  proceed with the action, on behalf of the state, within 90

24  days after it receives both the complaint and the material

25  evidence and information.

26         (4)  If a person brings an action under subsection (2)

27  and the action is based upon the facts underlying a pending

28  investigation by the Department of Financial Services Banking

29  and Finance, the Department of Financial Services Banking and

30  Finance, instead of the department, may take over the action

31  on behalf of the state. In order to take over the action, the


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  1  Department of Financial Services Banking and Finance must give

  2  the department written notification within 20 days after the

  3  action is filed that the Department of Financial Services

  4  Banking and Finance is conducting an investigation of the

  5  facts of the action and that the Department of Financial

  6  Services Banking and Finance, instead of the department, will

  7  take over the action filed under subsection (2). If the

  8  Department of Financial Services Banking and Finance takes

  9  over the action under this subsection, the word "department"

10  as used in this act means the Department of Financial Services

11  Banking and Finance, and that department, for purposes of that

12  action, shall have all rights and standing granted the

13  department under this act.

14         Section 110.  Subsections (3) and (6) of section

15  68.084, Florida Statutes, are amended to read:

16         68.084  Rights of the parties in civil actions.--

17         (3)  If the department elects not to proceed with the

18  action, the person who initiated the action has the right to

19  conduct the action. If the Attorney General, as head of the

20  department, or the Chief Financial Officer Comptroller, as

21  head of the Department of Financial Services Banking and

22  Finance, so requests, it shall be served, at the requesting

23  department's expense, with copies of all pleadings and motions

24  filed in the action and copies of all deposition transcripts.

25  When a person proceeds with the action, the court, without

26  limiting the rights of the person initiating the action, may

27  nevertheless permit the department to intervene and take over

28  the action on behalf of the state at a later date upon showing

29  of good cause.

30

31


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  1         (6)  The Department of Financial Services Banking and

  2  Finance, or the department, may intervene on its own behalf as

  3  a matter of right.

  4         Section 111.  Subsection (3) of section 68.087, Florida

  5  Statutes, is amended to read:

  6         68.087  Exemptions to civil actions.--

  7         (3)  No court shall have jurisdiction over an action

  8  brought under this act based upon the public disclosure of

  9  allegations or transactions in a criminal, civil, or

10  administrative hearing; in a legislative, administrative,

11  inspector general, or Auditor General, Chief Financial Officer

12  Comptroller, or Department of Financial Services Banking and

13  Finance report, hearing, audit, or investigation; or from the

14  news media, unless the action is brought by the department, or

15  unless the person bringing the action is an original source of

16  the information. For purposes of this subsection, the term

17  "original source" means an individual who has direct and

18  independent knowledge of the information on which the

19  allegations are based and has voluntarily provided the

20  information to the department before filing an action under

21  this act based on the information.

22         Section 112.  Section 68.092, Florida Statutes, is

23  amended to read:

24         68.092  Deposit of recovered moneys.--All moneys

25  recovered by the Chief Financial Officer Comptroller, as head

26  of the Department of Financial Services Banking and Finance,

27  under s. 68.086(1) in any civil action for violation of the

28  Florida False Claims Act shall be deposited in the

29  Administrative Trust Fund of the Department of Financial

30  Services Banking and Finance.

31


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  1         Section 113.  Section 77.0305, Florida Statutes, is

  2  amended to read:

  3         77.0305  Continuing writ of garnishment against salary

  4  or wages.--Notwithstanding any other provision of this

  5  chapter, if salary or wages are to be garnished to satisfy a

  6  judgment, the court shall issue a continuing writ of

  7  garnishment to the judgment debtor's employer which provides

  8  for the periodic payment of a portion of the salary or wages

  9  of the judgment debtor as the salary or wages become due until

10  the judgment is satisfied or until otherwise provided by court

11  order.  A debtor's status as an employee of the state or its

12  agencies or political subdivisions does not preclude a

13  judgment creditor's right to garnish the debtor's wages.  For

14  the purposes of this section, the state includes the judicial

15  branch and the legislative branch as defined in s. 216.011.

16  The state, for itself and for its agencies and subdivisions,

17  waives sovereign immunity for the express and limited purpose

18  necessary to carry out this section.  The court shall allow

19  the judgment debtor's employer to collect up to $5 against the

20  salary or wages of the judgment debtor to reimburse the

21  employer for administrative costs for the first deduction from

22  the judgment debtor's salary or wages and up to $2 for each

23  deduction thereafter.  The funds collected by the state under

24  this section must be deposited in the Department of Financial

25  Services Banking and Finance Administrative Trust Fund for

26  purposes of carrying out this section.

27         Section 114.  Section 92.39, Florida Statutes, is

28  amended to read:

29         92.39  Evidence of individual's claim against the state

30  in suits between them.--In suits between the state and

31  individuals, no claim for a credit shall be allowed upon


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  1  trial, but such as shall appear to have been presented to the

  2  Chief Financial Officer Comptroller for his or her the

  3  Comptroller's examination, and by him or her disallowed in

  4  whole or in part, unless it shall be proved to the

  5  satisfaction of the court that the defendant is, at the time

  6  of the trial, in possession of vouchers not before in the

  7  defendant's power to procure, and that the defendant was

  8  prevented from exhibiting a claim for such credit at the Chief

  9  Financial Officer's Comptroller's office by unavoidable

10  accident.

11         Section 115.  Subsection (4) of section 99.097, Florida

12  Statutes, is amended to read:

13         99.097  Verification of signatures on petitions.--

14         (4)  The supervisor shall be paid in advance the sum of

15  10 cents for each signature checked or the actual cost of

16  checking such signature, whichever is less, by the candidate

17  or, in the case of a petition to have an issue placed on the

18  ballot, by the person or organization submitting the petition.

19  However, if a candidate, person, or organization seeking to

20  have an issue placed upon the ballot cannot pay such charges

21  without imposing an undue burden on personal resources or upon

22  the resources otherwise available to such candidate, person,

23  or organization, such candidate, person, or organization

24  shall, upon written certification of such inability given

25  under oath to the supervisor, be entitled to have the

26  signatures verified at no charge.  In the event a candidate,

27  person, or organization submitting a petition to have an issue

28  placed upon the ballot is entitled to have the signatures

29  verified at no charge, the supervisor of elections of each

30  county in which the signatures are verified at no charge shall

31  submit the total number of such signatures checked in the


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  1  county to the Chief Financial Officer Comptroller no later

  2  than December 1 of the general election year, and the Chief

  3  Financial Officer Comptroller shall cause such supervisor of

  4  elections to be reimbursed from the General Revenue Fund in an

  5  amount equal to 10 cents for each name checked or the actual

  6  cost of checking such signatures, whichever is less.  In no

  7  event shall such reimbursement of costs be deemed or applied

  8  as extra compensation for the supervisor.  Petitions shall be

  9  retained by the supervisors for a period of 1 year following

10  the election for which the petitions were circulated.

11         Section 116.  Paragraph (a) of subsection (2) of

12  section 101.151, Florida Statutes, is amended to read:

13         101.151  Specifications for ballots.--

14         (2)(a)  The ballot shall have headings under which

15  shall appear the names of the offices and names of duly

16  nominated candidates for the respective offices in the

17  following order:  the heading "President and Vice President"

18  and thereunder the names of the candidates for President and

19  Vice President of the United States nominated by the political

20  party that received the highest vote for Governor in the last

21  general election of the Governor in this state.  Then shall

22  appear the names of other candidates for President and Vice

23  President of the United States who have been properly

24  nominated.  Votes cast for write-in candidates for President

25  and Vice President shall be counted as votes cast for the

26  presidential electors supporting such candidates.  Then shall

27  follow the heading "Congressional" and thereunder the offices

28  of United States Senator and Representative in Congress; then

29  the heading "State" and thereunder the offices of Governor and

30  Lieutenant Governor, Secretary of State, Attorney General,

31  Chief Financial Officer Comptroller, Treasurer, Commissioner


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  1  of Education, Commissioner of Agriculture, state attorney, and

  2  public defender, together with the names of the candidates for

  3  each office and the title of the office which they seek; then

  4  the heading "Legislative" and thereunder the offices of state

  5  senator and state representative; then the heading "County"

  6  and thereunder clerk of the circuit court, clerk of the county

  7  court (when authorized by law), sheriff, property appraiser,

  8  tax collector, district superintendent of schools, and

  9  supervisor of elections. Thereafter follows: members of the

10  board of county commissioners, and such other county and

11  district offices as are involved in the general election, in

12  the order fixed by the Department of State, followed, in the

13  year of their election, by "Party Offices," and thereunder the

14  offices of state and county party executive committee members.

15  In addition to the names printed on the ballot, a blank space

16  shall be provided under each heading for an office for which a

17  write-in candidate has qualified. With respect to write-in

18  candidates, if two or more candidates are seeking election to

19  one office, only one blank space shall be provided.

20         Section 117.  Subsection (6) of section 103.091,

21  Florida Statutes, is amended to read:

22         103.091  Political parties.--

23         (6)(a)1.  In addition to the members provided for in

24  subsection (1), each county executive committee shall include

25  all members of the Legislature who are residents of the county

26  and members of their respective political party and who shall

27  be known as at-large committeemen and committeewomen.

28         (b)2.  Each state executive committee shall include, as

29  at-large committeemen and committeewomen, all members of the

30  United States Congress representing the State of Florida who

31  are members of the political party, all statewide elected


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  1  officials who are members of the party, and the President of

  2  the Senate or the Minority Leader in the Senate, and the

  3  Speaker of the House of Representatives or the Minority Leader

  4  in the House of Representatives, whichever is a member of the

  5  political party, and 20 members of the Legislature who are

  6  members of the political party.  Ten of the legislators shall

  7  be appointed with the concurrence of the state chair of the

  8  respective party, as follows: five to be appointed by the

  9  President of the Senate; five by the Minority Leader in the

10  Senate; five by the Speaker of the House of Representatives;

11  and five by the Minority Leader in the House.

12         (c)3.  When a political party allows any member of the

13  state executive committee to have more than one vote per

14  person, other than by proxy, in a matter coming before the

15  state executive committee, the 20 members of the Legislature

16  appointed under paragraph (b) subparagraph 2. shall not be

17  appointed to the state executive committee and the following

18  elected officials who are members of that political party

19  shall be appointed and shall have the following votes:

20         1.a.  Governor:  a number equal to 15 percent of votes

21  cast by state executive committeemen and committeewomen;

22         2.b.  Lieutenant Governor:  a number equal to 5 percent

23  of the votes cast by state executive committeemen and

24  committeewomen;

25         3.c.  Each member of the United States Senate

26  representing the state: a number equal to 10 percent of the

27  votes cast by state executive committeemen and committeewomen;

28         4.d.  Secretary of State:  a number equal to 5 percent

29  of the votes cast by state executive committeemen and

30  committeewomen;

31


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  1         5.e.  Attorney General:  a number equal to 5 percent of

  2  the votes cast by state executive committeemen and

  3  committeewomen;

  4         6.f.  Comptroller:  a number equal to 5 percent of the

  5  votes cast by state executive committeemen and committeewomen;

  6         7.g.  Treasurer:  a number equal to 5 percent of the

  7  votes cast by state executive committeemen and committeewomen;

  8         8.h.  Commissioner of Agriculture:  a number equal to 5

  9  percent of the votes cast by state executive committeemen and

10  committeewomen;

11         9.i.  Commissioner of Education:  a number equal to 5

12  percent of the votes cast by state executive committeemen and

13  committeewomen;

14         10.j.  President of the Senate: a number equal to 10

15  percent of the votes cast by state executive committeemen and

16  committeewomen;

17         11.k.  Minority leader of the Senate:  a number equal

18  to 10 percent of the votes cast by state executive

19  committeemen and committeewomen;

20         12.l.  Speaker of the House of Representatives:  a

21  number equal to 10 percent of the votes cast by state

22  executive committeemen and committeewomen;

23         13.m.  Minority leader of the House of Representatives:

24  a number equal to 10 percent of the votes cast by state

25  executive committeemen and committeewomen; and

26         14.n.  Each member of the United States House of

27  Representatives representing the state:  a number equal to 1

28  percent of the votes cast by state executive committeemen and

29  committeewomen.

30         (d)1.4.a.  The governing body of each state executive

31  committee as defined by party rule shall include as at-large


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  1  committeemen and committeewomen all statewide elected

  2  officials who are members of such political party; up to four

  3  members of the United States Congress representing the state

  4  who are members of such political party and who shall be

  5  appointed by the state chair on the basis of geographic

  6  representation; the permanent presiding officer selected by

  7  the members of each house of the Legislature who are members

  8  of such political party; and the minority leader selected by

  9  the members of each house of the Legislature who are members

10  of such political party.

11         2.b.  All members of the governing body shall have one

12  vote per person.

13         Section 118.  Section 107.11, Florida Statutes, is

14  amended to read:

15         107.11  Appropriation for expenses.--For the purpose of

16  defraying the expenses of preparing for, conducting, holding

17  and declaring the result of the election provided for by this

18  chapter and also for the purpose of defraying the expenses

19  allowed by this chapter for the holding of sessions of the

20  convention as herein provided, to be audited by the Chief

21  Financial Officer Comptroller, there is appropriated out of

22  the General Revenue Fund of the State of Florida a sufficient

23  sum of money for the payment of all amounts necessary to be

24  expended under the terms of this chapter, which sums of money

25  shall be disbursed by the State of Florida pursuant to

26  warrants drawn by the Chief Financial Officer Comptroller upon

27  the Treasurer for the payment of same.

28         Section 119.  Paragraph (a) of subsection (2) of

29  section 110.1127, Florida Statutes, is amended to read:

30         110.1127  Employee security checks.--

31


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  1         (2)(a)  All positions within the Division of Treasury

  2  of the Department of Financial Services Insurance are deemed

  3  to be positions of special trust or responsibility, and a

  4  person may be disqualified for employment in any such position

  5  by reason of:

  6         1.  The conviction or prior conviction of a crime which

  7  is reasonably related to the nature of the position sought or

  8  held by the individual; or

  9         2.  The entering of a plea of nolo contendere or, when

10  a jury verdict of guilty is rendered but adjudication of guilt

11  is withheld, with respect to a crime which is reasonably

12  related to the nature of the position sought or held by the

13  individual.

14         Section 120.  Subsection (1) of section 110.113,

15  Florida Statutes, is amended to read:

16         110.113  Pay periods for state officers and employees;

17  salary payments by direct deposit.--

18         (1)  The normal pay period for salaries of state

19  officers and employees shall be 1 month.  The Department of

20  Financial Services Banking and Finance shall issue either

21  monthly or biweekly salary payments by state warrants or by

22  direct deposit pursuant to s. 17.076 or make semimonthly

23  salary payments by direct deposit pursuant to s. 17.076, as

24  requested by the head of each state agency and approved by the

25  Executive Office of the Governor and the Department of

26  Financial Services Banking and Finance.

27         Section 121.  Subsection (1) of section 110.114,

28  Florida Statutes, is amended to read:

29         110.114  Employee wage deductions.--

30         (1)  The state or any of its departments, bureaus,

31  commissions, and officers are authorized and permitted, with


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  1  the concurrence of the Department of Financial Services

  2  Banking and Finance, to make deductions from the salary or

  3  wage of any employee or employees in such amount as shall be

  4  authorized and requested by such employee or employees and for

  5  such purpose as shall be authorized and requested by such

  6  employee or employees and shall pay such sums so deducted as

  7  directed by such employee or employees.  The concurrence of

  8  the Department of Financial Services Banking and Finance shall

  9  not be required for the deduction of a certified bargaining

10  agent's membership dues deductions pursuant to s. 447.303 or

11  any deductions authorized by a collective bargaining

12  agreement.

13         Section 122.  Section 110.116, Florida Statutes, is

14  amended to read:

15         110.116  Personnel information system; payroll

16  procedures.--The Department of Management Services shall

17  establish and maintain, in coordination with the payroll

18  system of the Department of Financial Services Banking and

19  Finance, a complete personnel information system for all

20  authorized and established positions in the state service,

21  with the exception of employees of the Legislature.  The

22  specifications shall be developed in conjunction with the

23  payroll system of the Department of Financial Services Banking

24  and Finance and in coordination with the Auditor General.  The

25  Department of Financial Services Banking and Finance shall

26  determine that the position occupied by each employee has been

27  authorized and established in accordance with the provisions

28  of s. 216.251.  The Department of Management Services shall

29  develop and maintain a position numbering system that will

30  identify each established position, and such information shall

31  be a part of the payroll system of the Department of Financial


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  1  Services Banking and Finance.  With the exception of employees

  2  of the Legislature, this system shall include all career

  3  service positions and those positions exempted from career

  4  service provisions, notwithstanding the funding source of the

  5  salary payments, and information regarding persons receiving

  6  payments from other sources. Necessary revisions shall be made

  7  in the personnel and payroll procedures of the state to avoid

  8  duplication insofar as is feasible.  A list shall be organized

  9  by budget entity to show the employees or vacant positions

10  within each budget entity.  This list shall be available to

11  the Speaker of the House of Representatives and the President

12  of the Senate upon request.

13         Section 123.  Paragraph (a) of subsection (3) and

14  paragraph (b) of subsection (6) of section 110.1227, Florida

15  Statutes, are amended to read:

16         110.1227  Florida Employee Long-Term-Care Plan Act.--

17         (3)  The Department of Management Services and the

18  department shall, in consultation with public employers and

19  employees and representatives from unions and associations

20  representing state, university, local government, and other

21  public employees, establish and supervise the implementation

22  and administration of a self-funded or fully insured

23  long-term-care plan entitled "Florida Employee Long-Term-Care

24  Plan."

25         (a)  The Department of Management Services and the

26  department shall, in consultation with the Department of

27  Financial Services Insurance, contract for actuarial,

28  professional-administrator, and other services for the Florida

29  Employee Long-Term-Care Plan.

30

31


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  1         (6)  A Florida Employee Long-Term-Care Plan Board of

  2  Directors is created, composed of nine members who shall serve

  3  2-year terms, to be appointed after May 1, 1999, as follows:

  4         (b)  The Chief Financial Officer Insurance Commissioner

  5  shall appoint an actuary.

  6         Section 124.  Paragraph (f) of subsection (5) of

  7  section 110.1228, Florida Statutes, is amended to read:

  8         110.1228  Participation by small counties, small

  9  municipalities, and district school boards located in small

10  counties.--

11         (5)  If the department determines that a small county,

12  small municipality, or district school board is eligible to

13  enroll, the small county, small municipality, or district

14  school board must agree to the following terms and conditions:

15         (f)  If a small county, small municipality, or district

16  school board employer fails to make the payments required by

17  this section to fully reimburse the state, the Department of

18  Revenue or the Department of Financial Services Banking and

19  Finance shall, upon the request of the Department of

20  Management Services, deduct the amount owed by the employer

21  from any funds not pledged to bond debt service satisfaction

22  that are to be distributed by it to the small county, small

23  municipality, or district school board. The amounts so

24  deducted shall be transferred to the Department of Management

25  Services for further distribution to the trust funds in

26  accordance with this chapter.

27         Section 125.  Paragraph (f) of subsection (4) and

28  paragraphs (b) and (c) of subsection (5) of section 110.123,

29  Florida Statutes, are amended to read:

30         110.123  State group insurance program.--

31


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  1         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

  2  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

  3         (f)  Pursuant to the request of each state officer,

  4  full-time or part-time state employee, or retiree

  5  participating in the state group insurance program, and upon

  6  certification of the employing agency approved by the

  7  department, the Chief Financial Officer Comptroller shall

  8  deduct from the salary or retirement warrant payable to each

  9  participant the amount so certified and shall handle such

10  deductions in accordance with rules established by the

11  department.

12         (5)  DEPARTMENT POWERS AND DUTIES.--The department is

13  responsible for the administration of the state group

14  insurance program.  The department shall initiate and

15  supervise the program as established by this section and shall

16  adopt such rules as are necessary to perform its

17  responsibilities.  To implement this program, the department

18  shall, with prior approval by the Legislature:

19         (b)  Prepare, in cooperation with the Department of

20  Financial Services Insurance, the specifications necessary to

21  implement the program.

22         (c)  Contract on a competitive proposal basis with an

23  insurance carrier or carriers, or professional administrator,

24  determined by the Department of Financial Services Insurance

25  to be fully qualified, financially sound, and capable of

26  meeting all servicing requirements.  Alternatively, the

27  department may self-insure any plan or plans contained in the

28  state group insurance program subject to approval based on

29  actuarial soundness by the Department of Financial Services

30  Insurance.  The department may contract with an insurance

31  company or professional administrator qualified and approved


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  1  by the Department of Financial Services Insurance to

  2  administer such plan. Before entering into any contract, the

  3  department shall advertise for competitive proposals, and such

  4  contract shall be let upon the consideration of the benefits

  5  provided in relationship to the cost of such benefits. In

  6  determining which entity to contract with, the department

  7  shall, at a minimum, consider:  the entity's previous

  8  experience and expertise in administering group insurance

  9  programs of the type it proposes to administer; the entity's

10  ability to specifically perform its contractual obligations in

11  this state and other governmental jurisdictions; the entity's

12  anticipated administrative costs and claims experience; the

13  entity's capability to adequately provide service coverage and

14  sufficient number of experienced and qualified personnel in

15  the areas of claims processing, recordkeeping, and

16  underwriting, as determined by the department; the entity's

17  accessibility to state employees and providers; the financial

18  solvency of the entity, using accepted business sector

19  measures of financial performance. The department may contract

20  for medical services which will improve the health or reduce

21  medical costs for employees who participate in the state group

22  insurance plan.

23

24  Final decisions concerning enrollment, the existence of

25  coverage, or covered benefits under the state group insurance

26  program shall not be delegated or deemed to have been

27  delegated by the department.

28         Section 126.  Section 110.125, Florida Statutes, is

29  amended to read:

30         110.125  Administrative costs.--The administrative

31  expenses and costs of operating the personnel program


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  1  established by this chapter shall be paid by the various

  2  agencies of the state government, and each such agency shall

  3  include in its budget estimates its pro rata share of such

  4  cost as determined by the Department of Management Services.

  5  To establish an equitable division of the costs, the amount to

  6  be paid by each agency shall be determined in such proportion

  7  as the service rendered to each agency bears to the total

  8  service rendered under the provisions of this chapter.  The

  9  amounts paid to the Department of Management Services which

10  are attributable to positions within the Senior Management

11  Service and the Selected Professional Service shall be used

12  for the administration of such services, training activities

13  for positions within those services, and the development and

14  implementation of a database of pertinent historical

15  information on exempt positions.  Should any state agency

16  become more than 90 days delinquent in payment of this

17  obligation, the department shall certify to the Chief

18  Financial Officer Comptroller the amount due and the Chief

19  Financial Officer Comptroller shall transfer the amount due to

20  the department from any debtor agency funds available.

21         Section 127.  Paragraph (a) of subsection (1) of

22  section 110.181, Florida Statutes, is amended to read:

23         110.181  Florida State Employees' Charitable

24  Campaign.--

25         (1)  CREATION AND ORGANIZATION OF CAMPAIGN.--

26         (a)  The Department of Management Services shall

27  establish and maintain, in coordination with the payroll

28  system of the Department of Financial Services Banking and

29  Finance, an annual Florida State Employees' Charitable

30  Campaign.  Except as provided in subsection (5), this annual

31  fundraising drive is the only authorized charitable


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  1  fundraising drive directed toward state employees within work

  2  areas during work hours, and for which the state will provide

  3  payroll deduction.

  4         Section 128.  Subsection (1) of section 110.2037,

  5  Florida Statutes, is amended to read:

  6         110.2037  Alternative benefits; tax-sheltered annual

  7  leave and sick leave payments and special compensation

  8  payments.--

  9         (1)  The Department of Management Services has

10  authority to adopt tax-sheltered plans under s. 401(a) of the

11  Internal Revenue Code for state employees who are eligible for

12  payment for accumulated leave. The department, upon adoption

13  of the plans, shall contract for a private vendor or vendors

14  to administer the plans. These plans shall be limited to state

15  employees who are over age 55 and who are: eligible for

16  accumulated leave and special compensation payments and

17  separating from employment with 10 years of service in

18  accordance with the Internal Revenue Code, or who are

19  participating in the Deferred Retirement Option Program on or

20  after July 1, 2001. The plans must provide benefits in a

21  manner that minimizes the tax liability of the state and

22  participants. The plans must be funded by employer

23  contributions of payments for accumulated leave or special

24  compensation payments, or both, as specified by the

25  department. The plans must have received all necessary federal

26  and state approval as required by law, must not adversely

27  impact the qualified status of the Florida Retirement System

28  defined benefit or defined contribution plans or the pretax

29  benefits program, and must comply with the provisions of s.

30  112.65. Adoption of any plan is contingent on: the department

31  receiving appropriate favorable rulings from the Internal


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  1  Revenue Service; the department negotiating under the

  2  provisions of chapter 447, where applicable; and the Chief

  3  Financial Officer Comptroller making appropriate changes to

  4  the state payroll system. The department's request for

  5  proposals by vendors for such plans may require that the

  6  vendors provide market-risk or volatility ratings from

  7  recognized rating agencies for each of their investment

  8  products. The department shall provide for a system of

  9  continuous quality assurance oversight to ensure that the

10  program objectives are achieved and that the program is

11  prudently managed.

12         Section 129.  Subsection (6) of section 110.205,

13  Florida Statutes, is amended to read:

14         110.205  Career service; exemptions.--

15         (6)  EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY

16  PROGRAM, DEPARTMENT OF FINANCIAL SERVICES INSURANCE.--In

17  addition to those positions exempted from this part, there is

18  hereby exempted from the Career Service System the chief

19  inspector of the boiler inspection program of the Department

20  of Financial Services Insurance. The salary range of this

21  position shall be established by the Department of Management

22  Services in accordance with the classification and pay plan

23  established for the Selected Exempt Service.

24         Section 130.  Paragraph (b) of subsection (5),

25  paragraph (b) of subsection (7), paragraph (b) of subsection

26  (8), and subsections (9), (11), and (13) of section 112.061,

27  Florida Statutes, are amended to read:

28         112.061  Per diem and travel expenses of public

29  officers, employees, and authorized persons.--

30         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

31  purposes of reimbursement and methods of calculating


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  1  fractional days of travel, the following principles are

  2  prescribed:

  3         (b)  A traveler shall not be reimbursed on a per diem

  4  basis for Class C travel, but shall receive subsistence as

  5  provided in this section, which allowance for meals shall be

  6  based on the following schedule:

  7         1.  Breakfast--When travel begins before 6 a.m. and

  8  extends beyond 8 a.m.

  9         2.  Lunch--When travel begins before 12 noon and

10  extends beyond 2 p.m.

11         3.  Dinner--When travel begins before 6 p.m. and

12  extends beyond 8 p.m., or when travel occurs during nighttime

13  hours due to special assignment.

14

15  No allowance shall be made for meals when travel is confined

16  to the city or town of the official headquarters or immediate

17  vicinity; except assignments of official business outside the

18  traveler's regular place of employment if travel expenses are

19  approved.  The Chief Financial Officer Comptroller shall

20  establish a schedule for processing Class C travel subsistence

21  payments at least on a monthly basis.

22         (7)  TRANSPORTATION.--

23         (b)  The Department of Financial Services Banking and

24  Finance may provide any form it deems necessary to cover

25  travel requests for traveling on official business and when

26  paid by the state.

27         (8)  OTHER EXPENSES.--

28         (b)  Other expenses which are not specifically

29  authorized by this section may be approved by the Department

30  of Financial Services Banking and Finance pursuant to rules

31  adopted by it.  Expenses approved pursuant to this paragraph


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  1  shall be reported by the Department of Financial Services

  2  Banking and Finance to the Auditor General annually.

  3         (9)  RULES AND REGULATIONS.--

  4         (a)  The Department of Financial Services Banking and

  5  Finance shall adopt promulgate such rules and regulations,

  6  including, but not limited to, the general criteria to be used

  7  by a state agency to predetermine justification for attendance

  8  by state officers and employees and authorized persons at

  9  conventions and conferences, and prescribe such forms as may

10  be necessary to effectuate the purposes of this section.  The

11  department may also adopt rules prescribing the proper

12  disposition and use of promotional items and rebates offered

13  by common carriers and other entities in connection with

14  travel at public expense; however, before adopting such rules,

15  the department shall consult with the appropriation committees

16  of the Legislature.

17         (b)  Each state agency shall promulgate such additional

18  specific rules and regulations and specific criteria to be

19  used by it to predetermine justification for attendance by

20  state officers and employees and authorized persons at

21  conventions and conferences, not in conflict with the rules

22  and regulations of the Department of Financial Services

23  Banking and Finance or with the general criteria to be used by

24  a state agency to predetermine justification for attendance by

25  state officers and employees and authorized persons at

26  conventions, as may be necessary to effectuate the purposes of

27  this section.

28         (11)  TRAVEL AUTHORIZATION AND VOUCHER FORMS.--

29         (a)  Authorization forms.--The Department of Financial

30  Services Banking and Finance shall furnish a uniform travel

31  authorization request form which shall be used by all state


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  1  officers and employees and authorized persons when requesting

  2  approval for the performance of travel to a convention or

  3  conference.  The form shall include, but not be limited to,

  4  provision for the name of each traveler, purpose of travel,

  5  period of travel, estimated cost to the state, and a statement

  6  of benefits accruing to the state by virtue of such travel.  A

  7  copy of the program or agenda of the convention or conference,

  8  itemizing registration fees and any meals or lodging included

  9  in the registration fee, shall be attached to, and filed with,

10  the copy of the travel authorization request form on file with

11  the agency.  The form shall be signed by the traveler and by

12  the traveler's supervisor stating that the travel is to be

13  incurred in connection with official business of the state.

14  The head of the agency or his or her designated representative

15  shall not authorize or approve such request in the absence of

16  the appropriate signatures. A copy of the travel authorization

17  form shall be attached to, and become a part of, the support

18  of the agency's copy of the travel voucher.

19         (b)  Voucher forms.--

20         1.  The Department of Financial Services Banking and

21  Finance shall furnish a uniform travel voucher form which

22  shall be used by all state officers and employees and

23  authorized persons when submitting travel expense statements

24  for approval and payment.  No travel expense statement shall

25  be approved for payment by the Chief Financial Officer

26  Comptroller unless made on the form prescribed and furnished

27  by the department. The travel voucher form shall provide for,

28  among other things, the purpose of the official travel and a

29  certification or affirmation, to be signed by the traveler,

30  indicating the truth and correctness of the claim in every

31  material matter, that the travel expenses were actually


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  1  incurred by the traveler as necessary in the performance of

  2  official duties, that per diem claimed has been appropriately

  3  reduced for any meals or lodging included in the convention or

  4  conference registration fees claimed by the traveler, and that

  5  the voucher conforms in every respect with the requirements of

  6  this section.  The original copy of the executed uniform

  7  travel authorization request form shall be attached to the

  8  uniform travel voucher on file with the respective agency.

  9         2.  Statements for travel expenses incidental to the

10  rendering of medical services for and on behalf of clients of

11  the Department of Health shall be on forms approved by the

12  Department of Financial Services Banking and Finance.

13         (13)  DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever

14  an agency requires an employee to incur either Class A or

15  Class B travel on emergency notice to the traveler, such

16  traveler may request the agency to pay his or her expenses for

17  meals and lodging directly to the vendor, and the agency may

18  pay the vendor the actual expenses for meals and lodging

19  during the travel period, limited to an amount not to exceed

20  that authorized pursuant to this section. In emergency

21  situations, the agency head or his or her designee may

22  authorize an increase in the amount paid for a specific meal,

23  provided that the total daily cost of meals does not exceed

24  the total amount authorized for meals each day.  The agency

25  head or his or her designee may also grant prior approval for

26  a state agency to make direct payments of travel expenses in

27  other situations that result in cost savings to the state, and

28  such cost savings shall be documented in the voucher submitted

29  to the Chief Financial Officer Comptroller for the direct

30  payment of travel expenses.  The provisions of this subsection

31


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  1  shall not be deemed to apply to any legislator or to any

  2  employee of the Legislature.

  3         Section 131.  Subsections (2), (5), and (6) of section

  4  112.08, Florida Statutes, are amended to read:

  5         112.08  Group insurance for public officers, employees,

  6  and certain volunteers; physical examinations.--

  7         (2)(a)  Every local governmental unit is authorized to

  8  provide and pay out of its available funds for all or part of

  9  the premium for life, health, accident, hospitalization, legal

10  expense, or annuity insurance, or all or any kinds of such

11  insurance, for the officers and employees of the local

12  governmental unit and for health, accident, hospitalization,

13  and legal expense insurance for the dependents of such

14  officers and employees upon a group insurance plan and, to

15  that end, to enter into contracts with insurance companies or

16  professional administrators to provide such insurance.  Before

17  entering any contract for insurance, the local governmental

18  unit shall advertise for competitive bids; and such contract

19  shall be let upon the basis of such bids. If a contracting

20  health insurance provider becomes financially impaired as

21  determined by the Department of Financial Services Insurance

22  or otherwise fails or refuses to provide the contracted-for

23  coverage or coverages, the local government may purchase

24  insurance, enter into risk management programs, or contract

25  with third-party administrators and may make such acquisitions

26  by advertising for competitive bids or by direct negotiations

27  and contract. The local governmental unit may undertake

28  simultaneous negotiations with those companies which have

29  submitted reasonable and timely bids and are found by the

30  local governmental unit to be fully qualified and capable of

31  meeting all servicing requirements.  Each local governmental


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  1  unit may self-insure any plan for health, accident, and

  2  hospitalization coverage or enter into a risk management

  3  consortium to provide such coverage, subject to approval based

  4  on actuarial soundness by the Department of Financial Services

  5  Insurance; and each shall contract with an insurance company

  6  or professional administrator qualified and approved by the

  7  Department of Financial Services Insurance to administer such

  8  a plan.

  9         (b)  In order to obtain approval from the Department of

10  Insurance of any self-insured plan for health, accident, and

11  hospitalization coverage, each local governmental unit or

12  consortium shall submit its plan along with a certification as

13  to the actuarial soundness of the plan, which certification is

14  prepared by an actuary who is a member of the Society of

15  Actuaries or the American Academy of Actuaries. The Department

16  of Financial Services Insurance shall not approve the plan

17  unless it determines that the plan is designed to provide

18  sufficient revenues to pay current and future liabilities, as

19  determined according to generally accepted actuarial

20  principles.  After implementation of an approved plan, each

21  local governmental unit or consortium shall annually submit to

22  the Department of Financial Services Insurance a report which

23  includes a statement prepared by an actuary who is a member of

24  the Society of Actuaries or the American Academy of Actuaries

25  as to the actuarial soundness of the plan.  The report is due

26  90 days after the close of the fiscal year of the plan.  The

27  report shall consist of, but is not limited to:

28         1.  The adequacy of contribution rates in meeting the

29  level of benefits provided and the changes, if any, needed in

30  the contribution rates to achieve or preserve a level of

31  funding deemed adequate to enable payment of the benefit


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  1  amounts provided under the plan and a valuation of present

  2  assets, based on statement value, and prospective assets and

  3  liabilities of the plan and the extent of any unfunded accrued

  4  liabilities.

  5         2.  A plan to amortize any unfunded liabilities and a

  6  description of actions taken to reduce unfunded liabilities.

  7         3.  A description and explanation of actuarial

  8  assumptions.

  9         4.  A schedule illustrating the amortization of any

10  unfunded liabilities.

11         5.  A comparative review illustrating the level of

12  funds available to the plan from rates, investment income, and

13  other sources realized over the period covered by the report

14  with the assumptions used.

15         6.  A statement by the actuary that the report is

16  complete and accurate and that in the actuary's opinion the

17  techniques and assumptions used are reasonable and meet the

18  requirements and intent of this subsection.

19         7.  Other factors or statements as required by the

20  Department of Insurance in order to determine the actuarial

21  soundness of the plan.

22

23  All assumptions used in the report shall be based on

24  recognized actuarial principles acceptable to the Department

25  of Financial Services Insurance. The Department of Financial

26  Services Insurance shall review the report and shall notify

27  the administrator of the plan and each entity participating in

28  the plan, as identified by the administrator, of any actuarial

29  deficiencies.  Each local governmental unit is responsible for

30  payment of valid claims of its employees that are not paid

31


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  1  within 60 days after receipt by the plan administrator or

  2  consortium.

  3         (c)  Every local governmental unit is authorized to

  4  expend funds for preemployment physical examinations and

  5  postemployment physical examinations.

  6         (5)  The Department of Management Services shall

  7  initiate and supervise a group insurance program providing

  8  death and disability benefits for active members of the

  9  Florida Highway Patrol Auxiliary, with coverage beginning July

10  1, 1978, and purchased from state funds appropriated for that

11  purpose.  The Department of Management Services, in

12  cooperation with the Department of Financial Services

13  Insurance, shall prepare specifications necessary to implement

14  the program, and the Department of Management Services shall

15  receive bids and award the contract in accordance with general

16  law.

17         (6)  The Department of Financial Services Insurance is

18  authorized to adopt rules to carry out the provisions of this

19  section as they pertain to its duties.

20         Section 132.  Paragraph (h) of subsection (2) of

21  section 112.191, Florida Statutes, is amended to read:

22         112.191  Firefighters; death benefits.--

23         (2)

24         (h)  The Division of the State Fire Marshal within the

25  Department of Financial Services Insurance is directed to

26  adopt promulgate rules as are necessary to implement the

27  provisions of this section.

28         Section 133.  Subsections (2) and (4), paragraph (a) of

29  subsection (6), paragraphs (a), (d), (f), and (h) of

30  subsection (8), paragraph (b) of subsection (10), and

31


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  1  subsections (11) and (12) of section 112.215, Florida

  2  Statutes, are amended to read:

  3         112.215  Government employees; deferred compensation

  4  program.--

  5         (2)  For the purposes of this section:,

  6         (a)  The term "employee" means any person, whether

  7  appointed, elected, or under contract, providing services for

  8  the state; any state agency or county or other political

  9  subdivision of the state; any municipality; or any

10  constitutional county officer under s. 1(d), Art. VIII of the

11  State Constitution for which compensation or statutory fees

12  are paid;.

13         (b)  The term "department" means the Department of

14  Management Services.

15         (4)(a)  The department Treasurer, with the approval of

16  the State Board of Administration, shall establish such plan

17  or plans of deferred compensation for state employees,

18  including all such investment vehicles or products incident

19  thereto, as may be available through, or offered by, qualified

20  companies or persons, and may approve one or more such plans

21  for implementation by and on behalf of the state and its

22  agencies and employees.

23         (b)  The department may If the Treasurer deems it

24  advisable, he or she shall have the power, with the approval

25  of the State Board of Administration, to create a trust or

26  other special funds for the segregation of funds or assets

27  resulting from compensation deferred at the request of

28  employees of the state or its agencies and for the

29  administration of such program.

30         (c)  The department Treasurer, with the approval of the

31  State Board of Administration, may delegate responsibility for


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  1  administration of the plan to a person the department

  2  Treasurer determines to be qualified, compensate such person,

  3  and, directly or through such person or pursuant to a

  4  collective bargaining agreement, contract with a private

  5  corporation or institution to provide such services as may be

  6  part of any such plan or as may be deemed necessary or proper

  7  by the department Treasurer or such person, including, but not

  8  limited to, providing consolidated billing, individual and

  9  collective recordkeeping and accountings, asset purchase,

10  control, and safekeeping, and direct disbursement of funds to

11  employees or other beneficiaries. The department Treasurer may

12  authorize a person, private corporation, or institution to

13  make direct disbursement of funds under the plan to an

14  employee or other beneficiary only upon the order of the Chief

15  Financial Officer Comptroller to the Treasurer.

16         (d)  In accordance with such approved plan, and upon

17  contract or agreement with an eligible employee, deferrals of

18  compensation may be accomplished by payroll deductions made by

19  the appropriate officer or officers of the state, with such

20  funds being thereafter held and administered in accordance

21  with the plan.

22         (6)(a)  No deferred compensation plan of the state

23  shall become effective until approved by the State Board of

24  Administration and the department Treasurer is satisfied by

25  opinion from such federal agency or agencies as may be deemed

26  necessary that the compensation deferred thereunder and/or the

27  investment products purchased pursuant to the plan will not be

28  included in the employee's taxable income under federal or

29  state law until it is actually received by such employee under

30  the terms of the plan, and that such compensation will

31  nonetheless be deemed compensation at the time of deferral for


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  1  the purposes of social security coverage, for the purposes of

  2  the state retirement system, and for any other retirement,

  3  pension, or benefit program established by law.

  4         (8)(a)  There is hereby created a Deferred Compensation

  5  Advisory Council composed of seven members.

  6         1.  One member shall be appointed by the Speaker of the

  7  House of Representatives and the President of the Senate

  8  jointly and shall be an employee of the legislative branch.

  9         2.  One member shall be appointed by the Chief Justice

10  of the Supreme Court and shall be an employee of the judicial

11  branch.

12         3.  One member shall be appointed by the chair of the

13  Public Employees Relations Commission and shall be a nonexempt

14  public employee.

15         4.  The remaining four members shall be employed by the

16  executive branch and shall be appointed as follows:

17         a.  One member shall be appointed by the Division of

18  Colleges and Universities of the Florida Board of Education

19  Chancellor of the State University System and shall be an

20  employee of the university system.

21         b.  One member shall be appointed by the department

22  Treasurer and shall be an employee of the department

23  Treasurer.

24         c.  One member shall be appointed by the Governor and

25  shall be an employee of the executive branch.

26         d.  One member shall be appointed by the Chief

27  Financial Officer Comptroller and shall be an employee of the

28  Chief Financial Officer Comptroller.

29         (d)  The council shall meet at the call of its chair,

30  at the request of a majority of its membership, or at the

31  request of the department Treasurer, but not less than twice a


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  1  year.  The business of the council shall be presented to the

  2  council in the form of an agenda.  The agenda shall be set by

  3  the department Treasurer and shall include items of business

  4  requested by the council members.

  5         (f)  The council shall make a report of each meeting to

  6  the department Treasurer, which shall show the names of the

  7  members present and shall include a record of its discussions,

  8  recommendations, and actions taken.  The department Treasurer

  9  shall keep the records of the proceedings of each meeting on

10  file and shall make the records available to any interested

11  person or group.

12         (h)  The advisory council shall provide assistance and

13  recommendations to the department Treasurer relating to the

14  provisions of the plan, the insurance or investment options to

15  be offered under the plan, and any other contracts or

16  appointments deemed necessary by the council and the

17  department Treasurer to carry out the provisions of this act.

18  The department Treasurer shall inform the council of the

19  manner in which each council recommendation is being

20  addressed.  The department Treasurer shall provide the

21  council, at least annually, a report on the status of the

22  deferred compensation program, including, but not limited to,

23  information on participant enrollment, amount of compensation

24  deferred, total plan assets, product provider performance, and

25  participant satisfaction with the program.

26         (10)

27         (b)1.  There is created in the department State

28  Treasury the Deferred Compensation Trust Fund, through which

29  the department Treasurer as trustee shall hold moneys,

30  pensions, annuities, or other benefits accrued or accruing

31  under and pursuant to 26 U.S.C. s. 457 and the deferred


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  1  compensation plan provided for therein and adopted by this

  2  state; and

  3         a.  All amounts of compensation deferred thereunder;

  4         b.  All property and rights purchased with such

  5  amounts; and

  6         c.  All income attributable to such amounts, property,

  7  or rights.

  8         2.  Notwithstanding the mandates of 26 U.S.C. s.

  9  457(b)(6), all of the assets specified in subparagraph 1.

10  shall be held in trust for the exclusive benefit of

11  participants and their beneficiaries as mandated by 26 U.S.C.

12  s. 457(g)(1).

13         (11)  With respect to any funds held pursuant to a

14  deferred compensation plan, any plan provider which is a bank

15  or savings association and which provides time deposit

16  accounts and certificates of deposit as an investment product

17  to the plan participants may, with the approval of the State

18  Board of Administration for providers in the state plan, or

19  with the approval of the appropriate official or body

20  designated under subsection (5) for a plan of a county,

21  municipality, other political subdivision, or constitutional

22  county officer, be exempt from the provisions of chapter 280

23  requiring it to be a qualified public depository, provided:

24         (a)  The bank or savings association shall, to the

25  extent that the time deposit accounts or certificates of

26  deposit are not insured by the Federal Deposit Insurance

27  Corporation or the Federal Savings and Loan Insurance

28  Corporation, pledge collateral with the Chief Financial

29  Officer Treasurer for all state funds held by it under a

30  deferred compensation plan, or with such other appropriate

31  official for all public funds held by it under a deferred


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  1  compensation plan of a county, municipality, other political

  2  subdivision, or constitutional county officer, in an amount

  3  which equals at least 150 percent of all uninsured deferred

  4  compensation funds then held.

  5         (b)  Said collateral shall be of the kind permitted by

  6  s. 280.13 and shall be pledged in the manner provided for by

  7  the applicable provisions of chapter 280.

  8

  9  The Chief Financial Officer Treasurer shall have all the

10  applicable powers provided in ss. 280.04, 280.05, and 280.08

11  relating to the sale or other disposition of the pledged

12  collateral.

13         (12)  The department Treasurer may adopt any rule

14  necessary to administer and implement this act with respect to

15  deferred compensation plans for state employees.

16         Section 134.  Paragraph (h) of subsection (4) of

17  section 112.3144, Florida Statutes, is amended to read:

18         112.3144  Full and public disclosure of financial

19  interests.--

20         (4)  Forms for compliance with the full and public

21  disclosure requirements of s. 8, Art. II of the State

22  Constitution shall be created by the Commission on Ethics. The

23  commission shall give notice of disclosure deadlines and

24  delinquencies and distribute forms in the following manner:

25         (h)  Notwithstanding any provision of chapter 120, any

26  fine imposed under this subsection which is not waived by

27  final order of the commission and which remains unpaid more

28  than 60 days after the notice of payment due or more than 60

29  days after the commission renders a final order on the appeal

30  must be submitted to the Department of Financial Services

31  Banking and Finance as a claim, debt, or other obligation owed


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  1  to the state, and the department shall assign the collection

  2  of such fine to a collection agent as provided in s. 17.20.

  3         Section 135.  Paragraph (i) of subsection (6) of

  4  section 112.3145, Florida Statutes, is amended to read:

  5         112.3145  Disclosure of financial interests and clients

  6  represented before agencies.--

  7         (6)  Forms for compliance with the disclosure

  8  requirements of this section and a current list of persons

  9  subject to disclosure shall be created by the commission and

10  provided to each supervisor of elections. The commission and

11  each supervisor of elections shall give notice of disclosure

12  deadlines and delinquencies and distribute forms in the

13  following manner:

14         (i)  Notwithstanding any provision of chapter 120, any

15  fine imposed under this subsection which is not waived by

16  final order of the commission and which remains unpaid more

17  than 60 days after the notice of payment due or more than 60

18  days after the commission renders a final order on the appeal

19  must be submitted to the Department of Financial Services

20  Banking and Finance as a claim, debt, or other obligation owed

21  to the state, and the department shall assign the collection

22  of such a fine to a collection agent as provided in s. 17.20.

23         Section 136.  Paragraph (c) of subsection (9) of

24  section 112.3189, Florida Statutes, is amended to read:

25         112.3189  Investigative procedures upon receipt of

26  whistle-blower information from certain state employees.--

27         (9)

28         (c)  The Chief Inspector General shall transmit any

29  final report under this section, any comments provided by the

30  complainant, and any appropriate comments or recommendations

31  by the Chief Inspector General to the Governor, to the Joint


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  1  Legislative Auditing Committee, to the investigating agency,

  2  and to the Chief Financial Officer Comptroller.

  3         Section 137.  Paragraph (e) of subsection (3) of

  4  section 112.31895, Florida Statutes, is amended to read:

  5         112.31895  Investigative procedures in response to

  6  prohibited personnel actions.--

  7         (3)  CORRECTIVE ACTION AND TERMINATION OF

  8  INVESTIGATION.--

  9         (e)1.  The Florida Commission on Human Relations may

10  request an agency or circuit court to order a stay, on such

11  terms as the court requires, of any personnel action for 45

12  days if the Florida Commission on Human Relations determines

13  that reasonable grounds exist to believe that a prohibited

14  personnel action has occurred, is occurring, or is to be

15  taken.  The Florida Commission on Human Relations may request

16  that such stay be extended for appropriate periods of time.

17         2.  If, in connection with any investigation, the

18  Florida Commission on Human Relations determines that

19  reasonable grounds exist to believe that a prohibited action

20  has occurred, is occurring, or is to be taken which requires

21  corrective action, the Florida Commission on Human Relations

22  shall report the determination together with any findings or

23  recommendations to the agency head and may report that

24  determination and those findings and recommendations to the

25  Governor and the Chief Financial Officer Comptroller. The

26  Florida Commission on Human Relations may include in the

27  report recommendations for corrective action to be taken.

28         3.  If, after 20 days, the agency does not implement

29  the recommended action, the Florida Commission on Human

30  Relations shall terminate the investigation and notify the

31  complainant of the right to appeal under subsection (4), or


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  1  may petition the agency for corrective action under this

  2  subsection.

  3         4.  If the Florida Commission on Human Relations finds,

  4  in consultation with the individual subject to the prohibited

  5  action, that the agency has implemented the corrective action,

  6  the commission shall file such finding with the agency head,

  7  together with any written comments that the individual

  8  provides, and terminate the investigation.

  9         Section 138.  Paragraph (f) of subsection (5) of

10  section 112.3215, Florida Statutes, is amended to read:

11         112.3215  Lobbyists before the executive branch or the

12  Constitution Revision Commission; registration and reporting;

13  investigation by commission.--

14         (5)

15         (f)  The commission shall provide by rule a procedure

16  by which a lobbyist who fails to timely file a report shall be

17  notified and assessed fines.  The rule shall provide for the

18  following:

19         1.  Upon determining that the report is late, the

20  person designated to review the timeliness of reports shall

21  immediately notify the lobbyist as to the failure to timely

22  file the report and that a fine is being assessed for each

23  late day. The fine shall be $50 per day per report for each

24  late day up to a maximum of $5,000 per late report.

25         2.  Upon receipt of the report, the person designated

26  to review the timeliness of reports shall determine the amount

27  of the fine due based upon the earliest of the following:

28         a.  When a report is actually received by the lobbyist

29  registration and reporting office.

30         b.  When the report is postmarked.

31         c.  When the certificate of mailing is dated.


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  1         d.  When the receipt from an established courier

  2  company is dated.

  3         3.  Such fine shall be paid within 30 days after the

  4  notice of payment due is transmitted by the Lobbyist

  5  Registration Office, unless appeal is made to the commission.

  6  The moneys shall be deposited into the Executive Branch Lobby

  7  Registration Trust Fund.

  8         4.  A fine shall not be assessed against a lobbyist the

  9  first time any reports for which the lobbyist is responsible

10  are not timely filed. However, to receive the one-time fine

11  waiver, all reports for which the lobbyist is responsible must

12  be filed within 30 days after the notice that any reports have

13  not been timely filed is transmitted by the Lobbyist

14  Registration Office. A fine shall be assessed for any

15  subsequent late-filed reports.

16         5.  Any lobbyist may appeal or dispute a fine, based

17  upon unusual circumstances surrounding the failure to file on

18  the designated due date, and may request and shall be entitled

19  to a hearing before the commission, which shall have the

20  authority to waive the fine in whole or in part for good cause

21  shown.  Any such request shall be made within 30 days after

22  the notice of payment due is transmitted by the Lobbyist

23  Registration Office.  In such case, the lobbyist shall, within

24  the 30-day period, notify the person designated to review the

25  timeliness of reports in writing of his or her intention to

26  bring the matter before the commission.

27         6.  The person designated to review the timeliness of

28  reports shall notify the commission of the failure of a

29  lobbyist to file a report after notice or of the failure of a

30  lobbyist to pay the fine imposed.

31


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  1         7.  Notwithstanding any provision of chapter 120, any

  2  fine imposed under this subsection that is not waived by final

  3  order of the commission and that remains unpaid more than 60

  4  days after the notice of payment due or more than 60 days

  5  after the commission renders a final order on the lobbyist's

  6  appeal shall be collected by the Department of Financial

  7  Services Banking and Finance as a claim, debt, or other

  8  obligation owed to the state, and the department may assign

  9  the collection of such fine to a collection agent as provided

10  in s. 17.20.

11         Section 139.  Subsection (4) of section 112.63, Florida

12  Statutes, is amended to read:

13         112.63  Actuarial reports and statements of actuarial

14  impact; review.--

15         (4)  Upon receipt, pursuant to subsection (2), of an

16  actuarial report, or upon receipt, pursuant to subsection (3),

17  of a statement of actuarial impact, the Department of

18  Management Services shall acknowledge such receipt, but shall

19  only review and comment on each retirement system's or plan's

20  actuarial valuations at least on a triennial basis.  If the

21  department finds that the actuarial valuation is not complete,

22  accurate, or based on reasonable assumptions, or if the

23  department does not receive the actuarial report or statement

24  of actuarial impact, the department shall notify the local

25  government and request appropriate adjustment. If, after a

26  reasonable period of time, a satisfactory adjustment is not

27  made, the affected local government or the department may

28  petition for a hearing under the provisions of ss. 120.569 and

29  120.57. If the administrative law judge recommends in favor of

30  the department, the department shall perform an actuarial

31  review or prepare the statement of actuarial impact. The cost


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  1  to the department of performing such actuarial review or

  2  preparing such statement shall be charged to the governmental

  3  entity of which the employees are covered by the retirement

  4  system or plan.  If payment of such costs is not received by

  5  the department within 60 days after receipt by the

  6  governmental entity of the request for payment, the department

  7  shall certify to the Chief Financial Officer Comptroller the

  8  amount due, and the Chief Financial Officer Comptroller shall

  9  pay such amount to the department from any funds payable to

10  the governmental entity of which the employees are covered by

11  the retirement system or plan.  If the administrative law

12  judge recommends in favor of the local retirement system and

13  the department performs an actuarial review, the cost to the

14  department of performing the actuarial review shall be paid by

15  the department.

16         Section 140.  Section 114.03, Florida Statutes, is

17  amended to read:

18         114.03  Certain executive officers not to absent

19  themselves from the state.--The Secretary of State, Attorney

20  General, Chief Financial Officer Comptroller, Treasurer,

21  Commissioner of Education, and Commissioner of Agriculture

22  shall reside at the capital, and no member of the Cabinet

23  shall absent himself or herself from the state for a period of

24  60 consecutive days or more without the consent of the

25  Governor and a majority of the Cabinet.  If a Cabinet officer

26  should refuse or fail to comply with and observe the

27  requirements of this section, his or her office may be deemed

28  vacant pursuant to paragraph (f) or paragraph (g) of s.

29  114.01(1), as appropriate.

30         Section 141.  Section 116.03, Florida Statutes, is

31  amended to read:


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  1         116.03  Officers to report fees collected.--Each state

  2  and county officer who receives all or any part of his or her

  3  compensation in fees or commissions, or other remuneration,

  4  shall keep a complete report of all fees and commissions, or

  5  other remuneration collected, and shall make a report to the

  6  Department of Financial Services Banking and Finance of all

  7  such fees and commissions, or other remuneration, annually on

  8  December 31 of each and every year.  Such report shall be made

  9  upon forms to be prescribed from time to time by the

10  department, and shall show in detail the source, character and

11  amount of all his or her official expenses and the net amount

12  that the office has paid up to the time of making such report.

13  All officers shall make out, fill in and subscribe and

14  properly forward to the department such reports, and swear to

15  the accuracy and competency of such reports.

16         Section 142.  Section 116.04, Florida Statutes, is

17  amended to read:

18         116.04  Failure of officer to make sworn report of

19  fees.--Any officer who shall fail or refuse to make,

20  subscribe, and swear, or to file with the Department of

21  Financial Services Banking and Finance a report of all fees,

22  commissions, or other remuneration collected, as required by

23  law, or if any officer shall knowingly or willfully make false

24  or incomplete reports, or in any report violate any of the

25  provisions of s. 116.03 he or she shall be guilty of a

26  misdemeanor of the first degree, punishable as provided in  s.

27  775.082 or s. 775.083.

28         Section 143.  Section 116.05, Florida Statutes, is

29  amended to read:

30         116.05  Examination and publication by Department of

31  Financial Services Banking and Finance.--The Department of


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  1  Financial Services Banking and Finance shall have examined and

  2  verified any of the reports received under s. 116.03 whenever

  3  in its judgment the same may be necessary, and the department

  4  shall cause the matter and things in each of said reports to

  5  be published one time in a newspaper published in the county

  6  in which such report originated, in such form as it shall

  7  direct, and the expense of such publication shall be paid by

  8  the county commissioners of such county.

  9         Section 144.  Section 116.06, Florida Statutes, is

10  amended to read:

11         116.06  Summary of reports; certain officers not

12  required to report fees.--A summary of all such reports shall

13  be included by the Department of Financial Services Banking

14  and Finance in its annual report to the Governor, except that

15  jurors and notaries public shall not be required to make such

16  reports as provided for in s. 116.03.

17         Section 145.  Section 116.14, Florida Statutes, is

18  amended to read:

19         116.14  Receipts required from purchasers of state

20  property.--Upon the sale of any state property by the

21  superintendent and presidents of state institutions as

22  provided by law, they shall take receipt for the same from the

23  purchaser, which receipt shall be forwarded, together with the

24  proceeds of the sale, to the Chief Financial Officer State

25  Treasurer.

26         Section 146.  Paragraph (c) of subsection (15) of

27  section 120.52, Florida Statutes, is amended to read:

28         120.52  Definitions.--As used in this act:

29         (15)  "Rule" means each agency statement of general

30  applicability that implements, interprets, or prescribes law

31  or policy or describes the procedure or practice requirements


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  1  of an agency and includes any form which imposes any

  2  requirement or solicits any information not specifically

  3  required by statute or by an existing rule.  The term also

  4  includes the amendment or repeal of a rule.  The term does not

  5  include:

  6         (c)  The preparation or modification of:

  7         1.  Agency budgets.

  8         2.  Statements, memoranda, or instructions to state

  9  agencies issued by the Chief Financial Officer or Comptroller

10  as chief fiscal officer of the state and relating or

11  pertaining to claims for payment submitted by state agencies

12  to the Chief Financial Officer or Comptroller.

13         3.  Contractual provisions reached as a result of

14  collective bargaining.

15         4.  Memoranda issued by the Executive Office of the

16  Governor relating to information resources management.

17         Section 147.  Section 120.80, Florida Statutes, is

18  amended to read:

19         120.80  Exceptions and special requirements;

20  agencies.--

21         (1)  DIVISION OF ADMINISTRATIVE

22  HEARINGS.--Notwithstanding s. 120.57(1)(a), a hearing in which

23  the division is a party shall not be conducted by an

24  administrative law judge assigned by the division.  An

25  attorney assigned by the Administration Commission shall be

26  the hearing officer.

27         (2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--

28         (a)  Marketing orders under chapter 527, chapter 573,

29  or chapter 601 are not rules.

30         (b)  Notwithstanding s. 120.57(1)(a), hearings held by

31  the Department of Agriculture and Consumer Services pursuant


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  1  to chapter 601 need not be conducted by an administrative law

  2  judge assigned by the division.

  3         (3)  DEPARTMENT OF FINANCIAL SERVICES BANKING AND

  4  FINANCE.--

  5         (a)  Notwithstanding s. 120.60(1), in proceedings for

  6  the issuance, denial, renewal, or amendment of a license or

  7  approval of a merger pursuant to title XXXVIII:

  8         1.a.  The Department of Financial Services Banking and

  9  Finance shall have published in the Florida Administrative

10  Weekly notice of the application within 21 days after receipt.

11         b.  Within 21 days after publication of notice, any

12  person may request a hearing. Failure to request a hearing

13  within 21 days after notice constitutes a waiver of any right

14  to a hearing. The Department of Financial Services Banking and

15  Finance or an applicant may request a hearing at any time

16  prior to the issuance of a final order. Hearings shall be

17  conducted pursuant to ss. 120.569 and 120.57, except that the

18  Department of Financial Services Banking and Finance shall by

19  rule provide for participation by the general public.

20         2.  Should a hearing be requested as provided by

21  sub-subparagraph 1.b., the applicant or licensee shall publish

22  at its own cost a notice of the hearing in a newspaper of

23  general circulation in the area affected by the application.

24  The Department of Financial Services Banking and Finance may

25  by rule specify the format and size of the notice.

26         3.  Notwithstanding s. 120.60(1), and except as

27  provided in subparagraph 4., every application for license for

28  a new bank, new trust company, new credit union, or new

29  savings and loan association shall be approved or denied

30  within 180 days after receipt of the original application or

31  receipt of the timely requested additional information or


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  1  correction of errors or omissions. Any application for such a

  2  license or for acquisition of such control which is not

  3  approved or denied within the 180-day period or within 30 days

  4  after conclusion of a public hearing on the application,

  5  whichever is later, shall be deemed approved subject to the

  6  satisfactory completion of conditions required by statute as a

  7  prerequisite to license and approval of insurance of accounts

  8  for a new bank, a new savings and loan association, or a new

  9  credit union by the appropriate insurer.

10         4.  In the case of every application for license to

11  establish a new bank, trust company, or capital stock savings

12  association in which a foreign national proposes to own or

13  control 10 percent or more of any class of voting securities,

14  and in the case of every application by a foreign national for

15  approval to acquire control of a bank, trust company, or

16  capital stock savings association, the Department of Financial

17  Services Banking and Finance shall request that a public

18  hearing be conducted pursuant to ss. 120.569 and 120.57.

19  Notice of such hearing shall be published by the applicant as

20  provided in subparagraph 2. The failure of any such foreign

21  national to appear personally at the hearing shall be grounds

22  for denial of the application. Notwithstanding the provisions

23  of s. 120.60(1) and subparagraph 3., every application

24  involving a foreign national shall be approved or denied

25  within 1 year after receipt of the original application or any

26  timely requested additional information or the correction of

27  any errors or omissions, or within 30 days after the

28  conclusion of the public hearing on the application, whichever

29  is later.

30         (b)  In any application for a license or merger

31  pursuant to title XXXVIII which is referred by the agency to


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  1  the division for hearing, the administrative law judge shall

  2  complete and submit to the agency and to all parties a written

  3  report consisting of findings of fact and rulings on

  4  evidentiary matters. The agency shall allow each party at

  5  least 10 days in which to submit written exceptions to the

  6  report.

  7         (c)  Notwithstanding s. 120.60(1), every application

  8  for a certificate of authority as required by s. 624.401 shall

  9  be approved or denied within 180 days after receipt of the

10  original application. Any application for a certificate of

11  authority which is not approved or denied within the 180-day

12  period, or within 30 days after conclusion of a public hearing

13  held on the application, shall be deemed approved, subject to

14  the satisfactory completion of conditions required by statute

15  as a prerequisite to licensure.

16         (4)  DEPARTMENT OF BUSINESS AND PROFESSIONAL

17  REGULATION.--

18         (a)  Business regulation.--The Division of Pari-mutuel

19  Wagering is exempt from the hearing and notice requirements of

20  ss. 120.569 and 120.57(1)(a), but only for stewards, judges,

21  and boards of judges when the hearing is to be held for the

22  purpose of the imposition of fines or suspensions as provided

23  by rules of the Division of Pari-mutuel Wagering, but not for

24  revocations, and only upon violations of subparagraphs 1.-6.

25  The Division of Pari-mutuel Wagering shall adopt rules

26  establishing alternative procedures, including a hearing upon

27  reasonable notice, for the following violations:

28         1.  Horse riding, harness riding, greyhound

29  interference, and jai alai game actions in violation of

30  chapter 550.

31


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  1         2.  Application and usage of drugs and medication to

  2  horses, greyhounds, and jai alai players in violation of

  3  chapter 550.

  4         3.  Maintaining or possessing any device which could be

  5  used for the injection or other infusion of a prohibited drug

  6  to horses, greyhounds, and jai alai players in violation of

  7  chapter 550.

  8         4.  Suspensions under reciprocity agreements between

  9  the Division of Pari-mutuel Wagering and regulatory agencies

10  of other states.

11         5.  Assault or other crimes of violence on premises

12  licensed for pari-mutuel wagering.

13         6.  Prearranging the outcome of any race or game.

14         (b)  Professional regulation.--Notwithstanding s.

15  120.57(1)(a), formal hearings may not be conducted by the

16  Secretary of Business and Professional Regulation or a board

17  or member of a board within the Department of Business and

18  Professional Regulation for matters relating to the regulation

19  of professions, as defined by chapter 455.

20         (5)  FLORIDA LAND AND WATER ADJUDICATORY

21  COMMISSION.--Notwithstanding the provisions of s.

22  120.57(1)(a), when the Florida Land and Water Adjudicatory

23  Commission receives a notice of appeal pursuant to s. 380.07,

24  the commission shall notify the division within 60 days after

25  receipt of the notice of appeal if the commission elects to

26  request the assignment of an administrative law judge.

27         (6)  DEPARTMENT OF LAW ENFORCEMENT.--Law enforcement

28  policies and procedures of the Department of Law Enforcement

29  which relate to the following are not rules as defined by this

30  chapter:

31


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  1         (a)  The collection, management, and dissemination of

  2  active criminal intelligence information and active criminal

  3  investigative information; management of criminal

  4  investigations; and management of undercover investigations

  5  and the selection, assignment, and fictitious identity of

  6  undercover personnel.

  7         (b)  The recruitment, management, identity, and

  8  remuneration of confidential informants or sources.

  9         (c)  Surveillance techniques, the selection of

10  surveillance personnel, and electronic surveillance, including

11  court-ordered and consensual interceptions of communication

12  conducted pursuant to chapter 934.

13         (d)  The safety and release of hostages.

14         (e)  The provision of security and protection to public

15  figures.

16         (f)  The protection of witnesses.

17         (7)  DEPARTMENT OF CHILDREN AND FAMILY

18  SERVICES.--Notwithstanding s. 120.57(1)(a), hearings conducted

19  within the Department of Children and Family Services in the

20  execution of those social and economic programs administered

21  by the former Division of Family Services of the former

22  Department of Health and Rehabilitative Services prior to the

23  reorganization effected by chapter 75-48, Laws of Florida,

24  need not be conducted by an administrative law judge assigned

25  by the division.

26         (8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--

27         (a)  Drivers' licenses.--

28         1.  Notwithstanding s. 120.57(1)(a), hearings regarding

29  drivers' licensing pursuant to chapter 322 need not be

30  conducted by an administrative law judge assigned by the

31  division.


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  1         2.  Notwithstanding s. 120.60(5), cancellation,

  2  suspension, or revocation of a driver's license shall be by

  3  personal delivery to the licensee or by first-class mail as

  4  provided in s. 322.251.

  5         (b)  Wrecker operators.--Notwithstanding s.

  6  120.57(1)(a), hearings held by the Division of the Florida

  7  Highway Patrol of the Department of Highway Safety and Motor

  8  Vehicles to deny, suspend, or remove a wrecker operator from

  9  participating in the wrecker rotation system established by s.

10  321.051 need not be conducted by an administrative law judge

11  assigned by the division. These hearings shall be held by a

12  hearing officer appointed by the director of the Division of

13  the Florida Highway Patrol.

14         (9)  DEPARTMENT OF INSURANCE.--Notwithstanding s.

15  120.60(1), every application for a certificate of authority as

16  required by s. 624.401 shall be approved or denied within 180

17  days after receipt of the original application. Any

18  application for a certificate of authority which is not

19  approved or denied within the 180-day period, or within 30

20  days after conclusion of a public hearing held on the

21  application, shall be deemed approved, subject to the

22  satisfactory completion of conditions required by statute as a

23  prerequisite to licensure.

24         (9)(10)  DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY.--

25         (a)  Unemployment compensation.--

26         1.  Notwithstanding s. 120.54, the rulemaking

27  provisions of this chapter do not apply to unemployment

28  compensation appeals referees.

29         2.  Notwithstanding s. 120.57(1)(a), hearings may be

30  conducted by the Unemployment Appeals Commission in

31


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  1  unemployment compensation appeals, unemployment compensation

  2  appeals referees, and special deputies pursuant to s. 443.141.

  3         (b)  Workers' compensation.--Notwithstanding s.

  4  120.52(1), a judge of compensation claims, in the adjudication

  5  of matters pursuant to chapter 440, shall not be considered an

  6  agency or part of an agency for the purposes of this chapter.

  7         (10)(11)  NATIONAL GUARD.--Notwithstanding s.

  8  120.52(15), the enlistment, organization, administration,

  9  equipment, maintenance, training, and discipline of the

10  militia, National Guard, organized militia, and unorganized

11  militia, as provided by s. 2, Art. X of the State

12  Constitution, are not rules as defined by this chapter.

13         (11)(12)  PUBLIC EMPLOYEES RELATIONS COMMISSION.--

14         (a)  Notwithstanding s. 120.57(1)(a), hearings within

15  the jurisdiction of the Public Employees Relations Commission

16  need not be conducted by an administrative law judge assigned

17  by the division.

18         (b)  Section 120.60 does not apply to certification of

19  employee organizations pursuant to s. 447.307.

20         (12)(13)  FLORIDA PUBLIC SERVICE COMMISSION.--

21         (a)  Agency statements that relate to cost-recovery

22  clauses, factors, or mechanisms implemented pursuant to

23  chapter 366, relating to public utilities, are exempt from the

24  provisions of s. 120.54(1)(a).

25         (b)  Notwithstanding ss. 120.569 and 120.57, a hearing

26  on an objection to proposed action of the Florida Public

27  Service Commission may only address the issues in dispute.

28  Issues in the proposed action which are not in dispute are

29  deemed stipulated.

30

31


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  1         (c)  The Florida Public Service Commission is exempt

  2  from the time limitations in s. 120.60(1) when issuing a

  3  license.

  4         (d)  Notwithstanding the provisions of this chapter, in

  5  implementing the Telecommunications Act of 1996, Pub. L. No.

  6  104-104, the Public Service Commission is authorized to employ

  7  procedures consistent with that act.

  8         (e)  Notwithstanding the provisions of this chapter, s.

  9  350.128, or s. 364.381, appellate jurisdiction for Public

10  Service Commission decisions that implement the

11  Telecommunications Act of 1996, Pub. L. No. 104-104, shall be

12  consistent with the provisions of that act.

13         (f)  Notwithstanding any provision of this chapter, all

14  public utilities and companies regulated by the Public Service

15  Commission shall be entitled to proceed under the interim rate

16  provisions of chapter 364 or the procedures for interim rates

17  contained in chapter 74-195, Laws of Florida, or as otherwise

18  provided by law.

19         (13)(14)  DEPARTMENT OF REVENUE.--

20         (a)  Assessments.--An assessment of tax, penalty, or

21  interest by the Department of Revenue is not a final order as

22  defined by this chapter. Assessments by the Department of

23  Revenue shall be deemed final as provided in the statutes and

24  rules governing the assessment and collection of taxes.

25         (b)  Taxpayer contest proceedings.--

26         1.  In any administrative proceeding brought pursuant

27  to this chapter as authorized by s. 72.011(1), the taxpayer

28  shall be designated the "petitioner" and the Department of

29  Revenue shall be designated the "respondent," except that for

30  actions contesting an assessment or denial of refund under

31  chapter 207, the Department of Highway Safety and Motor


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  1  Vehicles shall be designated the "respondent," and for actions

  2  contesting an assessment or denial of refund under chapters

  3  210, 550, 561, 562, 563, 564, and 565, the Department of

  4  Business and Professional Regulation shall be designated the

  5  "respondent."

  6         2.  In any such administrative proceeding, the

  7  applicable department's burden of proof, except as otherwise

  8  specifically provided by general law, shall be limited to a

  9  showing that an assessment has been made against the taxpayer

10  and the factual and legal grounds upon which the applicable

11  department made the assessment.

12         3.a.  Prior to filing a petition under this chapter,

13  the taxpayer shall pay to the applicable department the amount

14  of taxes, penalties, and accrued interest assessed by that

15  department which are not being contested by the taxpayer.

16  Failure to pay the uncontested amount shall result in the

17  dismissal of the action and imposition of an additional

18  penalty of 25 percent of the amount taxed.

19         b.  The requirements of s. 72.011(2) and (3)(a) are

20  jurisdictional for any action under this chapter to contest an

21  assessment or denial of refund by the Department of Revenue,

22  the Department of Highway Safety and Motor Vehicles, or the

23  Department of Business and Professional Regulation.

24         4.  Except as provided in s. 220.719, further

25  collection and enforcement of the contested amount of an

26  assessment for nonpayment or underpayment of any tax,

27  interest, or penalty shall be stayed beginning on the date a

28  petition is filed. Upon entry of a final order, an agency may

29  resume collection and enforcement action.

30         5.  The prevailing party, in a proceeding under ss.

31  120.569 and 120.57 authorized by s. 72.011(1), may recover all


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  1  legal costs incurred in such proceeding, including reasonable

  2  attorney's fees, if the losing party fails to raise a

  3  justiciable issue of law or fact in its petition or response.

  4         6.  Upon review pursuant to s. 120.68 of final agency

  5  action concerning an assessment of tax, penalty, or interest

  6  with respect to a tax imposed under chapter 212, or the denial

  7  of a refund of any tax imposed under chapter 212, if the court

  8  finds that the Department of Revenue improperly rejected or

  9  modified a conclusion of law, the court may award reasonable

10  attorney's fees and reasonable costs of the appeal to the

11  prevailing appellant.

12         (c)  Proceedings for administrative child support

13  orders.--Notwithstanding the provisions of s. 120.569 or s.

14  120.57 to the contrary, in proceedings for the establishment

15  of administrative support orders pursuant to s. 409.2563,

16  final orders in cases referred by the Department of Revenue to

17  the Division of Administrative Hearings shall be entered by

18  the division's administrative law judge and transmitted to the

19  Department of Revenue for filing and indexing.  The Department

20  of Revenue has the right to seek judicial review of a final

21  order entered by an administrative law judge.  Administrative

22  support orders rendered pursuant to s. 409.2563 may be

23  enforced pursuant to s. 120.69 or, alternatively, by any

24  method prescribed by law for the enforcement of judicial

25  support orders, except contempt.

26         (14)(15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

27  120.57(1)(a), formal hearings may not be conducted by the

28  Secretary of Health, the Secretary of Health Care

29  Administration, or a board or member of a board within the

30  Department of Health or the Agency for Health Care

31  Administration for matters relating to the regulation of


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  1  professions, as defined by chapter 456. Notwithstanding s.

  2  120.57(1)(a), hearings conducted within the Department of

  3  Health in execution of the Special Supplemental Nutrition

  4  Program for Women, Infants, and Children; Child Care Food

  5  Program; Children's Medical Services Program; the Brain and

  6  Spinal Cord Injury Program; and the exemption from

  7  disqualification reviews for certified nurse assistants

  8  program need not be conducted by an administrative law judge

  9  assigned by the division. The Department of Health may

10  contract with the Department of Children and Family Services

11  for a hearing officer in these matters.

12         (15)(16)  DEPARTMENT OF ENVIRONMENTAL

13  PROTECTION.--Notwithstanding the provisions of s.

14  120.54(1)(d), the Department of Environmental Protection, in

15  undertaking rulemaking to establish best available control

16  technology, lowest achievable emissions rate, or case-by-case

17  maximum available control technology for purposes of s.

18  403.08725, shall not adopt the lowest regulatory cost

19  alternative if such adoption would prevent the agency from

20  implementing federal requirements.

21         (16)(17)  FLORIDA BUILDING COMMISSION.--

22         (a)  Notwithstanding the provisions of s. 120.542, the

23  Florida Building Commission may not accept a petition for

24  waiver or variance and may not grant any waiver or variance

25  from the requirements of the Florida Building Code.

26         (b)  The Florida Building Commission shall adopt within

27  the Florida Building Code criteria and procedures for

28  alternative means of compliance with the code or local

29  amendments thereto, for enforcement by local governments,

30  local enforcement districts, or other entities authorized by

31  law to enforce the Florida Building Code. Appeals from the


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  1  denial of the use of alternative means shall be heard by the

  2  local board, if one exists, and may be appealed to the Florida

  3  Building Commission.

  4         Section 148.  Section 121.0312, Florida Statutes, is

  5  amended to read:

  6         121.0312  Review; actuarial valuation report;

  7  contribution rate determination process.--The Governor, Chief

  8  Financial Officer Comptroller, and Attorney General Treasurer,

  9  sitting as the Board of Trustees of the State Board of

10  Administration, shall review the actuarial valuation report

11  prepared in accordance with the provisions of this chapter.

12  The board shall review the process by which Florida Retirement

13  System contribution rates are determined and recommend and

14  submit any comments regarding the process to the Legislature.

15         Section 149.  Paragraph (e) of subsection (1) of

16  section 121.055, Florida Statutes, is amended to read:

17         121.055  Senior Management Service Class.--There is

18  hereby established a separate class of membership within the

19  Florida Retirement System to be known as the "Senior

20  Management Service Class," which shall become effective

21  February 1, 1987.

22         (1)

23         (e)  Effective January 1, 1991, participation in the

24  Senior Management Service Class shall be compulsory for the

25  number of senior managers who have policymaking authority with

26  the State Board of Administration, as determined by the

27  Governor, Chief Financial Officer Treasurer, and Attorney

28  General Comptroller acting as the State Board of

29  Administration, unless such member elects to participate in

30  the Senior Management Service Optional Annuity Program as

31  established in subsection (6) in lieu of participation in the


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  1  Senior Management Service Class. Such election shall be made

  2  in writing and filed with the division and the personnel

  3  officer of the State Board of Administration within 90 days

  4  after becoming eligible for membership in the Senior

  5  Management Service Class.

  6         Section 150.  Paragraph (a) of subsection (2) of

  7  section 121.061, Florida Statutes, is amended to read:

  8         121.061  Funding.--

  9         (2)(a)  Should any employer other than a state employer

10  fail to make the retirement and social security contributions,

11  both member and employer contributions, required by this

12  chapter, then, upon request by the administrator, the

13  Department of Revenue or the Department of Financial Services

14  Banking and Finance, as the case may be, shall deduct the

15  amount owed by the employer from any funds to be distributed

16  by it to the county, city, special district, or consolidated

17  form of government.  The amounts so deducted shall be

18  transferred to the administrator for further distribution to

19  the trust funds in accordance with this chapter.

20         Section 151.  Section 121.133, Florida Statutes, is

21  amended to read:

22         121.133  Cancellation of uncashed

23  warrants.--Notwithstanding the provisions of s. 17.26 or s.

24  717.123 to the contrary, effective July 1, 1998, if any state

25  warrant issued by the Chief Financial Officer Comptroller for

26  the payment of retirement benefits from the Florida Retirement

27  System Trust Fund, or any other pension trust fund

28  administered by the department, is not presented for payment

29  within 1 year after the last day of the month in which it was

30  originally issued, the Chief Financial Officer Comptroller

31  shall cancel the benefit warrant and credit the amount of the


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  1  warrant to the Florida Retirement System Trust Fund or other

  2  pension trust fund administered by the department, as

  3  appropriate. The department may provide for issuance of a

  4  replacement warrant when deemed appropriate.

  5         Section 152.  Paragraph (b) of subsection (12) of

  6  section 121.4501, Florida Statutes, is amended to read:

  7         121.4501  Public Employee Optional Retirement

  8  Program.--

  9         (12)  ADVISORY COMMITTEES TO PROVIDE ADVICE AND

10  ASSISTANCE.--The Investment Advisory Council and the Public

11  Employee Optional Retirement Program Advisory Committee shall

12  assist the board in implementing and administering the Public

13  Employee Optional Retirement Program.

14         (b)1.  The Public Employee Optional Retirement Program

15  Advisory Committee shall be composed of seven members. The

16  President of the Senate shall appoint two members, the Speaker

17  of the House of Representatives shall appoint two members, the

18  Governor shall appoint two members one member, the Treasurer

19  shall appoint one member, and the Chief Financial Officer

20  Comptroller shall appoint one member. On January 7, 2003, the

21  term of office of the member appointed by the Treasurer and of

22  the member appointed by the Comptroller expires; and the Chief

23  Financial Officer shall choose one of those members for

24  reappointment for the remainder of the term. The members of

25  the advisory committee shall elect a member as chair. The

26  appointments shall be made by September 1, 2000, and the

27  committee shall meet to organize by October 1, 2000. The

28  initial appointments shall be for a term of 24 months. Each

29  appointing authority shall fill any vacancy occurring among

30  its appointees for the remainder of the original term.

31


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  1         2.  The advisory committee shall make recommendations

  2  on the selection of the third-party administrator, the

  3  education providers, and the investment products and

  4  providers. The committee's recommendations on the third-party

  5  administrator must be forwarded to the Trustees of the State

  6  Board of Administration by January 1, 2001. The

  7  recommendations on the education providers must be forwarded

  8  to the trustees by April 1, 2001.

  9         3.  The advisory committee's recommendations and

10  activities shall be guided by the best interests of the

11  employees, considering the interests of employers, and the

12  intent of the Legislature in establishing the Public Employee

13  Optional Retirement Program.

14         4.  The staff of the state board and the department

15  shall assist the advisory committee.

16         Section 153.  Paragraphs (a) and (b) of subsection (11)

17  of section 125.0104, Florida Statutes, are amended to read:

18         125.0104  Tourist development tax; procedure for

19  levying; authorized uses; referendum; enforcement.--

20         (11)  INTEREST PAID ON DISTRIBUTIONS.--

21         (a)  Interest shall be paid on undistributed taxes

22  collected and remitted to the Department of Revenue under this

23  section.  Such interest shall be included along with the tax

24  proceeds distributed to the counties and shall be paid from

25  moneys transferred from the General Revenue Fund.  The

26  department shall calculate the interest for net tax

27  distributions using the average daily rate that was earned by

28  the State Treasury for the preceding calendar quarter and paid

29  to the General Revenue Fund.  This rate shall be certified by

30  the Chief Financial Officer Treasurer to the department by the

31  20th day following the close of each quarter.


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  1         (b)  The interest applicable to taxes collected under

  2  this section shall be calculated by multiplying the tax

  3  amounts to be distributed times the daily rate times the

  4  number of days after the third working day following the date

  5  the tax is due and payable pursuant to s. 212.11 until the

  6  date the department issues a voucher to request the Chief

  7  Financial Officer Comptroller to issue the payment warrant.

  8  The warrant shall be issued within 7 days after the request.

  9         Section 154.  Paragraph (b) of subsection (2) of

10  section 129.201, Florida Statutes, is amended to read:

11         129.201  Budget of supervisor of elections; manner and

12  time of preparation and presentation.--

13         (2)

14         (b)  To the extent appropriate, the budget shall be

15  further itemized in conformance with the Uniform Accounting

16  System for Local Units of Government in Florida adopted

17  promulgated by rule of the Chief Financial Officer Comptroller

18  of the state.

19         Section 155.  Section 131.05, Florida Statutes, is

20  amended to read:

21         131.05  Disposition of proceeds of sale.--In the event

22  refunding bonds are issued under the provisions of this

23  chapter prior to the date of maturity or option date of the

24  obligations proposed to be refunded, the proceeds of said

25  refunding bonds shall be deposited in a bank or trust company

26  within the state, which depository shall give a surety bond,

27  or other such bonds as are authorized by law to be accepted

28  for securing county and city funds, satisfactory to the

29  Department of Financial Services Banking and Finance for the

30  full amount of money so deposited, and the funds so deposited

31  shall only be withdrawn with the approval of the department,


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  1  for the purpose of paying the obligations to refund which said

  2  bonds were issued.

  3         Section 156.  Section 137.09, Florida Statutes, is

  4  amended to read:

  5         137.09  Justification and approval of bonds.--Each

  6  surety upon every bond of any county officer shall make

  7  affidavit that he or she is a resident of the county for which

  8  the officer is to be commissioned, and that he or she has

  9  sufficient visible property therein unencumbered and not

10  exempt from sale under legal process to make good his or her

11  bond.  Every such bond shall be approved by the board of

12  county commissioners and by the Department of Financial

13  Services Banking and Finance when they and it are satisfied in

14  their judgment that the same is legal, sufficient, and proper

15  to be approved.

16         Section 157.  Section 145.141, Florida Statutes, is

17  amended to read:

18         145.141  Deficiency to be paid by board of county

19  commissioners.--Should any county officer have insufficient

20  revenue from the income of his or her office, after paying

21  office personnel and expenses, to pay his or her total annual

22  salary, the board of county commissioners shall pay any

23  deficiency in salary from the general revenue fund and notify

24  the Department of Financial Services Banking and Finance.  The

25  deficiency shall be listed in the comptroller's annual report

26  of county finances and county fee officers.

27         Section 158.  Subsections (1) and (2) of section

28  154.02, Florida Statutes, are amended to read:

29         154.02  County Health Department Trust Fund.--

30         (1)  To enable counties to provide public health

31  services and maintain public health equipment and facilities,


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  1  each county in the state with a population exceeding 100,000,

  2  according to the last state census, may levy an annual tax not

  3  exceeding 0.5 mill; each county in the state with a population

  4  exceeding 40,000 and not exceeding 100,000, according to the

  5  last state census, may levy an annual tax not exceeding 1

  6  mill; and each county in the state with a population not

  7  exceeding 40,000, according to the last state census, may levy

  8  an annual tax not exceeding 2 mills, on the dollar on all

  9  taxable property in such county, the proceeds of which tax, if

10  so contracted with the state, shall be paid to the Chief

11  Financial Officer Treasurer. However, the board of county

12  commissioners may elect to pay in 12 equal monthly

13  installments. Such funds in the hands of the Chief Financial

14  Officer Treasurer shall be placed in the county health

15  department trust funds of the county by which such funds were

16  raised, and such funds shall be expended by the Department of

17  Health solely for the purpose of carrying out the intent and

18  object of the public health contract.

19         (2)  The Chief Financial Officer Treasurer shall

20  maintain a full-time County Health Department Trust Fund which

21  shall contain all state and local funds to be expended by

22  county health departments.  Such funds shall be expended by

23  the Department of Health solely for the purposes of carrying

24  out the intent and purpose of this part. Federal funds may be

25  deposited in the trust fund.

26         Section 159.  Subsection (1) of section 154.03, Florida

27  Statutes, is amended to read:

28         154.03  Cooperation with Department of Health and

29  United States Government.--

30         (1)  The county commissioners of any county may agree

31  with the Department of Health upon the expenditure by the


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  1  department in such county of any funds allotted for that

  2  purpose by the department or received by it for such purposes

  3  from private contributions or other sources, and such funds

  4  shall be paid to the Chief Financial Officer Treasurer and

  5  shall form a part of the full-time county health department

  6  trust fund of such county; and such funds shall be expended by

  7  the department solely for the purposes of this chapter.  The

  8  department is further authorized to arrange and agree with the

  9  United States Government, through its duly authorized

10  officials, for the allocation and expenditure by the United

11  States of funds of the United States in the study of causes of

12  disease and prevention thereof in such full-time county health

13  departments when and where established by the department under

14  this part.

15         Section 160.  Section 154.05, Florida Statutes, is

16  amended to read:

17         154.05  Cooperation and agreements between

18  counties.--Two or more counties may combine in the

19  establishment and maintenance of a single full-time county

20  health department for the counties which combine for that

21  purpose; and, pursuant to such combination or agreement, such

22  counties may cooperate with one another and the Department of

23  Health and contribute to a joint fund in carrying out the

24  purpose and intent of this chapter.  The duration and nature

25  of such agreement shall be evidenced by resolutions of the

26  boards of county commissioners of such counties and shall be

27  submitted to and approved by the department.  In the event of

28  any such agreement, a full-time county health department shall

29  be established and maintained by the department in and for the

30  benefit of the counties which have entered into such an

31  agreement; and, in such case, the funds raised by taxation


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  1  pursuant to this chapter by each such county shall be paid to

  2  the Chief Financial Officer Treasurer for the account of the

  3  department and shall be known as the full-time county health

  4  department trust fund of the counties so cooperating. Such

  5  trust funds shall be used and expended by the department for

  6  the purposes specified in this chapter in each county which

  7  has entered into such agreement.  In case such an agreement is

  8  entered into between two or more counties, the work

  9  contemplated by this chapter shall be done by a single

10  full-time county health department in the counties so

11  cooperating; and the nature, extent, and location of such work

12  shall be under the control and direction of the department.

13         Section 161.  Subsection (2) of section 154.06, Florida

14  Statutes, is amended to read:

15         154.06  Fees and services rendered; authority.--

16         (2)  All funds collected under this section shall be

17  expended solely for the purpose of providing health services

18  and facilities within the county served by the county health

19  department. Fees collected by county health departments

20  pursuant to department rules shall be deposited with the Chief

21  Financial Officer Treasurer and credited to the County Health

22  Department Trust Fund. Fees collected by the county health

23  department for public health services or personal health

24  services shall be allocated to the state and the county based

25  upon the pro rata share of funding for each such service. The

26  board of county commissioners, if it has so contracted, shall

27  provide for the transmittal of funds collected for its pro

28  rata share of personal health services or primary care

29  services rendered under the provisions of this section to the

30  State Treasury for credit to the County Health Department

31


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  1  Trust Fund, but in any event the proceeds from such fees may

  2  only be used to fund county health department services.

  3         Section 162.  Paragraphs (d) and (e) of subsection (17)

  4  of section 154.209, Florida Statutes, are amended to read:

  5         154.209  Powers of authority.--The purpose of the

  6  authority shall be to assist health facilities in the

  7  acquisition, construction, financing, and refinancing of

  8  projects in any corporated or unincorporated area within the

  9  geographical limits of the local agency.  For this purpose,

10  the authority is authorized and empowered:

11         (17)  To issue special obligation revenue bonds for the

12  purpose of establishing and maintaining the self-insurance

13  pool and to provide reserve funds in connection therewith,

14  such bonds to be payable from funds available in the pool from

15  time to time or from assessments against participating health

16  facilities for the purpose of providing required contributions

17  to the fund. With respect to the issuance of such bonds or

18  notes the following provisions shall apply:

19         (d)  Any self-insurance pool funded pursuant to this

20  section shall maintain excess insurance which provides

21  specific and aggregate limits and a retention level determined

22  in accordance with sound actuarial principles. The Department

23  of Financial Services Insurance may waive this requirement if

24  the fund demonstrates that its operation is and will be

25  actuarially sound without obtaining excess insurance.

26         (e)  Prior to the issuance of any bonds pursuant to

27  this section for the purpose of acquiring liability coverage

28  contracts from the self-insurance pool, the Department of

29  Financial Services Insurance shall certify that excess

30  liability coverage for the health facility is reasonably

31  unobtainable in the amounts provided by such pool or that the


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  1  liability coverage obtained through acquiring contracts from

  2  the self-insurance pool, after taking into account costs of

  3  issuance of bonds and any other administrative fees, is less

  4  expensive to the health facility than similar commercial

  5  coverage then reasonably available.

  6         Section 163.  Section 154.314, Florida Statutes, is

  7  amended to read:

  8         154.314  Certification of the State of Florida.--

  9         (1)  In the event payment for the costs of services

10  rendered by a participating hospital or a regional referral

11  hospital is not received from the responsible county within 90

12  days of receipt of a statement for services rendered to a

13  qualified indigent who is a certified resident of the county,

14  or if the payment is disputed and said payment is not received

15  from the county determined to be responsible within 60 days of

16  the date of exhaustion of all administrative and legal

17  remedies, the hospital shall certify to the Chief Financial

18  Officer Comptroller the amount owed by the county.

19         (2)  The Chief Financial Officer Comptroller shall have

20  no longer than 45 days from the date of receiving the

21  hospital's certified notice to forward the amount delinquent

22  to the appropriate hospital from any funds due to the county

23  under any revenue-sharing or tax-sharing fund established by

24  the state, except as otherwise provided by the State

25  Constitution.  The Chief Financial Officer Comptroller shall

26  provide the Governor and the fiscal committees in the House of

27  Representatives and the Senate with a quarterly accounting of

28  the amounts certified by hospitals as owed by counties and the

29  amount paid to hospitals out of any revenue or tax sharing

30  funds due to the county.

31


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  1         Section 164.  Paragraph (e) of subsection (7) of

  2  section 163.01, Florida Statutes, is amended to read:

  3         163.01  Florida Interlocal Cooperation Act of 1969.--

  4         (7)

  5         (e)1.  Notwithstanding the provisions of paragraph (c),

  6  any separate legal entity, created pursuant to the provisions

  7  of this section and controlled by counties or municipalities

  8  of this state, the membership of which consists or is to

  9  consist only of public agencies of this state, may, for the

10  purpose of financing acquisition of liability coverage

11  contracts from one or more local government liability pools to

12  provide liability coverage for counties, municipalities, or

13  other public agencies of this state, exercise all powers in

14  connection with the authorization, issuance, and sale of

15  bonds. All of the privileges, benefits, powers, and terms of

16  s. 125.01 relating to counties and s. 166.021 relating to

17  municipalities shall be fully applicable to such entity and

18  such entity shall be considered a unit of local government for

19  all of the privileges, benefits, powers, and terms of part I

20  of chapter 159.  Bonds issued by such entity shall be deemed

21  issued on behalf of counties, municipalities, or public

22  agencies which enter into loan agreements with such entity as

23  provided in this paragraph. Proceeds of bonds issued by such

24  entity may be loaned to counties, municipalities, or other

25  public agencies of this state, whether or not such counties,

26  municipalities, or other public agencies are also members of

27  the entity issuing the bonds, and such counties,

28  municipalities, or other public agencies may in turn deposit

29  such loan proceeds with a separate local government liability

30  pool for purposes of acquiring liability coverage contracts.

31


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  1         2.  Counties or municipalities of this state are

  2  authorized pursuant to this section, in addition to the

  3  authority provided by s. 125.01, part II of chapter 166, and

  4  other applicable law, to issue bonds for the purpose of

  5  acquiring liability coverage contracts from a local government

  6  liability pool. Any individual county or municipality may, by

  7  entering into interlocal agreements with other counties,

  8  municipalities, or public agencies of this state, issue bonds

  9  on behalf of itself and other counties, municipalities, or

10  other public agencies, for purposes of acquiring a liability

11  coverage contract or contracts from a local government

12  liability pool.  Counties, municipalities, or other public

13  agencies are also authorized to enter into loan agreements

14  with any entity created pursuant to subparagraph 1., or with

15  any county or municipality issuing bonds pursuant to this

16  subparagraph, for the purpose of obtaining bond proceeds with

17  which to acquire liability coverage contracts from a local

18  government liability pool.  No county, municipality, or other

19  public agency shall at any time have more than one loan

20  agreement outstanding for the purpose of obtaining bond

21  proceeds with which to acquire liability coverage contracts

22  from a local government liability pool. Obligations of any

23  county, municipality, or other public agency of this state

24  pursuant to a loan agreement as described above may be

25  validated as provided in chapter 75.  Prior to the issuance of

26  any bonds pursuant to subparagraph 1. or this subparagraph for

27  the purpose of acquiring liability coverage contracts from a

28  local government liability pool, the reciprocal insurer or the

29  manager of any self-insurance program shall demonstrate to the

30  satisfaction of the Department of Financial Services Insurance

31  that excess liability coverage for counties, municipalities,


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  1  or other public agencies is reasonably unobtainable in the

  2  amounts provided by such pool or that the liability coverage

  3  obtained through acquiring contracts from a local government

  4  liability pool, after taking into account costs of issuance of

  5  bonds and any other administrative fees, is less expensive to

  6  counties, municipalities, or special districts than similar

  7  commercial coverage then reasonably available.

  8         3.  Any entity created pursuant to this section or any

  9  county or municipality may also issue bond anticipation notes,

10  as provided by s. 215.431, in connection with the

11  authorization, issuance, and sale of such bonds.  In addition,

12  the governing body of such legal entity or the governing body

13  of such county or municipality may also authorize bonds to be

14  issued and sold from time to time and may delegate, to such

15  officer, official, or agent of such legal entity as the

16  governing body of such legal entity may select, the power to

17  determine the time; manner of sale, public or private;

18  maturities; rate or rates of interest, which may be fixed or

19  may vary at such time or times and in accordance with a

20  specified formula or method of determination; and other terms

21  and conditions as may be deemed appropriate by the officer,

22  official, or agent so designated by the governing body of such

23  legal entity. However, the amounts and maturities of such

24  bonds and the interest rate or rates of such bonds shall be

25  within the limits prescribed by the governing body of such

26  legal entity and its resolution delegating to such officer,

27  official, or agent the power to authorize the issuance and

28  sale of such bonds.  Any series of bonds issued pursuant to

29  this paragraph shall mature no later than 7 years following

30  the date of issuance thereof.

31


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  1         4.  Bonds issued pursuant to subparagraph 1. may be

  2  validated as provided in chapter 75.  The complaint in any

  3  action to validate such bonds shall be filed only in the

  4  Circuit Court for Leon County.  The notice required to be

  5  published by s. 75.06 shall be published in Leon County and in

  6  each county which is an owner of the entity issuing the bonds,

  7  or in which a member of the entity is located, and the

  8  complaint and order of the circuit court shall be served only

  9  on the State Attorney of the Second Judicial Circuit and on

10  the state attorney of each circuit in each county or

11  municipality which is an owner of the entity issuing the bonds

12  or in which a member of the entity is located.

13         5.  Bonds issued pursuant to subparagraph 2. may be

14  validated as provided in chapter 75. The complaint in any

15  action to validate such bonds shall be filed in the circuit

16  court of the county or municipality which will issue the

17  bonds.  The notice required to be published by s. 75.06 shall

18  be published only in the county where the complaint is filed,

19  and the complaint and order of the circuit court shall be

20  served only on the state attorney of the circuit in the county

21  or municipality which will issue the bonds.

22         6.  The participation by any county, municipality, or

23  other public agency of this state in a local government

24  liability pool shall not be deemed a waiver of immunity to the

25  extent of liability coverage, nor shall any contract entered

26  regarding such a local government liability pool be required

27  to contain any provision for waiver.

28         Section 165.  Subsections (4), (5), (6), (7), (8), and

29  (9) of section 163.05, Florida Statutes, are amended to read:

30         163.05  Small County Technical Assistance Program.--

31


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  1         (4)  The Chief Financial Officer Comptroller shall

  2  enter into contracts with program providers who shall:

  3         (a)  Be a public agency or private, nonprofit

  4  corporation, association, or entity.

  5         (b)  Use existing resources, services, and information

  6  that are available from state or local agencies, universities,

  7  or the private sector.

  8         (c)  Seek and accept funding from any public or private

  9  source.

10         (d)  Annually submit information to assist the

11  Legislative Committee on Intergovernmental Relations in

12  preparing a performance review that will include an analysis

13  of the effectiveness of the program.

14         (e)  Assist small counties in developing alternative

15  revenue sources.

16         (f)  Provide assistance to small counties in the areas

17  of financial management, accounting, investing, purchasing,

18  planning and budgeting, debt issuance, public management,

19  management systems, computers and information technology, and

20  public safety management.

21         (g)  Provide for an annual independent financial audit

22  of the program.

23         (h)  In each county served, conduct a needs assessment

24  upon which the assistance provided for that county will be

25  designed.

26         (5)(a)  The Chief Financial Officer Comptroller shall

27  issue a request for proposals to provide assistance to small

28  counties.  At the request of the Chief Financial Officer

29  Comptroller, the Legislative Committee on Intergovernmental

30  Relations shall assist in the preparation of the request for

31  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  council shall consider the following factors in reviewing

10  contract proposals:

11         1.  The demonstrated capacity of the provider to

12  conduct needs assessments and implement the program as

13  proposed.

14         2.  The number of small counties to be served under the

15  proposal.

16         3.  The cost of the program as specified in a proposed

17  budget.

18         4.  The short-term and long-term benefits of the

19  assistance to small counties.

20         5.  The form and extent to which existing resources,

21  services, and information that are available from state and

22  local agencies, universities, and the private sector will be

23  used by the provider under the contract.

24         (6)  A decision of the Chief Financial Officer

25  Comptroller to award a contract under this section is final

26  and shall be in writing with a copy provided to the

27  Legislative Committee on Intergovernmental Relations.

28         (7)  The Chief Financial Officer Comptroller may enter

29  into contracts and agreements with other state and local

30  agencies and with any person, association, corporation, or

31


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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 166.  Subsections (4), (5), (6), (7), (8), and

14  (9) of section 163.055, Florida Statutes, are amended to read:

15         163.055  Local Government Financial Technical

16  Assistance Program.--

17         (4)  The Chief Financial Officer Comptroller shall

18  enter into contracts with program providers who shall:

19         (a)  Be a public agency or private, nonprofit

20  corporation, association, or entity.

21         (b)  Use existing resources, services, and information

22  that are available from state or local agencies, universities,

23  or the private sector.

24         (c)  Seek and accept funding from any public or private

25  source.

26         (d)  Annually submit information to assist the

27  Legislative Committee on Intergovernmental Relations in

28  preparing a performance review that will include an analysis

29  of the effectiveness of the program.

30         (e)  Assist municipalities and independent special

31  districts in developing alternative revenue sources.


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  1         (f)  Provide for an annual independent financial audit

  2  of the program, if the program receives funding.

  3         (g)  Provide assistance to municipalities and special

  4  districts in the areas of financial management, accounting,

  5  investing, budgeting, and debt issuance.

  6         (h)  Develop a needs assessment to determine where

  7  assistance should be targeted, and to establish a priority

  8  system to deliver assistance to those jurisdictions most in

  9  need through the most economical means available.

10         (i)  Provide financial emergency assistance upon

11  direction from the Executive Office of the Governor pursuant

12  to s. 218.503.

13         (5)(a)  The Chief Financial Officer Comptroller shall

14  issue a request for proposals to provide assistance to

15  municipalities and special districts.  At the request of the

16  Chief Financial Officer Comptroller, the Legislative Committee

17  on Intergovernmental Relations shall assist in the preparation

18  of the request for proposals.

19         (b)  The Chief Financial Officer Comptroller shall

20  review each contract proposal submitted.

21         (c)  The Legislative Committee on Intergovernmental

22  Relations shall review each contract proposal and submit to

23  the Chief Financial Officer Comptroller, in writing, advisory

24  comments and recommendations, citing with specificity the

25  reasons for its recommendations.

26         (d)  The Chief Financial Officer Comptroller and the

27  Legislative Committee on Intergovernmental Relations shall

28  consider the following factors in reviewing contract

29  proposals:

30

31


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  1         1.  The demonstrated capacity of the provider to

  2  conduct needs assessments and implement the program as

  3  proposed.

  4         2.  The number of municipalities and special districts

  5  to be served under the proposal.

  6         3.  The cost of the program as specified in a proposed

  7  budget.

  8         4.  The short-term and long-term benefits of the

  9  assistance to municipalities and special districts.

10         5.  The form and extent to which existing resources,

11  services, and information that are available from state and

12  local agencies, universities, and the private sector will be

13  used by the provider under the contract.

14         (6)  A decision of the Chief Financial Officer

15  Comptroller to award a contract under this section is final

16  and shall be in writing with a copy provided to the

17  Legislative Committee on Intergovernmental Relations.

18         (7)  The Chief Financial Officer Comptroller may enter

19  into contracts and agreements with other state and local

20  agencies and with any person, association, corporation, or

21  entity other than the program providers, for the purpose of

22  administering this section.

23         (8)  The Chief Financial Officer Comptroller shall

24  provide fiscal oversight to ensure that funds expended for the

25  program are used in accordance with the contracts entered into

26  pursuant to subsection (4).

27         (9)  The Legislative Committee on Intergovernmental

28  Relations shall annually conduct a performance review of the

29  program.  The findings of the review shall be presented in a

30  report submitted to the Governor, the President of the Senate,

31


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  1  the Speaker of the House of Representatives, and the Chief

  2  Financial Officer Comptroller by January 15 of each year.

  3         Section 167.  Subsection (6) of section 163.3167,

  4  Florida Statutes, is amended to read:

  5         163.3167  Scope of act.--

  6         (6)  When a regional planning agency is required to

  7  prepare or amend a comprehensive plan, or element or portion

  8  thereof, pursuant to subsections (3) and (4), the regional

  9  planning agency and the local government may agree to a method

10  of compensating the regional planning agency for any

11  verifiable, direct costs incurred.  If an agreement is not

12  reached within 6 months after the date the regional planning

13  agency assumes planning responsibilities for the local

14  government pursuant to subsections (3) and (4) or by the time

15  the plan or element, or portion thereof, is completed,

16  whichever is earlier, the regional planning agency shall file

17  invoices for verifiable, direct costs involved with the

18  governing body.  Upon the failure of the local government to

19  pay such invoices within 90 days, the regional planning agency

20  may, upon filing proper vouchers with the Chief Financial

21  Officer State Comptroller, request payment by the Chief

22  Financial Officer State Comptroller from unencumbered revenue

23  or other tax sharing funds due such local government from the

24  state for work actually performed, and the Chief Financial

25  Officer State Comptroller shall pay such vouchers; however,

26  the amount of such payment shall not exceed 50 percent of such

27  funds due such local government in any one year.

28         Section 168.  Subsection (1) of section 175.101,

29  Florida Statutes, is amended to read:

30         175.101  State excise tax on property insurance

31  premiums authorized; procedure.--For any municipality, special


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  1  fire control district, chapter plan, local law municipality,

  2  local law special fire control district, or local law plan

  3  under this chapter:

  4         (1)  Each municipality or special fire control district

  5  in this state described and classified in s. 175.041, having a

  6  lawfully established firefighters' pension trust fund or

  7  municipal fund or special fire control district fund, by

  8  whatever name known, providing pension benefits to

  9  firefighters as provided under this chapter, may assess and

10  impose on every insurance company, corporation, or other

11  insurer now engaged in or carrying on, or who shall

12  hereinafter engage in or carry on, the business of property

13  insurance as shown by the records of the Department of

14  Financial Services Insurance an excise tax in addition to any

15  lawful license or excise tax now levied by each of the

16  municipalities or special fire control districts,

17  respectively, amounting to 1.85 percent of the gross amount of

18  receipts of premiums from policyholders on all premiums

19  collected on property insurance policies covering property

20  within the corporate limits of such municipalities or within

21  the legally defined boundaries of special fire control

22  districts, respectively.  Whenever the boundaries of a special

23  fire control district that has lawfully established a

24  firefighters' pension trust fund encompass a portion of the

25  corporate territory of a municipality that has also lawfully

26  established a firefighters' pension trust fund, that portion

27  of the tax receipts attributable to insurance policies

28  covering property situated both within the municipality and

29  the special fire control district shall be given to the fire

30  service provider. The agent shall identify the fire service

31  provider on the property owner's application for insurance.


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  1  Remaining revenues collected pursuant to this chapter shall be

  2  distributed to the municipality or special fire control

  3  district according to the location of the insured property.

  4         Section 169.  Subsection (2) of section 175.121,

  5  Florida Statutes, is amended to read:

  6         175.121  Department of Revenue and Division of

  7  Retirement to keep accounts of deposits; disbursements.--For

  8  any municipality or special fire control district having a

  9  chapter or local law plan established pursuant to this

10  chapter:

11         (2)  The Chief Financial Officer Comptroller shall, on

12  or before July 1 of each year, and at such other times as

13  authorized by the division, draw his or her warrants on the

14  full net amount of money then on deposit in the Police and

15  Firefighters' Premium Tax Trust Fund pursuant to this chapter,

16  specifying the municipalities and special fire control

17  districts to which the moneys must be paid and the net amount

18  collected for and to be paid to each municipality or special

19  fire control district, respectively, subject to the limitation

20  on disbursement under s. 175.122. The sum payable to each

21  municipality or special fire control district is appropriated

22  annually out of the Police and Firefighters' Premium Tax Trust

23  Fund. The warrants of the Chief Financial Officer Comptroller

24  shall be payable to the respective municipalities and special

25  fire control districts entitled to receive them and shall be

26  remitted annually by the division to the respective

27  municipalities and special fire control districts.  In lieu

28  thereof, the municipality or special fire control district may

29  provide authorization to the division for the direct payment

30  of the premium tax to the board of trustees. In order for a

31  municipality or special fire control district and its pension


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  1  fund to participate in the distribution of premium tax moneys

  2  under this chapter, all the provisions shall be complied with

  3  annually, including state acceptance pursuant to part VII of

  4  chapter 112.

  5         Section 170.  Section 175.151, Florida Statutes, is

  6  amended to read:

  7         175.151  Penalty for failure of insurers to comply with

  8  this act.--If Should any insurance company, corporation or

  9  other insurer fails fail to comply with the provisions of this

10  act, on or before March 1 of each year as herein provided, the

11  certificate of authority issued to said insurance company,

12  corporation or other insurer to transact business in this

13  state may be canceled and revoked by the Department of

14  Financial Services Insurance, and it is unlawful for any such

15  insurance company, corporation, or other insurer to transact

16  business thereafter in this state unless such insurance

17  company, corporation, or other insurer shall be granted a new

18  certificate of authority to transact any business in this

19  state, in compliance with provisions of law authorizing such

20  certificate of authority to be issued. The division is

21  responsible for notifying the Department of Financial Services

22  Insurance regarding any such failure to comply.

23         Section 171.  Subsection (1) of section 185.08, Florida

24  Statutes, is amended to read:

25         185.08  State excise tax on casualty insurance premiums

26  authorized; procedure.--For any municipality, chapter plan,

27  local law municipality, or local law plan under this chapter:

28         (1)  Each incorporated municipality in this state

29  described and classified in s. 185.03, as well as each other

30  city or town of this state which on July 31, 1953, had a

31  lawfully established municipal police officers' retirement


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



  1  trust fund or city fund, by whatever name known, providing

  2  pension or relief benefits to police officers as provided

  3  under this chapter, may assess and impose on every insurance

  4  company, corporation, or other insurer now engaged in or

  5  carrying on, or who shall hereafter engage in or carry on, the

  6  business of casualty insurance as shown by records of the

  7  Department of Financial Services Insurance, an excise tax in

  8  addition to any lawful license or excise tax now levied by

  9  each of the said municipalities, respectively, amounting to

10  .85 percent of the gross amount of receipts of premiums from

11  policyholders on all premiums collected on casualty insurance

12  policies covering property within the corporate limits of such

13  municipalities, respectively.

14         Section 172.  Subsection (2) of section 185.10, Florida

15  Statutes, is amended to read:

16         185.10  Department of Revenue and Division of

17  Retirement to keep accounts of deposits; disbursements.--For

18  any municipality having a chapter plan or local law plan under

19  this chapter:

20         (2)  The Chief Financial Officer Comptroller shall, on

21  or before July 1 of each year, and at such other times as

22  authorized by the division, draw his or her warrants on the

23  full net amount of money then on deposit pursuant to this

24  chapter in the Police and Firefighters' Premium Tax Trust

25  Fund, specifying the municipalities to which the moneys must

26  be paid and the net amount collected for and to be paid to

27  each municipality, respectively. The sum payable to each

28  municipality is appropriated annually out of the Police and

29  Firefighters' Premium Tax Trust Fund.  The warrants of the

30  Chief Financial Officer Comptroller shall be payable to the

31  respective municipalities entitled to receive them and shall


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



  1  be remitted annually by the division to the respective

  2  municipalities. In lieu thereof, the municipality may provide

  3  authorization to the division for the direct payment of the

  4  premium tax to the board of trustees.  In order for a

  5  municipality and its retirement fund to participate in the

  6  distribution of premium tax moneys under this chapter, all the

  7  provisions shall be complied with annually, including state

  8  acceptance pursuant to part VII of chapter 112.

  9         Section 173.  Section 185.13, Florida Statutes, is

10  amended to read:

11         185.13  Failure of insurer to comply with chapter;

12  penalty.--If Should any insurance company, corporation or

13  other insurer fails fail to comply with the provisions of this

14  chapter, on or before March 1 in each year as herein provided,

15  the certificate of authority issued to said insurance company,

16  corporation or other insurer to transact business in this

17  state may be canceled and revoked by the Department of

18  Financial Services Insurance, and it is unlawful for any such

19  insurance company, corporation or other insurer to transact

20  any business thereafter in this state unless such insurance

21  company, corporation or other insurer shall be granted a new

22  certificate of authority to transact business in this state,

23  in compliance with provisions of law authorizing such

24  certificate of authority to be issued. The division shall be

25  responsible for notifying the Department of Financial Services

26  Insurance regarding any such failure to comply.

27         Section 174.  Subsections (2), (3), and (5) of section

28  189.4035, Florida Statutes, are amended to read:

29         189.4035  Preparation of official list of special

30  districts.--

31


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  1         (2)  The official list shall be produced by the

  2  department after the department has notified each special

  3  district that is currently reporting to the department, the

  4  Department of Financial Services Banking and Finance pursuant

  5  to s. 218.32, or the Auditor General pursuant to s. 218.39.

  6  Upon notification, each special district shall submit, within

  7  60 days, its determination of its status.  The determination

  8  submitted by a special district shall be consistent with the

  9  status reported in the most recent local government audit of

10  district activities submitted to the Auditor General pursuant

11  to s. 218.39.

12         (3)  The Department of Financial Services Banking and

13  Finance shall provide the department with a list of dependent

14  special districts reporting pursuant to s. 218.32 for

15  inclusion on the official list of special districts.

16         (5)  The official list of special districts shall be

17  distributed by the department on October 1 of each year to the

18  President of the Senate, the Speaker of the House of

19  Representatives, the Auditor General, the Department of

20  Revenue, the Department of Financial Services Banking and

21  Finance, the Department of Management Services, the State

22  Board of Administration, counties, municipalities, county

23  property appraisers, tax collectors, and supervisors of

24  elections and to all interested parties who request the list.

25         Section 175.  Subsection (1) of section 189.412,

26  Florida Statutes, is amended to read:

27         189.412  Special District Information Program; duties

28  and responsibilities.--The Special District Information

29  Program of the Department of Community Affairs is created and

30  has the following special duties:

31


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  1         (1)  The collection and maintenance of special district

  2  compliance status reports from the Auditor General, the

  3  Department of Financial Services Banking and Finance, the

  4  Division of Bond Finance of the State Board of Administration,

  5  the Department of Management Services, the Department of

  6  Revenue, and the Commission on Ethics for the reporting

  7  required in ss. 112.3144, 112.3145, 112.3148, 112.3149,

  8  112.63, 200.068, 218.32, 218.34, 218.38, 218.39, and 280.17

  9  and chapter 121 and from state agencies administering programs

10  that distribute money to special districts. The special

11  district compliance status reports must consist of a list of

12  special districts used in that state agency and a list of

13  which special districts did not comply with the reporting

14  statutorily required by that agency.

15         Section 176.  Section 189.427, Florida Statutes, is

16  amended to read:

17         189.427  Fee schedule; Operating Trust Fund.--The

18  Department of Community Affairs, by rule, shall establish a

19  schedule of fees to pay one-half of the costs incurred by the

20  department in administering this act, except that the fee may

21  not exceed $175 per district per year. The fees collected

22  under this section shall be deposited in the Operating Trust

23  Fund, which shall be administered by the Department of

24  Community Affairs. Any fee rule must consider factors such as

25  the dependent and independent status of the district and

26  district revenues for the most recent fiscal year as reported

27  to the Department of Financial Services Banking and Finance.

28  The department may assess fines of not more than $25, with an

29  aggregate total not to exceed $50, as penalties against

30  special districts that fail to remit required fees to the

31  department. It is the intent of the Legislature that general


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



  1  revenue funds will be made available to the department to pay

  2  one-half of the cost of administering this act.

  3         Section 177.  Subsection (3) of section 190.007,

  4  Florida Statutes, is amended to read:

  5         190.007  Board of supervisors; general duties.--

  6         (3)  The board is authorized to select as a depository

  7  for its funds any qualified public depository as defined in s.

  8  280.02 which meets all the requirements of chapter 280 and has

  9  been designated by the Chief Financial Officer Treasurer as a

10  qualified public depository, upon such terms and conditions as

11  to the payment of interest by such depository upon the funds

12  so deposited as the board may deem just and reasonable.

13         Section 178.  Subsection (16) of section 191.006,

14  Florida Statutes, is amended to read:

15         191.006  General powers.--The district shall have, and

16  the board may exercise by majority vote, the following powers:

17         (16)  To select as a depository for its funds any

18  qualified public depository as defined in s. 280.02 which

19  meets all the requirements of chapter 280 and has been

20  designated by the Chief Financial Officer State Treasurer as a

21  qualified public depository, upon such terms and conditions as

22  to the payment of interest upon the funds deposited as the

23  board deems just and reasonable.

24         Section 179.  Subsection (4) of section 192.091,

25  Florida Statutes, is amended to read:

26         192.091  Commissions of property appraisers and tax

27  collectors.--

28         (4)  The commissions for collecting taxes assessed for

29  or levied by the state shall be audited, and allowed, by the

30  Comptroller and shall be paid by the Chief Financial Officer

31  Treasurer as other Comptroller's warrants are paid; and


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  1  commissions for collecting the county taxes shall be audited

  2  and paid by the boards of county commissioners of the several

  3  counties of this state.  The commissions for collecting all

  4  special school district taxes shall be audited by the school

  5  board of each respective district and taken out of the funds

  6  of the respective special school district under its control

  7  and allowed and paid to the tax collectors for collecting such

  8  taxes; and the commissions for collecting all other district

  9  taxes, whether special or not, shall be audited and paid by

10  the governing board or commission having charge of the

11  financial obligations of such district.  All commissions for

12  collecting special tax district taxes shall be paid at the

13  time and in the manner now, or as may hereafter be, provided

14  for the payment of the commissions for the collection of

15  county taxes.  All amounts paid as compensation to any tax

16  collector under the provisions of this or any other law shall

17  be a part of the general income or compensation of such

18  officer for the year in which received, and nothing contained

19  in this section shall be held or construed to affect or

20  increase the maximum salary as now provided by law for any

21  such officer.

22         Section 180.  Subsection (3) of section 192.102,

23  Florida Statutes, is amended to read:

24         192.102  Payment of property appraisers' and

25  collectors' commissions.--

26         (3)  The Chief Financial Officer Comptroller of the

27  state shall issue to each of the county property appraisers

28  and collectors of taxes, on the first Monday of January,

29  April, July, and October, on demand of such county property

30  appraisers and collectors of taxes after approval by the

31  Department of Revenue, and shall pay, his or her warrant,


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  1  which shall be paid by the Treasurer of the state, for an

  2  amount equal to one-fourth of four-fifths of the total amount

  3  of commissions received by such county property appraisers and

  4  collectors of taxes or their predecessors in office from the

  5  state during and for the preceding year, and the balance of

  6  the commissions earned by such county property appraiser and

  7  collector of taxes, respectively, during each year, over and

  8  above the amount of such installment payments herein provided

  9  for, shall be payable when a report of errors and double

10  assessments is approved by the county commissioners and a copy

11  thereof filed with the Department of Revenue.

12         Section 181.  Subsection (1) of section 193.092,

13  Florida Statutes, is amended to read:

14         193.092  Assessment of property for back taxes.--

15         (1)  When it shall appear that any ad valorem tax might

16  have been lawfully assessed or collected upon any property in

17  the state, but that such tax was not lawfully assessed or

18  levied, and has not been collected for any year within a

19  period of 3 years next preceding the year in which it is

20  ascertained that such tax has not been assessed, or levied, or

21  collected, then the officers authorized shall make the

22  assessment of taxes upon such property in addition to the

23  assessment of such property for the current year, and shall

24  assess the same separately for such property as may have

25  escaped taxation at and upon the basis of valuation applied to

26  such property for the year or years in which it escaped

27  taxation, noting distinctly the year when such property

28  escaped taxation and such assessment shall have the same force

29  and effect as it would have had if it had been made in the

30  year in which the property shall have escaped taxation, and

31  taxes shall be levied and collected thereon in like manner and


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  1  together with taxes for the current year in which the

  2  assessment is made.  But no property shall be assessed for

  3  more than 3 years' arrears of taxation, and all property so

  4  escaping taxation shall be subject to such taxation to be

  5  assessed in whomsoever's hands or possession the same may be

  6  found; provided, that the county property appraiser shall not

  7  assess any lot or parcel of land certified or sold to the

  8  state for any previous years unless such lot or parcel of

  9  lands so certified or sold shall be included in the list

10  furnished by the Chief Financial Officer Comptroller to the

11  county property appraiser as provided by law; provided, if

12  real or personal property be assessed for taxes, and because

13  of litigation delay ensues and the assessment be held invalid

14  the taxing authorities, may reassess such property within the

15  time herein provided after the termination of such litigation;

16  provided further, that personal property acquired in good

17  faith by purchase shall not be subject to assessment for taxes

18  for any time prior to the time of such purchase, but the

19  individual or corporation liable for any such assessment shall

20  continue personally liable for same.

21         Section 182.  Section 195.101, Florida Statutes, is

22  amended to read:

23         195.101  Withholding of state funds.--

24         (1)  The Department of Revenue is hereby directed to

25  determine each year whether the several counties of this state

26  are assessing the real and tangible personal property within

27  their jurisdiction in accordance with law.  If the Department

28  of Revenue determines that any county is assessing property at

29  less than that prescribed by law, the Chief Financial Officer

30  Comptroller shall withhold from such county a portion of any

31  state funds to which the county may be entitled equal to the


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  1  difference of the amount assessed and the amount required to

  2  be assessed by law.

  3         (2)  The Department of Revenue is hereby directed to

  4  determine each year whether the several municipalities of this

  5  state are assessing the real and tangible personal property

  6  within their jurisdiction in accordance with law.  If the

  7  Department of Revenue determines that any municipality is

  8  assessing property at less than that prescribed by law, the

  9  Chief Financial Officer Comptroller shall withhold from such

10  municipality a portion of any state funds to which that

11  municipality may be entitled equal to the difference of the

12  amount assessed and the amount required to be assessed by law.

13         Section 183.  Subsection (1) of section 198.29, Florida

14  Statutes, is amended to read:

15         198.29  Refunds of excess tax paid.--

16         (1)  Whenever it appears, upon the examination of any

17  return made under this chapter or upon proof submitted to the

18  department by the personal representative, that an amount of

19  estate tax has been paid in excess of the tax legally due

20  under this chapter, the amount of such overpayment, together

21  with any overpayment of interest thereon shall be refunded to

22  the personal representative and paid by upon the warrant of

23  the Chief Financial Officer Comptroller, drawn upon the

24  Treasurer who shall honor and pay the same; such refund shall

25  be made by the department as a matter of course regardless of

26  whether or not the personal representative has filed a written

27  claim therefor, except that upon request of the department,

28  the personal representative shall file with the department a

29  conformed copy of any written claim for refund of federal

30  estate tax which has theretofore been filed with the United

31  States.


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  1         Section 184.  Paragraph (a) of subsection (7) of

  2  section 199.232, Florida Statutes, is amended to read:

  3         199.232  Powers of department.--

  4         (7)(a)  If it appears, upon examination of an

  5  intangible tax return made under this chapter or upon proof

  6  submitted to the department by the taxpayer, that an amount of

  7  intangible personal property tax has been paid in excess of

  8  the amount due, the department shall refund the amount of the

  9  overpayment to the taxpayer by a warrant of the Chief

10  Financial Officer Comptroller, drawn upon the Treasurer. The

11  department shall refund the overpayment without regard to

12  whether the taxpayer has filed a written claim for a refund;

13  however, the department may request that the taxpayer file a

14  statement affirming that the taxpayer made the overpayment.

15         Section 185.  Paragraph (a) of subsection (1) of

16  section 203.01, Florida Statutes, is amended to read:

17         203.01  Tax on gross receipts for utility and

18  communications services.--

19         (1)(a)1.  Every person that receives payment for any

20  utility service shall report by the last day of each month to

21  the Department of Revenue, under oath of the secretary or some

22  other officer of such person, the total amount of gross

23  receipts derived from business done within this state, or

24  between points within this state, for the preceding month and,

25  at the same time, shall pay into the State Treasury an amount

26  equal to a percentage of such gross receipts at the rate set

27  forth in paragraph (b).  Such collections shall be certified

28  by the Chief Financial Officer Comptroller upon the request of

29  the State Board of Education.

30         2.  A tax is levied on communications services as

31  defined in s. 202.11(3). Such tax shall be applied to the same


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  1  services and transactions as are subject to taxation under

  2  chapter 202, and to communications services that are subject

  3  to the exemption provided in s. 202.125(1). Such tax shall be

  4  applied to the sales price of communications services when

  5  sold at retail and to the actual cost of operating substitute

  6  communications systems, as such terms are defined in s.

  7  202.11, shall be due and payable at the same time as the taxes

  8  imposed pursuant to chapter 202, and shall be administered and

  9  collected pursuant to the provisions of chapter 202.

10         Section 186.  Subsection (1) of section 206.46, Florida

11  Statutes, is amended to read:

12         206.46  State Transportation Trust Fund.--

13         (1)  All moneys in the State Transportation Trust Fund,

14  which is hereby created, shall be used for transportation

15  purposes, as provided by law, under the direction of the

16  Department of Transportation, which department may from time

17  to time make requisition on the Chief Financial Officer

18  Comptroller for such funds.  Moneys from such fund shall be

19  drawn by the Chief Financial Officer Comptroller by warrant

20  upon the State Treasury pursuant to vouchers and shall be paid

21  in like manner as other state warrants are paid out of the

22  appropriated fund against which the warrants are drawn.  All

23  sums of money necessary to provide for the payment of the

24  warrants by the Chief Financial Officer Comptroller drawn upon

25  such fund are appropriated annually out of the fund for the

26  purpose of making such payments from time to time.

27         Section 187.  Subsection (4) of section 210.16, Florida

28  Statutes, is amended to read:

29         210.16  Revocation or suspension of permit.--

30         (4)  In lieu of the suspension or revocation of

31  permits, the division may impose civil penalties against


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  1  holders of permits for violations of this part or rules and

  2  regulations relating thereto.  No civil penalty so imposed

  3  shall exceed $1,000 for each offense, and all amounts

  4  collected shall be deposited with the Chief Financial Officer

  5  State Treasurer to the credit of the General Revenue Fund.  If

  6  the holder of the permit fails to pay the civil penalty, his

  7  or her permit shall be suspended for such period of time as

  8  the division may specify.

  9         Section 188.  Subsection (2) of section 210.20, Florida

10  Statutes, is amended to read:

11         210.20  Employees and assistants; distribution of

12  funds.--

13         (2)  As collections are received by the division from

14  such cigarette taxes, it shall pay the same into a trust fund

15  in the State Treasury designated "Cigarette Tax Collection

16  Trust Fund" which shall be paid and distributed as follows:

17         (a)  The division shall from month to month certify to

18  the Chief Financial Officer Comptroller the amount derived

19  from the cigarette tax imposed by s. 210.02, less the service

20  charges provided for in s. 215.20 and less 0.9 percent of the

21  amount derived from the cigarette tax imposed by s. 210.02,

22  which shall be deposited into the Alcoholic Beverage and

23  Tobacco Trust Fund, specifying the amounts to be transferred

24  from the Cigarette Tax Collection Trust Fund and credited on

25  the basis of 2.9 percent of the net collections to the Revenue

26  Sharing Trust Fund for Counties and 29.3 percent of the net

27  collections for the funding of indigent health care to the

28  Public Medical Assistance Trust Fund.

29         (b)  Beginning January 1, 1999, and continuing for 10

30  years thereafter, the division shall from month to month

31  certify to the Chief Financial Officer Comptroller the amount


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  1  derived from the cigarette tax imposed by s. 210.02, less the

  2  service charges provided for in s. 215.20 and less 0.9 percent

  3  of the amount derived from the cigarette tax imposed by s.

  4  210.02 which shall be deposited into the Alcoholic Beverage

  5  and Tobacco Trust Fund, specifying an amount equal to 2.59

  6  percent of the net collections, and that amount shall be paid

  7  to the Board of Directors of the H. Lee Moffitt Cancer Center

  8  and Research Institute, established under s. 240.512, by

  9  warrant drawn by the Chief Financial Officer Comptroller upon

10  the State Treasury. These funds are hereby appropriated

11  monthly out of the Cigarette Tax Collection Trust Fund, to be

12  used for the purpose of constructing, furnishing, and

13  equipping a cancer research facility at the University of

14  South Florida adjacent to the H. Lee Moffitt Cancer Center and

15  Research Institute.  In fiscal years 1999-2000 and thereafter

16  with the exception of fiscal year 2008-2009, the appropriation

17  to the H. Lee Moffitt Cancer Center and Research Institute

18  authorized by this paragraph shall not be less than the amount

19  which would have been paid to the H. Lee Moffitt Cancer Center

20  and Research Institute for fiscal year 1998-1999 had payments

21  been made for the entire fiscal year rather than for a 6-month

22  period thereof.

23         Section 189.  Subsection (4) of section 210.50, Florida

24  Statutes, is amended to read:

25         210.50  Revocation or suspension of license.--

26         (4)  In lieu of the suspension or revocation of

27  licenses, the division may impose civil penalties against

28  holders of licenses for violations of this part or rules

29  relating thereto. No civil penalty so imposed shall exceed

30  $1,000 for each offense, and all amounts collected shall be

31  deposited with the Chief Financial Officer State Treasurer to


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  1  the credit of the General Revenue Fund.  If the holder of the

  2  license fails to pay the civil penalty, his or her license

  3  shall be suspended for such period of time as the division may

  4  specify.

  5         Section 190.  Subsection (1) of section 211.06, Florida

  6  Statutes, is amended to read:

  7         211.06  Oil and Gas Tax Trust Fund; distribution of tax

  8  proceeds.--All taxes, interest, and penalties imposed under

  9  this part shall be collected by the department and placed in a

10  special fund designated the "Oil and Gas Tax Trust Fund."

11         (1)  There is hereby annually appropriated a sufficient

12  amount from the Oil and Gas Tax Trust Fund for the Chief

13  Financial Officer Comptroller to refund any overpayments that

14  which have been properly approved.

15         Section 191.  Paragraph (d) of subsection (1) of

16  section 211.32, Florida Statutes, is amended to read:

17         211.32  Tax on solid minerals; Land Reclamation Trust

18  Fund; refund for restoration and reclamation.--

19         (1)

20         (d)  The Chief Financial Officer Comptroller shall,

21  upon written verification of compliance with paragraph (a),

22  paragraph (b), or paragraph (c) by the Department of

23  Environmental Protection, and upon verification of the cost of

24  the restoration and reclamation program or, if paragraph (c)

25  is elected, the fair market value of the land, grant refunds,

26  to be paid from the Land Reclamation Trust Fund, of the taxes

27  paid under this part, in an amount equal to 100 percent of the

28  costs incurred in complying with paragraph (a) or paragraph

29  (b), or 100 percent of the fair market value of the land

30  transferred in complying with paragraph (c), subject to the

31  following limitations:


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  1         1.  A taxpayer shall not be entitled to refunds in

  2  excess of the amount of taxes paid by the taxpayer under this

  3  part which are deposited in the Land Reclamation Trust Fund.

  4         2.  A taxpayer shall not be entitled to the payment of

  5  a refund for costs incurred in connection with a particular

  6  restoration and reclamation program unless and until the

  7  taxpayer is accomplishing the program in reasonable compliance

  8  with the criteria established by the Department of

  9  Environmental Protection.

10         Section 192.  Paragraph (m) of subsection (5) of

11  section 212.08, Florida Statutes, is amended to read:

12         212.08  Sales, rental, use, consumption, distribution,

13  and storage tax; specified exemptions.--The sale at retail,

14  the rental, the use, the consumption, the distribution, and

15  the storage to be used or consumed in this state of the

16  following are hereby specifically exempt from the tax imposed

17  by this chapter.

18         (5)  EXEMPTIONS; ACCOUNT OF USE.--

19         (m)  Educational materials purchased by certain child

20  care facilities.--Educational materials, such as glue, paper,

21  paints, crayons, unique craft items, scissors, books, and

22  educational toys, purchased by a child care facility that

23  meets the standards delineated in s. 402.305, is licensed

24  under s. 402.308, holds a current Gold Seal Quality Care

25  designation pursuant to s. 402.281, and provides basic health

26  insurance to all employees are exempt from the taxes imposed

27  by this chapter. For purposes of this paragraph, the term

28  "basic health insurance" shall be defined and promulgated in

29  rules developed jointly by the Department of Children and

30  Family Services, the Agency for Health Care Administration,

31  and the Department of Financial Services Insurance.


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  1         Section 193.  Paragraph (c) of subsection (6) of

  2  section 212.12, Florida Statutes, is amended to read:

  3         212.12  Dealer's credit for collecting tax; penalties

  4  for noncompliance; powers of Department of Revenue in dealing

  5  with delinquents; brackets applicable to taxable transactions;

  6  records required.--

  7         (6)

  8         (c)1.  If the records of a dealer are adequate but

  9  voluminous in nature and substance, the department may sample

10  such records, except for fixed assets, and project the audit

11  findings derived therefrom over the entire audit period to

12  determine the proportion that taxable retail sales bear to

13  total retail sales or the proportion that taxable purchases

14  bear to total purchases. In order to conduct such a sample,

15  the department must first make a good faith effort to reach an

16  agreement with the dealer, which agreement provides for the

17  means and methods to be used in the sampling process.  In the

18  event that no agreement is reached, the dealer is entitled to

19  a review by the executive director.

20         2.  For the purposes of sampling pursuant to

21  subparagraph 1., the department shall project any deficiencies

22  and overpayments derived therefrom over the entire audit

23  period. In determining the dealer's compliance, the department

24  shall reduce any tax deficiency as derived from the sample by

25  the amount of any overpayment derived from the sample. In the

26  event the department determines from the sample results that

27  the dealer has a net tax overpayment, the department shall

28  provide the findings of this overpayment to the Chief

29  Financial Officer Comptroller for repayment of funds paid into

30  the State Treasury through error pursuant to s. 215.26.

31


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  1         Section 194.  Subsection (1) of section 212.20, Florida

  2  Statutes, is amended to read:

  3         212.20  Funds collected, disposition; additional powers

  4  of department; operational expense; refund of taxes

  5  adjudicated unconstitutionally collected.--

  6         (1)  The department shall pay over to the Chief

  7  Financial Officer Treasurer of the state all funds received

  8  and collected by it under the provisions of this chapter, to

  9  be credited to the account of the General Revenue Fund of the

10  state.

11         Section 195.  Subsections (4) and (6), paragraph (e) of

12  subsection (7) and subsection (13) of section 213.053, Florida

13  Statutes, are amended to read:

14         213.053  Confidentiality and information sharing.--

15         (4)  Nothing contained in this section shall prevent

16  the department from publishing statistics so classified as to

17  prevent the identification of particular accounts, reports,

18  declarations, or returns or prevent the department from

19  disclosing to the Chief Financial Officer Comptroller the

20  names and addresses of those taxpayers who have claimed an

21  exemption pursuant to s. 199.185(1)(i) or a deduction pursuant

22  to s. 220.63(5).

23         (6)  Any information received by the Department of

24  Revenue in connection with the administration of taxes,

25  including, but not limited to, information contained in

26  returns, reports, accounts, or declarations filed by persons

27  subject to tax, shall be made available by the department to

28  the Auditor General or his or her authorized agent, the

29  director of the Office of Program Policy Analysis and

30  Government Accountability or his or her authorized agent, the

31  Chief Financial Officer Comptroller or his or her authorized


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  1  agent, the Insurance Commissioner or his or her authorized

  2  agent, the Treasurer or his or her authorized agent, or a

  3  property appraiser or tax collector or their authorized agents

  4  pursuant to s. 195.084(1), in the performance of their

  5  official duties, or to designated employees of the Department

  6  of Education solely for determination of each school

  7  district's price level index pursuant to s. 236.081(2);

  8  however, no information shall be disclosed to the Auditor

  9  General or his or her authorized agent, the director of the

10  Office of Program Policy Analysis and Government

11  Accountability or his or her authorized agent, the Chief

12  Financial Officer Comptroller or his or her authorized agent,

13  the Insurance Commissioner or his or her authorized agent, the

14  Treasurer or his or her authorized agent, or to a property

15  appraiser or tax collector or their authorized agents, or to

16  designated employees of the Department of Education if such

17  disclosure is prohibited by federal law.  The Auditor General

18  or his or her authorized agent, the director of the Office of

19  Program Policy Analysis and Government Accountability or his

20  or her authorized agent, the Chief Financial Officer

21  Comptroller or his or her authorized agent, the Treasurer or

22  his or her authorized agent, and the property appraiser or tax

23  collector and their authorized agents, or designated employees

24  of the Department of Education shall be subject to the same

25  requirements of confidentiality and the same penalties for

26  violation of the requirements as the department.  For the

27  purpose of this subsection, "designated employees of the

28  Department of Education" means only those employees directly

29  responsible for calculation of price level indices pursuant to

30  s. 236.081(2).  It does not include the supervisors of such

31


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  1  employees or any other employees or elected officials within

  2  the Department of Education.

  3         (7)  Notwithstanding any other provision of this

  4  section, the department may provide:

  5         (e)  Names, addresses, taxpayer identification numbers,

  6  and outstanding tax liabilities to the Department of the

  7  Lottery and the Department of Financial Services Banking and

  8  Finance in the conduct of their official duties.

  9         (13)  Notwithstanding the provisions of s. 896.102(2),

10  the department may allow full access to the information and

11  documents required to be filed with it under s. 896.102(1) to

12  federal, state, and local law enforcement and prosecutorial

13  agencies, and to the Department of Financial Services Banking

14  and Finance, and any of those agencies may use the information

15  and documents in any civil or criminal investigation and in

16  any court proceedings.

17         Section 196.  Section 213.054, Florida Statutes, is

18  amended to read:

19         213.054  Persons claiming tax exemptions or deductions;

20  annual report.--The Department of Revenue shall be responsible

21  for monitoring the utilization of tax exemptions and tax

22  deductions authorized pursuant to chapter 81-179, Laws of

23  Florida.  On or before September 1 of each year, the

24  department shall report to the Chief Financial Officer

25  Comptroller the names and addresses of all persons who have

26  claimed an exemption pursuant to s. 199.185(1)(i) or a

27  deduction pursuant to s. 220.63(5).

28         Section 197.  Subsection (6) of section 213.255,

29  Florida Statutes, is amended to read:

30

31


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  1         213.255  Interest.--Interest shall be paid on

  2  overpayments of taxes, payment of taxes not due, or taxes paid

  3  in error, subject to the following conditions:

  4         (6)  Interest shall be paid until a date determined by

  5  the department which shall be no more than 7 days prior to the

  6  date of the issuance of the refund warrant by the Chief

  7  Financial Officer Comptroller.

  8         Section 198.  Subsection (9) of section 213.67, Florida

  9  Statutes, is amended to read:

10         213.67  Garnishment.--

11         (9)  The department shall provide notice to the Chief

12  Financial Officer Comptroller, in electronic or other form

13  specified by the Chief Financial Officer Comptroller, listing

14  the taxpayers for which tax warrants are outstanding. Pursuant

15  to subsection (1), the Chief Financial Officer Comptroller

16  shall, upon notice from the department, withhold all payments

17  to any person or business, as defined in s. 212.02, which

18  provides commodities or services to the state, leases real

19  property to the state, or constructs a public building or

20  public work for the state. The department may levy upon the

21  withheld payments in accordance with subsection (3). The

22  provisions of s. 215.422 do not apply from the date the notice

23  is filed with the Chief Financial Officer Comptroller until

24  the date the department notifies the Chief Financial Officer

25  Comptroller of its consent to make payment to the person or 60

26  days after receipt of the department's notice in accordance

27  with subsection (1), whichever occurs earlier.

28         Section 199.  Subsection (4) of section 213.75, Florida

29  Statutes, is amended to read:

30         213.75  Application of payments.--

31


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  1         (4)  Any surplus proceeds remaining after the

  2  application of subsection (3) shall, upon application and

  3  satisfactory proof thereof, be refunded by the Chief Financial

  4  Officer Comptroller to the person or persons legally entitled

  5  thereto pursuant to s. 215.26.

  6         Section 200.  Section 215.02, Florida Statutes, is

  7  amended to read:

  8         215.02  Manner of paying money into the

  9  Treasury.--Whenever any officer of this state or other person

10  desires to pay any money into the Treasury of the state on

11  account of his or her indebtedness to the state, the person

12  shall first go into the Department of Financial Services

13  Banking and Finance, and there ascertain from the department's

14  books the amount of his or her indebtedness to the state, and

15  thereupon the department shall give that person a memorandum

16  or certificate of the amount of such indebtedness, and on what

17  account.  Second, the person shall take said certificate with

18  him or her to the Department of Insurance and deliver the same

19  and pay over to the Chief Financial Officer Insurance

20  Commissioner and Treasurer the amount ascertained called for

21  in said certificate.  Third, The Chief Financial Officer

22  Insurance Commissioner and Treasurer shall receive the money,

23  make a proper entry thereof, file the certificate of the

24  Department of Banking and Finance, and give a certificate to

25  the party paying over the money, acknowledging the receipt of

26  the money, and on what account; which certificate thus

27  received, the party shall return to the Department of Banking

28  and Finance, on receipt of which the department shall give the

29  party a receipt for the amount, and enter a credit on the

30  party's account in his or her books for the amount thus paid

31  by him or her to the Insurance Commissioner and Treasurer, and


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  1  file the certificate received from the Insurance Commissioner

  2  and Treasurer.

  3         Section 201.  Section 215.03, Florida Statutes, is

  4  amended to read:

  5         215.03  Party to be reimbursed on reversal of judgment

  6  for state.--Whenever upon appeal in civil cases, any judgment

  7  in favor of the state has been or shall be reversed and set

  8  aside, which may have been paid in part by the appellant, the

  9  Chief Financial Officer Comptroller shall issue his or her

10  warrant upon the Treasurer to reimburse the appellant for all

11  sums paid in discharge of such judgment and cost, provided the

12  appellant shall adduce satisfactory evidence to the Chief

13  Financial Officer Comptroller of the sums paid as aforesaid.

14         Section 202.  Section 215.04, Florida Statutes, is

15  amended to read:

16         215.04  Department of Financial Services Banking and

17  Finance to report delinquents.--The Department of Financial

18  Services Banking and Finance shall report to the state

19  attorney of the proper circuit the name of any delinquent

20  officer whose delinquency concerns the department, so soon as

21  such delinquency shall occur; and the state attorney shall

22  proceed forthwith against such delinquent.

23         Section 203.  Section 215.05, Florida Statutes, is

24  amended to read:

25         215.05  Department of Financial Services Banking and

26  Finance to certify accounts of delinquents.--When any revenue

27  officer or other person accountable for public money shall

28  neglect or refuse to pay into the treasury the sum or balance

29  reported to be due to the state, upon the adjustment of that

30  person's account, the Department of Financial Services Banking

31  and Finance shall immediately hand over to the state attorney


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  1  of the proper circuit the statement of the sum or balance

  2  certified under its seal of office, so due; and the state

  3  attorney shall institute suit for the recovery of the same,

  4  adding to the sum or balance stated to be due on such account

  5  the commissions of the delinquent, which shall be forfeited in

  6  every instance where suit is commenced and judgment is

  7  obtained thereon, and an interest of 8 percent per annum from

  8  the time of the delinquent's receiving the money until it

  9  shall be paid into the State Treasury.

10         Section 204.  Section 215.11, Florida Statutes, is

11  amended to read:

12         215.11  Defaulting officers; Department of Financial

13  Services Banking and Finance to report to clerk.--The

14  Department of Financial Services Banking and Finance shall,

15  within 90 days after the expiration of the term of office of

16  any tax collector, sheriff, clerk of the circuit or county

17  court, treasurer, or any other officer of any county who has

18  the collection, custody, and control of any state funds, who

19  shall be in arrears in his or her accounts with the state,

20  make up and forward to the clerk of the circuit court of such

21  county a statement of his or her accounts with the state.

22         Section 205.  Paragraph (cc) of subsection (4) of

23  section 215.20, Florida Statutes, is amended to read:

24         215.20  Certain income and certain trust funds to

25  contribute to the General Revenue Fund.--

26         (4)  The income of a revenue nature deposited in the

27  following described trust funds, by whatever name designated,

28  is that from which the deductions authorized by subsection (3)

29  shall be made:

30         (cc)  The Insurance Commissioner's Regulatory Trust

31  Fund created by s. 624.523.


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  1

  2  The enumeration of the foregoing moneys or trust funds shall

  3  not prohibit the applicability thereto of s. 215.24 should the

  4  Governor determine that for the reasons mentioned in s. 215.24

  5  the money or trust funds should be exempt herefrom, as it is

  6  the purpose of this law to exempt income from its force and

  7  effect when, by the operation of this law, federal matching

  8  funds or contributions or private grants to any trust fund

  9  would be lost to the state.

10         Section 206.  Paragraphs (e) and (g) of subsection (1)

11  of section 215.22, Florida Statutes, is amended to read:

12         215.22  Certain income and certain trust funds

13  exempt.--

14         (1)  The following income of a revenue nature or the

15  following trust funds shall be exempt from the deduction

16  required by s. 215.20(1):

17         (e)  State, agency, or political subdivision

18  investments by the Chief Financial Officer Treasurer.

19         (g)  Self-insurance programs administered by the Chief

20  Financial Officer Treasurer.

21         Section 207.  Section 215.23, Florida Statutes, is

22  amended to read:

23         215.23  When contributions to be made.--The deductions

24  required by s. 215.20 shall be paid into the appropriate fund

25  by the Department of Financial Services Banking and Finance or

26  by the Chief Financial Officer State Treasurer, as the case

27  may be, for quarterly periods ending March 31, June 30,

28  September 30, and December 31 of each year, and when so paid

29  shall thereupon become a part of that fund to be accounted for

30  and disbursed as provided by law.

31


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  1         Section 208.  Section 215.24, Florida Statutes, is

  2  amended to read:

  3         215.24  Exemptions where federal contributions or

  4  private grants.--

  5         (1)  Should any state fund be the recipient of federal

  6  contributions or private grants, either by the matching of

  7  state funds or by a general donation to state funds, and the

  8  payment of moneys into the General Revenue Fund under s.

  9  215.20 should cause such fund to lose federal or private

10  assistance, the Governor shall certify to the Department of

11  Financial Services Banking and Finance and to the Chief

12  Financial Officer State Treasurer that said income is for that

13  reason exempt from the force and effect of s. 215.20.

14         (2)  Should it be determined by the Governor that by

15  reason of payments already made into the General Revenue Fund

16  by any fund under this law, such fund is subject to the loss

17  of federal or private assistance, then the Governor shall

18  certify to the Department of Financial Services Banking and

19  Finance and to the Chief Financial Officer State Treasurer

20  that the income from such assistance is exempt from the

21  provisions of this law, and the Department of Financial

22  Services Banking and Finance or the Chief Financial Officer

23  State Treasurer, as the case may be, shall thereupon refund

24  and pay over to such fund any amount previously paid into the

25  General Revenue Fund from such income.

26         Section 209.  Section 215.25, Florida Statutes, is

27  amended to read:

28         215.25  Manner of contributions; rules and

29  regulations.--The Department of Financial Services Banking and

30  Finance and the Chief Financial Officer State Treasurer are

31  hereby authorized to ascertain and determine the manner in


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  1  which the required amounts shall be deducted and paid and to

  2  adopt and effectuate such rules and procedure as may be

  3  necessary for carrying out the provisions of this law.  Such

  4  rules and procedure shall be approved by the Executive Office

  5  of the Governor.

  6         Section 210.  Subsections (1), (2), and (5) of section

  7  215.26, Florida Statutes, are amended to read:

  8         215.26  Repayment of funds paid into State Treasury

  9  through error.--

10         (1)  The Chief Financial Officer Comptroller of the

11  state may refund to the person who paid same, or his or her

12  heirs, personal representatives, or assigns, any moneys paid

13  into the State Treasury which constitute:

14         (a)  An overpayment of any tax, license, or account

15  due;

16         (b)  A payment where no tax, license, or account is

17  due; and

18         (c)  Any payment made into the State Treasury in error;

19

20  and if any such payment has been credited to an appropriation,

21  such appropriation shall at the time of making any such

22  refund, be charged therewith. There are appropriated from the

23  proper respective funds from time to time such sums as may be

24  necessary for such refunds.

25         (2)  Application for refunds as provided by this

26  section must be filed with the Chief Financial Officer

27  Comptroller, except as otherwise provided in this subsection,

28  within 3 years after the right to the refund has accrued or

29  else the right is barred. Except as provided in chapter 198

30  and s. 220.23, an application for a refund of a tax enumerated

31  in s. 72.011, which tax was paid after September 30, 1994, and


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  1  before July 1, 1999, must be filed with the Chief Financial

  2  Officer Comptroller within 5 years after the date the tax is

  3  paid, and within 3 years after the date the tax was paid for

  4  taxes paid on or after July 1, 1999. The Chief Financial

  5  Officer Comptroller may delegate the authority to accept an

  6  application for refund to any state agency, or the judicial

  7  branch, vested by law with the responsibility for the

  8  collection of any tax, license, or account due. The

  9  application for refund must be on a form approved by the Chief

10  Financial Officer Comptroller and must be supplemented with

11  additional proof the Chief Financial Officer Comptroller deems

12  necessary to establish the claim; provided, the claim is not

13  otherwise barred under the laws of this state. Upon receipt of

14  an application for refund, the judicial branch or the state

15  agency to which the funds were paid shall make a determination

16  of the amount due. If an application for refund is denied, in

17  whole or in part, the judicial branch or such state agency

18  shall notify the applicant stating the reasons therefor. Upon

19  approval of an application for refund, the judicial branch or

20  such state agency shall furnish the Chief Financial Officer

21  Comptroller with a properly executed voucher authorizing

22  payment.

23         (5)  When a taxpayer has pursued administrative

24  remedies before the Department of Revenue pursuant to s.

25  213.21 and has failed to comply with the time limitations and

26  conditions provided in ss. 72.011 and 120.80(14)(b), a claim

27  of refund under subsection (1) shall be denied by the Chief

28  Financial Officer Comptroller. However, the Chief Financial

29  Officer Comptroller may entertain a claim for refund under

30  this subsection when the taxpayer demonstrates that his or her

31  failure to pursue remedies under chapter 72 was not due to


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  1  neglect or for the purpose of delaying payment of lawfully

  2  imposed taxes and can demonstrate reasonable cause for such

  3  failure.

  4         Section 211.  Section 215.29, Florida Statutes, is

  5  amended to read:

  6         215.29  Classification of Chief Financial Officer's

  7  Comptroller's warrants; report.--All disbursements made by the

  8  state upon Chief Financial Officer's Comptroller's warrants

  9  shall be classified according to officers, offices, bureaus,

10  divisions, boards, commissions, institutions, other agencies

11  and undertakings, or the judicial branch, and shall be further

12  classified according to personal services, contractual

13  services, commodities, current charges, current obligations,

14  capital outlays, debt payments, or investments or such

15  additional classifications as may be prescribed or authorized

16  by law.  Such detail classifications shall be printed in the

17  Chief Financial Officer's Comptroller's annual reports.

18         Section 212.  Section 215.31, Florida Statutes, is

19  amended to read:

20         215.31  State funds; deposit in State

21  Treasury.--Revenue, including licenses, fees, imposts, or

22  exactions collected or received under the authority of the

23  laws of the state by each and every state official, office,

24  employee, bureau, division, board, commission, institution,

25  agency, or undertaking of the state or the judicial branch

26  shall be promptly deposited in the State Treasury, and

27  immediately credited to the appropriate fund as herein

28  provided, properly accounted for by the Department of

29  Financial Services Banking and Finance as to source and no

30  money shall be paid from the State Treasury except as

31


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  1  appropriated and provided by the annual General Appropriations

  2  Act, or as otherwise provided by law.

  3         Section 213.  Section 215.32, Florida Statutes, as

  4  amended by section 1 of chapter 2001-375, Laws of Florida, is

  5  amended to read:

  6         215.32  State funds; segregation.--

  7         (1)  All moneys received by the state shall be

  8  deposited in the State Treasury unless specifically provided

  9  otherwise by law and shall be deposited in and accounted for

10  by the Chief Financial Officer Treasurer and the Department of

11  Financial Services Banking and Finance within the following

12  funds, which funds are hereby created and established:

13         (a)  General Revenue Fund.

14         (b)  Trust funds.

15         (c)  Working Capital Fund.

16         (d)  Budget Stabilization Fund.

17         (2)  The source and use of each of these funds shall be

18  as follows:

19         (a)  The General Revenue Fund shall consist of all

20  moneys received by the state from every source whatsoever,

21  except as provided in paragraphs (b) and (c).  Such moneys

22  shall be expended pursuant to General Revenue Fund

23  appropriations acts or transferred as provided in paragraph

24  (c).  Annually, at least 5 percent of the estimated increase

25  in General Revenue Fund receipts for the upcoming fiscal year

26  over the current year General Revenue Fund effective

27  appropriations shall be appropriated for state-level capital

28  outlay, including infrastructure improvement and general

29  renovation, maintenance, and repairs.

30         (b)1.  The trust funds shall consist of moneys received

31  by the state which under law or under trust agreement are


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  1  segregated for a purpose authorized by law.  The state agency

  2  or branch of state government receiving or collecting such

  3  moneys shall be responsible for their proper expenditure as

  4  provided by law.  Upon the request of the state agency or

  5  branch of state government responsible for the administration

  6  of the trust fund, the Chief Financial Officer Comptroller may

  7  establish accounts within the trust fund at a level considered

  8  necessary for proper accountability. Once an account is

  9  established within a trust fund, the Chief Financial Officer

10  Comptroller may authorize payment from that account only upon

11  determining that there is sufficient cash and releases at the

12  level of the account.

13         2.  In order to maintain a minimum number of trust

14  funds in the State Treasury, each state agency or the judicial

15  branch may consolidate, if permitted under the terms and

16  conditions of their receipt, the trust funds administered by

17  it; provided, however, the agency or judicial branch employs

18  effectively a uniform system of accounts sufficient to

19  preserve the integrity of such trust funds; and provided,

20  further, that consolidation of trust funds is approved by the

21  Governor or the Chief Justice.

22         3.  All such moneys are hereby appropriated to be

23  expended in accordance with the law or trust agreement under

24  which they were received, subject always to the provisions of

25  chapter 216 relating to the appropriation of funds and to the

26  applicable laws relating to the deposit or expenditure of

27  moneys in the State Treasury.

28         4.a.  Notwithstanding any provision of law restricting

29  the use of trust funds to specific purposes, unappropriated

30  cash balances from selected trust funds may be authorized by

31


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  1  the Legislature for transfer to the Budget Stabilization Fund

  2  and Working Capital Fund in the General Appropriations Act.

  3         b.  This subparagraph does not apply to trust funds

  4  required by federal programs or mandates; trust funds

  5  established for bond covenants, indentures, or resolutions

  6  whose revenues are legally pledged by the state or public body

  7  to meet debt service or other financial requirements of any

  8  debt obligations of the state or any public body; the State

  9  Transportation Trust Fund; the trust fund containing the net

10  annual proceeds from the Florida Education Lotteries; the

11  Florida Retirement System Trust Fund; trust funds under the

12  management of the Board of Regents, where such trust funds are

13  for auxiliary enterprises, self-insurance, and contracts,

14  grants, and donations, as those terms are defined by general

15  law; trust funds that serve as clearing funds or accounts for

16  the Chief Financial Officer Comptroller or state agencies;

17  trust funds that account for assets held by the state in a

18  trustee capacity as an agent or fiduciary for individuals,

19  private organizations, or other governmental units; and other

20  trust funds authorized by the State Constitution.

21         (c)1.  The Budget Stabilization Fund shall consist of

22  amounts equal to at least 5 percent of net revenue collections

23  for the General Revenue Fund during the last completed fiscal

24  year. The Budget Stabilization Fund's principal balance shall

25  not exceed an amount equal to 10 percent of the last completed

26  fiscal year's net revenue collections for the General Revenue

27  Fund. As used in this paragraph, the term "last completed

28  fiscal year" means the most recently completed fiscal year

29  prior to the regular legislative session at which the

30  Legislature considers the General Appropriations Act for the

31


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  1  year in which the transfer to the Budget Stabilization Fund

  2  must be made under this paragraph.

  3         2.  By September 15 of each year, the Governor shall

  4  authorize the Chief Financial Officer Comptroller to transfer,

  5  and the Chief Financial Officer Comptroller shall transfer

  6  pursuant to appropriations made by law, to the Budget

  7  Stabilization Fund the amount of money needed for the balance

  8  of that fund to equal the amount specified in subparagraph 1.,

  9  less any amounts expended and not restored. The moneys needed

10  for this transfer may be appropriated by the Legislature from

11  any funds.

12         3.  Unless otherwise provided in this subparagraph, an

13  expenditure from the Budget Stabilization Fund must be

14  restored pursuant to a restoration schedule that provides for

15  making five equal annual transfers from the General Revenue

16  Fund, beginning in the fiscal year following that in which the

17  expenditure was made. For any Budget Stabilization Fund

18  expenditure, the Legislature may establish by law a different

19  restoration schedule and such change may be made at any time

20  during the restoration period. Moneys are hereby appropriated

21  for transfers pursuant to this subparagraph.

22         4.  The Budget Stabilization Fund and the Working

23  Capital Fund may be used as revolving funds for transfers as

24  provided in s. 18.125; however, any interest earned must be

25  deposited in the General Revenue Fund.

26         5.  The Chief Financial Officer Comptroller and the

27  Department of Management Services shall transfer funds to

28  water management districts to pay eligible water management

29  district employees for all benefits due under s. 373.6065, as

30  long as funds remain available for the program described under

31  s. 100.152.


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  1         (d)  The Working Capital Fund shall consist of moneys

  2  in the General Revenue Fund which are in excess of the amount

  3  needed to meet General Revenue Fund appropriations for the

  4  current fiscal year. Each year, no later than the publishing

  5  date of the annual financial statements for the state by the

  6  Chief Financial Officer Comptroller under s. 216.102, funds

  7  shall be transferred between the Working Capital Fund and the

  8  General Revenue Fund to establish the balance of the Working

  9  Capital Fund for that fiscal year at the amount determined

10  pursuant to this paragraph.

11         Section 214.  Subsections (2) and (3) of section

12  215.3206, Florida Statutes, are amended to read:

13         215.3206  Trust funds; termination or re-creation.--

14         (2)  If the trust fund is terminated and not

15  immediately re-created, all cash balances and income of the

16  trust fund shall be deposited into the General Revenue Fund.

17  The agency or Chief Justice shall pay any outstanding debts of

18  the trust fund as soon as practicable, and the Chief Financial

19  Officer Comptroller shall close out and remove the trust fund

20  from the various state accounting systems, using generally

21  accepted accounting practices concerning warrants outstanding,

22  assets, and liabilities.  No appropriation or budget amendment

23  shall be construed to authorize any encumbrance of funds from

24  a trust fund after the date on which the trust fund is

25  terminated or is judicially determined to be invalid.

26         (3)  On or before September 1 of each year, the Chief

27  Financial Officer Comptroller shall submit to the Executive

28  Office of the Governor, the President of the Senate, and the

29  Speaker of the House of Representatives a list of trust funds

30  that are scheduled to terminate within 12 months after that

31  date and also, beginning September 1, 1996, a list of all


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  1  trust funds that are exempt from automatic termination

  2  pursuant to the provisions of s. 19(f)(3), Art. III of the

  3  State Constitution, listing revenues of the trust funds by

  4  major revenue category for each of the last 4 fiscal years.

  5         Section 215.  Paragraph (a) of subsection (2) of

  6  section 215.3208, Florida Statutes, is amended to read:

  7         215.3208  Trust funds; legislative review.--

  8         (2)(a)  When the Legislature terminates a trust fund,

  9  the agency or branch of state government that administers the

10  trust fund shall pay any outstanding debts or obligations of

11  the trust fund as soon as practicable, and the Chief Financial

12  Officer Comptroller shall close out and remove the trust fund

13  from the various state accounting systems, using generally

14  accepted accounting principles concerning assets, liabilities,

15  and warrants outstanding.

16         Section 216.  Section 215.321, Florida Statutes, is

17  amended to read:

18         215.321  Regulatory trust fund.--All funds received

19  pursuant to ss. 494.001-494.0077, chapter 497, chapter 516,

20  chapter 520, or part I of chapter 559 shall be deposited into

21  the Banking and Finance Regulatory Trust Fund.

22         Section 217.  Subsections (2), (3), and (4) of section

23  215.322, Florida Statutes, are amended to read:

24         215.322  Acceptance of credit cards, charge cards, or

25  debit cards by state agencies, units of local government, and

26  the judicial branch.--

27         (2)  A state agency as defined in s. 216.011, or the

28  judicial branch, may accept credit cards, charge cards, or

29  debit cards in payment for goods and services with the prior

30  approval of the Chief Financial Officer Treasurer. When the

31  Internet or other related electronic methods are to be used as


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  1  the collection medium, the State Technology Office shall

  2  review and recommend to the Chief Financial Officer Treasurer

  3  whether to approve the request with regard to the process or

  4  procedure to be used.

  5         (3)  The Chief Financial Officer Treasurer shall adopt

  6  rules governing the establishment and acceptance of credit

  7  cards, charge cards, or debit cards by state agencies or the

  8  judicial branch, including, but not limited to, the following:

  9         (a)  Utilization of a standardized contract between the

10  financial institution or other appropriate intermediaries and

11  the agency or judicial branch which shall be developed by the

12  Chief Financial Officer Treasurer or approval by the Chief

13  Financial Officer Treasurer of a substitute agreement.

14         (b)  Procedures which permit an agency or officer

15  accepting payment by credit card, charge card, or debit card

16  to impose a convenience fee upon the person making the

17  payment. However, the total amount of such convenience fees

18  shall not exceed the total cost to the state agency. A

19  convenience fee is not refundable to the payor.

20  Notwithstanding the foregoing, this section shall not be

21  construed to permit surcharges on any other credit card

22  purchase in violation of s. 501.0117.

23         (c)  All service fees payable pursuant to this section

24  when practicable shall be invoiced and paid by state warrant

25  or such other manner that is satisfactory to the Chief

26  Financial Officer Comptroller in accordance with the time

27  periods specified in s. 215.422.

28         (d)  Submission of information to the Chief Financial

29  Officer Treasurer concerning the acceptance of credit cards,

30  charge cards, or debit cards by all state agencies or the

31  judicial branch.


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  1         (e)  A methodology for agencies to use when completing

  2  the cost-benefit analysis referred to in subsection (1). The

  3  methodology must consider all quantifiable cost reductions,

  4  other benefits to the agency, and potential impact on general

  5  revenue. The methodology must also consider nonquantifiable

  6  benefits such as the convenience to individuals and businesses

  7  that would benefit from the ability to pay for state goods and

  8  services through the use of credit cards, charge cards, and

  9  debit cards.

10         (4)  The Chief Financial Officer may Treasurer is

11  authorized to establish contracts with one or more financial

12  institutions, credit card companies, or other entities which

13  may lawfully provide such services, in a manner consistent

14  with chapter 287, for processing credit card, charge card, or

15  debit card collections for deposit into the State Treasury or

16  another qualified public depository.  Any state agency, or the

17  judicial branch, which accepts payment by credit card, charge

18  card, or debit card shall use at least one of the contractors

19  established by the Chief Financial Officer Treasurer unless

20  the state agency or judicial branch obtains authorization from

21  the Chief Financial Officer Treasurer to use another

22  contractor which is more advantageous to such state agency or

23  the judicial branch.  Such contracts may authorize a unit of

24  local government to use the services upon the same terms and

25  conditions for deposit of credit card, charge card, or debit

26  card transactions into its qualified public depositories.

27         Section 218.  Subsections (1) and (2) of section

28  215.34, Florida Statutes, are amended to read:

29         215.34  State funds; noncollectible items; procedure.--

30         (1)  Any check, draft, or other order for the payment

31  of money in payment of any licenses, fees, taxes, commissions,


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  1  or charges of any sort authorized to be made under the laws of

  2  the state and deposited in the State Treasury as provided

  3  herein, which may be returned for any reason by the bank or

  4  other payor upon which same shall have been drawn shall be

  5  forthwith returned by the Chief Financial Officer State

  6  Treasurer for collection to the state officer, the state

  7  agency, or the entity of the judicial branch making the

  8  deposit. In such case, the Chief Financial Officer may

  9  Treasurer is hereby authorized to issue a debit memorandum

10  charging an account of the agency, officer, or entity of the

11  judicial branch which originally received the payment.  The

12  original of the debit memorandum shall state the reason for

13  the return of the check, draft, or other order and shall

14  accompany the item being returned to the officer, agency, or

15  entity of the judicial branch being charged, and a copy of the

16  debit memorandum shall be sent to the Comptroller. The

17  officer, agency, or entity of the judicial branch receiving

18  the charged-back item shall prepare a journal transfer which

19  shall debit the charge against the fund or account to which

20  the same shall have been originally credited.  Such procedure

21  for handling noncollectible items shall not be construed as

22  paying funds out of the State Treasury without an

23  appropriation, but shall be considered as an administrative

24  procedure for the efficient handling of state records and

25  accounts.

26         (2)  Whenever a check, draft, or other order for the

27  payment of money is returned by the Chief Financial Officer

28  State Treasurer, or by a qualified public depository as

29  defined in s. 280.02, to a state officer, a state agency, or

30  the judicial branch for collection, the officer, agency, or

31  judicial branch shall add to the amount due a service fee of


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  1  $15 or 5 percent of the face amount of the check, draft, or

  2  order, whichever is greater.  An agency or the judicial branch

  3  may adopt a rule which prescribes a lesser maximum service

  4  fee, which shall be added to the amount due for the dishonored

  5  check, draft, or other order tendered for a particular

  6  service, license, tax, fee, or other charge, but in no event

  7  shall the fee be less than $15. The service fee shall be in

  8  addition to all other penalties imposed by law, except that

  9  when other charges or penalties are imposed by an agency

10  related to a noncollectible item, the amount of the service

11  fee shall not exceed $150. Proceeds from this fee shall be

12  deposited in the same fund as the collected item. Nothing in

13  this section shall be construed as authorization to deposit

14  moneys outside the State Treasury unless specifically

15  authorized by law.

16         Section 219.  Section 215.35, Florida Statutes, is

17  amended to read:

18         215.35  State funds; warrants and their issuance.--All

19  warrants issued by the Chief Financial Officer Comptroller

20  shall be numbered in chronological order commencing with

21  number one in each fiscal year and each warrant shall refer to

22  the Chief Financial Officer's Comptroller's voucher by the

23  number thereof, which voucher shall also be numbered as above

24  set forth.  Each warrant shall state the name of the payee

25  thereof and the amount allowed, and said warrant shall be

26  stated in words at length.  No warrant shall issue until same

27  has been authorized by an appropriation made by law but such

28  warrant need not state or set forth such authorization.  The

29  Chief Financial Officer Comptroller shall register and

30  maintain a record of each warrant in his or her office.  The

31  record shall show the funds, accounts, purposes, and


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  1  departments involved in the issuance of each warrant.  In

  2  those instances where the expenditure of funds of regulatory

  3  boards or commissions has been provided for by laws other than

  4  the annual appropriations bill, warrants shall be issued upon

  5  requisition to the Chief Financial Officer State Comptroller

  6  by the governing body of such board or commission.

  7         Section 220.  Section 215.405, Florida Statutes, is

  8  amended to read:

  9         215.405  State agencies and the judicial branch

10  authorized to collect costs of fingerprinting.--Any state

11  agency, or the judicial branch, exercising regulatory

12  authority and authorized to take fingerprints of persons

13  within or seeking to come within such agency's or the judicial

14  branch's regulatory power may collect from the person or

15  entity on whose behalf the fingerprints were submitted the

16  actual costs of processing such fingerprints including, but

17  not limited to, any charges imposed by the Department of Law

18  Enforcement or any agency or branch of the United States

19  Government.  This provision shall constitute express authority

20  for state agencies and the judicial branch to collect the

21  actual costs of processing the fingerprints either prior to or

22  subsequent to the actual processing and shall supersede any

23  other law to the contrary.  To administer the provisions of

24  this section, a state agency, or the judicial branch, electing

25  to collect the cost of fingerprinting is empowered to

26  promulgate and adopt rules to establish the amounts and the

27  methods of payment needed to collect such costs.  Collections

28  made under these provisions shall be deposited with the Chief

29  Financial Officer Treasurer to an appropriate trust fund

30  account to be designated by the Executive Office of the

31  Governor.


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  1         Section 221.  Section 215.42, Florida Statutes, is

  2  amended to read:

  3         215.42  Purchases from appropriations, proof of

  4  delivery.--The Chief Financial Officer State Comptroller may

  5  require proof, as he or she deems necessary, of delivery and

  6  receipt of purchases before honoring any voucher for payment

  7  from appropriations made in the General Appropriations Act or

  8  otherwise provided by law.

  9         Section 222.  Section 215.422, Florida Statutes, is

10  amended to read:

11         215.422  Warrants, vouchers, and invoices; processing

12  time limits; dispute resolution; agency or judicial branch

13  compliance.--

14         (1)  The voucher authorizing payment of an invoice

15  submitted to an agency of the state or the judicial branch,

16  required by law to be filed with the Chief Financial Officer

17  Comptroller, shall be filed with the Chief Financial Officer

18  Comptroller not later than 20 days after receipt of the

19  invoice and receipt, inspection, and approval of the goods or

20  services, except that in the case of a bona fide dispute the

21  voucher shall contain a statement of the dispute and authorize

22  payment only in the amount not disputed.  The Chief Financial

23  Officer Comptroller may establish dollar thresholds and other

24  criteria for all invoices and may delegate to a state agency

25  or the judicial branch responsibility for maintaining the

26  official vouchers and documents for invoices which do not

27  exceed the thresholds or which meet the established criteria.

28  Such records shall be maintained in accordance with the

29  requirements established by the Secretary of State.  The

30  electronic payment request transmission to the Chief Financial

31  Officer Comptroller shall constitute filing of a voucher for


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  1  payment of invoices for which the Chief Financial Officer

  2  Comptroller has delegated to an agency custody of official

  3  records. Approval and inspection of goods or services shall

  4  take no longer than 5 working days unless the bid

  5  specifications, purchase order, or contract specifies

  6  otherwise.  If a voucher filed within the 20-day period is

  7  returned by the Department of Financial Services Banking and

  8  Finance because of an error, it shall nevertheless be deemed

  9  timely filed.  The 20-day filing requirement may be waived in

10  whole or in part by the Department of Financial Services

11  Banking and Finance on a showing of exceptional circumstances

12  in accordance with rules and regulations of the department.

13  For the purposes of determining the receipt of invoice date,

14  the agency or the judicial branch is deemed to receive an

15  invoice on the date on which a proper invoice is first

16  received at the place designated by the agency or the judicial

17  branch.  The agency or the judicial branch is deemed to

18  receive an invoice on the date of the invoice if the agency or

19  the judicial branch has failed to annotate the invoice with

20  the date of receipt at the time the agency or the judicial

21  branch actually received the invoice or failed at the time the

22  order is placed or contract made to designate a specific

23  location to which the invoice must be delivered.

24         (2)  The warrant in payment of an invoice submitted to

25  an agency of the state or the judicial branch shall be issued

26  not later than 10 days after filing of the voucher authorizing

27  payment. However, this requirement may be waived in whole or

28  in part by the Department of Financial Services Banking and

29  Finance on a showing of exceptional circumstances in

30  accordance with rules and regulations of the department.  If

31  the 10-day period contains fewer than 6 working days, the


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  1  Department of Financial Services Banking and Finance shall be

  2  deemed in compliance with this subsection if the warrant is

  3  issued within 6 working days without regard to the actual

  4  number of calendar days. For purposes of this section, a

  5  payment is deemed to be issued on the first working day that

  6  payment is available for delivery or mailing to the vendor.

  7         (3)(a)  Each agency of the state or the judicial branch

  8  which is required by law to file vouchers with the Chief

  9  Financial Officer Comptroller shall keep a record of the date

10  of receipt of the invoice; dates of receipt, inspection, and

11  approval of the goods or services; date of filing of the

12  voucher; and date of issuance of the warrant in payment

13  thereof. If the voucher is not filed or the warrant is not

14  issued within the time required, an explanation in writing by

15  the agency head or the Chief Justice shall be submitted to the

16  Department of Financial Services Banking and Finance in a

17  manner prescribed by it. Agencies and the judicial branch

18  shall continue to deliver or mail state payments promptly.

19         (b)  If a warrant in payment of an invoice is not

20  issued within 40 days after receipt of the invoice and

21  receipt, inspection, and approval of the goods and services,

22  the agency or judicial branch shall pay to the vendor, in

23  addition to the amount of the invoice, interest at a rate as

24  established pursuant to s. 55.03(1) on the unpaid balance from

25  the expiration of such 40-day period until such time as the

26  warrant is issued to the vendor. Such interest shall be added

27  to the invoice at the time of submission to the Chief

28  Financial Officer Comptroller for payment whenever possible.

29  If addition of the interest penalty is not possible, the

30  agency or judicial branch shall pay the interest penalty

31  payment within 15 days after issuing the warrant. The


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  1  provisions of this paragraph apply only to undisputed amounts

  2  for which payment has been authorized. Disputes shall be

  3  resolved in accordance with rules developed and adopted by the

  4  Chief Justice for the judicial branch, and rules adopted by

  5  the Department of Financial Services Banking and Finance or in

  6  a formal administrative proceeding before an administrative

  7  law judge of the Division of Administrative Hearings for state

  8  agencies, provided that, for the purposes of ss. 120.569 and

  9  120.57(1), no party to a dispute involving less than $1,000 in

10  interest penalties shall be deemed to be substantially

11  affected by the dispute or to have a substantial interest in

12  the decision resolving the dispute. In the case of an error on

13  the part of the vendor, the 40-day period shall begin to run

14  upon receipt by the agency or the judicial branch of a

15  corrected invoice or other remedy of the error. The provisions

16  of this paragraph do not apply when the filing requirement

17  under subsection (1) or subsection (2) has been waived in

18  whole by the Department of Financial Services Banking and

19  Finance. The various state agencies and the judicial branch

20  shall be responsible for initiating the penalty payments

21  required by this subsection and shall use this subsection as

22  authority to make such payments. The budget request submitted

23  to the Legislature shall specifically disclose the amount of

24  any interest paid by any agency or the judicial branch

25  pursuant to this subsection. The temporary unavailability of

26  funds to make a timely payment due for goods or services does

27  not relieve an agency or the judicial branch from the

28  obligation to pay interest penalties under this section.

29         (c)  An agency or the judicial branch may make partial

30  payments to a contractor upon partial delivery of goods or

31  services or upon partial completion of construction when a


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  1  request for such partial payment is made by the contractor and

  2  approved by the agency. Provisions of this section and rules

  3  of the Department of Financial Services Banking and Finance

  4  shall apply to partial payments in the same manner as they

  5  apply to full payments.

  6         (4)  If the terms of the invoice provide a discount for

  7  payment in less than 30 days, agencies of the state and the

  8  judicial branch shall preferentially process it and use all

  9  diligence to obtain the saving by compliance with the invoice

10  terms.

11         (5)  All purchasing agreements between a state agency

12  or the judicial branch and a vendor, applicable to this

13  section, shall include a statement of the vendor's rights and

14  the state's responsibilities under this section.  The vendor's

15  rights shall include being provided with the telephone number

16  of the vendor ombudsman within the Department of Financial

17  Services Banking and Finance, which information shall also be

18  placed on all agency or judicial branch purchase orders.

19         (6)  The Department of Financial Services Banking and

20  Finance shall monitor each agency's and the judicial branch's

21  compliance with the time limits and interest penalty

22  provisions of this section.  The department shall provide a

23  report to an agency or to the judicial branch if the

24  department determines that the agency or the judicial branch

25  has failed to maintain an acceptable rate of compliance with

26  the time limits and interest penalty provisions of this

27  section.  The department shall establish criteria for

28  determining acceptable rates of compliance. The report shall

29  also include a list of late vouchers or payments, the amount

30  of interest owed or paid, and any corrective actions

31  recommended.  The department shall perform monitoring


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  1  responsibilities, pursuant to this section, using the

  2  Management Services and Purchasing Subsystem or the Florida

  3  Accounting Information Resource Subsystem provided in s.

  4  215.94.  Each agency and the judicial branch shall be

  5  responsible for the accuracy of information entered into the

  6  Management Services and Purchasing Subsystem and the Florida

  7  Accounting Information Resource Subsystem for use in this

  8  monitoring.

  9         (7)  There is created a vendor ombudsman within the

10  Department of Financial Services Banking and Finance who shall

11  be responsible for the following functions:

12         (a)  Performing the duties of the department pursuant

13  to subsection (6).

14         (b)  Reviewing requests for waivers due to exceptional

15  circumstances.

16         (c)  Disseminating information relative to the prompt

17  payment policies of this state and assisting vendors in

18  receiving their payments in a timely manner.

19         (d)  Performing such other duties as determined by the

20  department.

21         (8)  The Department of Financial Services Banking and

22  Finance is authorized and directed to adopt and promulgate

23  rules and regulations to implement this section and for

24  resolution of disputes involving amounts of less than $1,000

25  in interest penalties for state agencies.  No agency or the

26  judicial branch shall adopt any rule or policy that is

27  inconsistent with this section or the Department of Financial

28  Services' Banking and Finance's rules or policies.

29         (9)  Each agency and the judicial branch shall include

30  in the official position description of every officer or

31  employee who is responsible for the approval or processing of


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  1  vendors' invoices or distribution of warrants to vendors that

  2  the requirements of this section are mandatory.

  3         (10)  Persistent failure to comply with this section by

  4  any agency of the state or the judicial branch shall

  5  constitute good cause for discharge of employees duly found

  6  responsible, or predominantly responsible, for failure to

  7  comply.

  8         (11)  Travel and other reimbursements to state officers

  9  and employees must be the same as payments to vendors under

10  this section, except payment of Class C travel subsistence.

11  Class C travel subsistence shall be paid in accordance with

12  the schedule established by the Chief Financial Officer

13  Comptroller pursuant to s. 112.061(5)(b). This section does

14  not apply to payments made to state agencies, the judicial

15  branch, or the legislative branch.

16         (12)  In the event that a state agency or the judicial

17  branch contracts with a third party, uses a revolving fund, or

18  pays from a local bank account to process and pay invoices for

19  goods or services, all requirements for financial obligations

20  and time processing set forth in this section shall be

21  applicable and the state agency or the judicial branch shall

22  be responsible for paying vendors the interest assessed for

23  untimely payment. The state agency or the judicial branch may,

24  through its contract with a third party, require the third

25  party to pay interest from the third party's funds.

26         (13)  Notwithstanding the provisions of subsections (3)

27  and (12), in order to alleviate any hardship that may be

28  caused to a health care provider as a result of delay in

29  receiving reimbursement for services, any payment or payments

30  for hospital, medical, or other health care services which are

31  to be reimbursed by a state agency or the judicial branch,


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  1  either directly or indirectly, shall be made to the health

  2  care provider not more than 35 days from the date eligibility

  3  for payment of such claim is determined.  If payment is not

  4  issued to a health care provider within 35 days after the date

  5  eligibility for payment of the claim is determined, the state

  6  agency or the judicial branch shall pay the health care

  7  provider interest at a rate of 1 percent per month calculated

  8  on a calendar day basis on the unpaid balance from the

  9  expiration of such 35-day period until such time as payment is

10  made to the health care provider, unless a waiver in whole has

11  been granted by the Department of Financial Services Banking

12  and Finance pursuant to subsection (1) or subsection (2).

13         (14)  The Chief Financial Officer Comptroller may adopt

14  rules to authorize advance payments for goods and services,

15  including, but not limited to, maintenance agreements and

16  subscriptions.  Such rules shall provide objective criteria

17  for determining when it is in the best interest of the state

18  to make payments in advance and shall also provide for

19  adequate protection to ensure that such goods or services will

20  be provided.

21         (15)  Nothing contained in this section shall be

22  construed to be an appropriation.  Any interest which becomes

23  due and owing pursuant to this section shall only be payable

24  from the appropriation charged for such goods or services.

25         (16)  Notwithstanding the provisions of s. 24.120(3),

26  applicable to warrants issued for payment of invoices

27  submitted by the Department of the Lottery, the Chief

28  Financial Officer Comptroller may, by written agreement with

29  the Department of the Lottery, establish a shorter time

30  requirement than the 10 days provided in subsection (2) for

31  warrants issued for payment.  Pursuant to such written


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  1  agreement, the Department of the Lottery shall reimburse the

  2  Chief Financial Officer Comptroller for costs associated with

  3  processing invoices under the agreement.

  4         Section 223.  Subsection (1) of section 215.44, Florida

  5  Statutes, is amended to read:

  6         215.44  Board of Administration; powers and duties in

  7  relation to investment of trust funds.--

  8         (1)  Except when otherwise specifically provided by the

  9  State Constitution and subject to any limitations of the trust

10  agreement relating to a trust fund, the Board of

11  Administration, hereinafter sometimes referred to as "board,"

12  composed of the Governor as chair, the Chief Financial Officer

13  Treasurer, and the Attorney General Comptroller, shall invest

14  all the funds in the System Trust Fund, as defined in s.

15  121.021(36), and all other funds specifically required by law

16  to be invested by the board pursuant to ss. 215.44-215.53 to

17  the fullest extent that is consistent with the cash

18  requirements, trust agreement, and investment objectives of

19  the fund. Notwithstanding any other law to the contrary, the

20  State Board of Administration may invest any funds of any

21  state agency or any unit of local government pursuant to the

22  terms of a trust agreement with the head of the state agency

23  or the governing body of the unit of local government, which

24  trust agreement shall govern the investment of such funds,

25  provided that the board shall approve the undertaking of such

26  investment before execution of the trust agreement by the

27  State Board of Administration. The funds and the earnings

28  therefrom are exempt from the service charge imposed by s.

29  215.20. As used in this subsection, the term "state agency"

30  has the same meaning as that provided in s. 216.001, and the

31


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  1  terms "governing body" and "unit of local government" have the

  2  same meaning as that provided in s. 218.403.

  3         Section 224.  Section 215.50, Florida Statutes, is

  4  amended to read:

  5         215.50  Custody of securities purchased; income.--

  6         (1)  All securities purchased or held may, with the

  7  approval of the board, be in the custody of the Chief

  8  Financial Officer Treasurer or the Chief Financial Officer

  9  Treasurer as treasurer ex officio of the board, or be

10  deposited with a bank or trust company to be held in

11  safekeeping by such bank or trust company for the collection

12  of principal and interest or of the proceeds of the sale

13  thereof.

14         (2)  It shall be the duty of the board or of the Chief

15  Financial Officer Treasurer, as custodian of the securities of

16  the board, to collect the interest or other income on, and the

17  principal of, such securities in their custody as the sums

18  become due and payable and to pay the same, when so collected,

19  into the investment account of the fund to which the

20  investments belong.

21         (3)  The Chief Financial Officer Treasurer, as

22  custodian of securities owned by the Florida Retirement System

23  Trust Fund and the Florida Survivor Benefit Trust Fund, shall

24  collect the interest, dividends, prepayments, maturities,

25  proceeds from sales, and other income accruing from such

26  assets.  As such income is collected by the Chief Financial

27  Officer Treasurer, it shall be deposited directly into a

28  commercial bank to the credit of the State Board of

29  Administration.  Such bank accounts as may be required for

30  this purpose shall offer satisfactory collateral security as

31  provided by chapter 280.  In the event funds so deposited


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  1  according to the provisions of this section are required for

  2  the purpose of paying benefits or other operational needs, the

  3  State Board of Administration shall remit to the Florida

  4  Retirement System Trust Fund in the State Treasury such

  5  amounts as may be requested by the Department of Management

  6  Services.

  7         (4)  Securities that the board selects to use for

  8  options operations under s. 215.45 or for lending under s.

  9  215.47(16) shall be registered by the Chief Financial Officer

10  Treasurer in the name of a third-party nominee in order to

11  facilitate such operations.

12         Section 225.  Section 215.551, Florida Statutes, is

13  amended to read:

14         215.551  Federal Use of State Lands Trust Fund; county

15  distribution.--

16         (1)  The Chief Financial Officer Comptroller may make

17  distribution of the Federal Use of State Lands Trust Fund,

18  when so requested by the counties in interest, of such amounts

19  as may be accumulated in that fund.

20         (2)  The Chief Financial Officer Comptroller shall

21  ascertain, from the records of the General Land Office or

22  other departments in Washington, D.C., the number of acres of

23  land situated in the several counties in which the

24  Apalachicola, Choctawhatchee, Ocala, and Osceola Forest

25  Reserves are located, the number of acres of land of such

26  forest reserve embraced in each of the counties in each of the

27  reserves, and, also, the amount of money received by the

28  United States Government from each of the reserves,

29  respectively.  The Chief Financial Officer Comptroller shall

30  apportion the money on hand to each county in each reserve,

31  respectively and separately; such distribution shall be based


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  1  upon the number of acres of land embraced in the Apalachicola

  2  Forest, Choctawhatchee Forest, Ocala Forest, and Osceola

  3  Forest, respectively, in each county and shall be further

  4  based upon the amount collected by the United States from each

  5  of such forests, so that such distribution, when made, will

  6  include for each county the amount due each county, based upon

  7  the receipts for the particular forest and the acreage in the

  8  particular county in which such forest is located.  The Chief

  9  Financial Officer Comptroller shall issue two warrants on the

10  Treasurer in each case, the sum of which shall be the amount

11  due each of such counties from the fund.  One warrant shall be

12  payable to the county for the county general road fund, and

13  one warrant, of equal amount, shall be payable to such

14  county's district school board for the district school fund.

15         (3)  In the event that actual figures of receipts from

16  different reserves cannot be obtained by counties, so as to

17  fully comply with subsections (1) and (2), the Chief Financial

18  Officer Comptroller may adjust the matter according to the

19  United States statutes, or as may appear to him or her to be

20  just and fair, and with the approval of all counties in

21  interest.

22         (4)  The moneys that may be received and credited to

23  the Federal Use of State Lands Trust Fund are appropriated for

24  the payment of the warrants of the Chief Financial Officer

25  Comptroller drawn on the Treasurer in pursuance of this

26  section.

27         Section 226.  Section 215.552, Florida Statutes, is

28  amended to read:

29         215.552  Federal Use of State Lands Trust Fund; land

30  within military installations; county distribution.--The Chief

31  Financial Officer Comptroller shall distribute moneys from the


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  1  Federal Use of State Lands Trust Fund when so requested by the

  2  counties so affected.  The Chief Financial Officer Comptroller

  3  shall apportion the money on hand equal to the percentage of

  4  land in each county within each military installation, and the

  5  amount so apportioned to each county shall be applied by such

  6  counties equally divided between the district school fund and

  7  the general road fund of such counties.

  8         Section 227.  Paragraph (c) of subsection (2),

  9  paragraph (d) of subsection (4), and paragraphs (a), (b), and

10  (c) of subsection (6) of section 215.555, Florida Statutes,

11  are amended to read:

12         215.555  Florida Hurricane Catastrophe Fund.--

13         (2)  DEFINITIONS.--As used in this section:

14         (c)  "Covered policy" means any insurance policy

15  covering residential property in this state, including, but

16  not limited to, any homeowner's, mobile home owner's, farm

17  owner's, condominium association, condominium unit owner's,

18  tenant's, or apartment building policy, or any other policy

19  covering a residential structure or its contents issued by any

20  authorized insurer, including any joint underwriting

21  association or similar entity created pursuant to law.

22  Additionally, covered policies include policies covering the

23  peril of wind removed from the Florida Residential Property

24  and Casualty Joint Underwriting Association, created pursuant

25  to s. 627.351(6), or from the Florida Windstorm Underwriting

26  Association, created pursuant to s. 627.351(2), by an

27  authorized insurer under the terms and conditions of an

28  executed assumption agreement between the authorized insurer

29  and either such association. Each assumption agreement between

30  either association and such authorized insurer must be

31  approved by the Florida Department of Financial Services


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  1  Insurance prior to the effective date of the assumption, and

  2  the Department of Financial Services Insurance must provide

  3  written notification to the board within 15 working days after

  4  such approval. "Covered policy" does not include any policy

  5  that excludes wind coverage or hurricane coverage or any

  6  reinsurance agreement and does not include any policy

  7  otherwise meeting this definition which is issued by a surplus

  8  lines insurer or a reinsurer.

  9         (4)  REIMBURSEMENT CONTRACTS.--

10         (d)1.  For purposes of determining potential liability

11  and to aid in the sound administration of the fund, the

12  contract shall require each insurer to report such insurer's

13  losses from each covered event on an interim basis, as

14  directed by the board.  The contract shall require the insurer

15  to report to the board no later than December 31 of each year,

16  and quarterly thereafter, its reimbursable losses from covered

17  events for the year. The contract shall require the board to

18  determine and pay, as soon as practicable after receiving

19  these reports of reimbursable losses, the initial amount of

20  reimbursement due and adjustments to this amount based on

21  later loss information. The adjustments to reimbursement

22  amounts shall require the board to pay, or the insurer to

23  return, amounts reflecting the most recent calculation of

24  losses.

25         2.  In determining reimbursements pursuant to this

26  subsection, the contract shall provide that the board shall:

27         a.  First reimburse insurers writing covered policies,

28  which insurers are in full compliance with this section and

29  have petitioned the Department of Financial Services Insurance

30  and qualified as limited apportionment companies under s.

31  627.351(2)(b)3.  The amount of such reimbursement shall be the


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  1  lesser of $10 million or an amount equal to 10 times the

  2  insurer's reimbursement premium for the current year.  The

  3  amount of reimbursement paid under this sub-subparagraph may

  4  not exceed the full amount of reimbursement promised in the

  5  reimbursement contract. This sub-subparagraph does not apply

  6  with respect to any contract year in which the year-end

  7  projected cash balance of the fund, exclusive of any bonding

  8  capacity of the fund, exceeds $2 billion. Only one member of

  9  any insurer group may receive reimbursement under this

10  sub-subparagraph.

11         b.  Next pay to each insurer such insurer's projected

12  payout, which is the amount of reimbursement it is owed, up to

13  an amount equal to the insurer's share of the actual premium

14  paid for that contract year, multiplied by the actual

15  claims-paying capacity available for that contract year;

16  provided, entities created pursuant to s. 627.351 shall be

17  further reimbursed in accordance with sub-subparagraph c.

18         c.  Thereafter, establish, based on reimbursable

19  losses, the prorated reimbursement level at the highest level

20  for which any remaining fund balance or bond proceeds are

21  sufficient to reimburse entities created pursuant to s.

22  627.351 for losses exceeding the amounts payable pursuant to

23  sub-subparagraph b. for the current contract year.

24         (6)  REVENUE BONDS.--

25         (a)  General provisions.--

26         1.  Upon the occurrence of a hurricane and a

27  determination that the moneys in the fund are or will be

28  insufficient to pay reimbursement at the levels promised in

29  the reimbursement contracts, the board may take the necessary

30  steps under paragraph (b) or paragraph (c) for the issuance of

31  revenue bonds for the benefit of the fund.  The proceeds of


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  1  such revenue bonds may be used to make reimbursement payments

  2  under reimbursement contracts; to refinance or replace

  3  previously existing borrowings or financial arrangements; to

  4  pay interest on bonds; to fund reserves for the bonds; to pay

  5  expenses incident to the issuance or sale of any bond issued

  6  under this section, including costs of validating, printing,

  7  and delivering the bonds, costs of printing the official

  8  statement, costs of publishing notices of sale of the bonds,

  9  and related administrative expenses; or for such other

10  purposes related to the financial obligations of the fund as

11  the board may determine. The term of the bonds may not exceed

12  30 years. The board may pledge or authorize the corporation to

13  pledge all or a portion of all revenues under subsection (5)

14  and under subparagraph 3. to secure such revenue bonds and the

15  board may execute such agreements between the board and the

16  issuer of any revenue bonds and providers of other financing

17  arrangements under paragraph (7)(b) as the board deems

18  necessary to evidence, secure, preserve, and protect such

19  pledge. If reimbursement premiums received under subsection

20  (5) or earnings on such premiums are used to pay debt service

21  on revenue bonds, such premiums and earnings shall be used

22  only after the use of the moneys derived from assessments

23  under subparagraph 3.  The funds, credit, property, or taxing

24  power of the state or political subdivisions of the state

25  shall not be pledged for the payment of such bonds. The board

26  may also enter into agreements under paragraph (b) or

27  paragraph (c) for the purpose of issuing revenue bonds in the

28  absence of a hurricane upon a determination that such action

29  would maximize the ability of the fund to meet future

30  obligations.

31


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  1         2.  The Legislature finds and declares that the

  2  issuance of bonds under this subsection is for the public

  3  purpose of paying the proceeds of the bonds to insurers,

  4  thereby enabling insurers to pay the claims of policyholders

  5  to assure that policyholders are able to pay the cost of

  6  construction, reconstruction, repair, restoration, and other

  7  costs associated with damage to property of policyholders of

  8  covered policies after the occurrence of a hurricane. Revenue

  9  bonds may not be issued under this subsection until validated

10  under chapter 75. The validation of at least the first

11  obligations incurred pursuant to this subsection shall be

12  appealed to the Supreme Court, to be handled on an expedited

13  basis.

14         3.  If the board determines that the amount of revenue

15  produced under subsection (5) is insufficient to fund the

16  obligations, costs, and expenses of the fund and the

17  corporation, including repayment of revenue bonds, the board

18  shall direct the Department of Financial Services Insurance to

19  levy an emergency assessment on each insurer writing property

20  and casualty business in this state. Pursuant to the emergency

21  assessment, each such insurer shall pay to the corporation by

22  July 1 of each year an amount set by the board not exceeding 2

23  percent of its gross direct written premium for the prior year

24  from all property and casualty business in this state except

25  for workers' compensation, except that, if the Governor has

26  declared a state of emergency under s. 252.36 due to the

27  occurrence of a covered event, the amount of the assessment

28  for the contract year may be increased to an amount not

29  exceeding 4 percent of such premium. Any assessment authority

30  not used for the contract year may be used for a subsequent

31  contract year. If, for a subsequent contract year, the board


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  1  determines that the amount of revenue produced under

  2  subsection (5) is insufficient to fund the obligations, costs,

  3  and expenses of the fund and the corporation, including

  4  repayment of revenue bonds for that contract year, the board

  5  shall direct the Department of Financial Services Insurance to

  6  levy an emergency assessment up to an amount not exceeding the

  7  amount of unused assessment authority from a previous contract

  8  year or years, plus an additional 2 percent if the Governor

  9  has declared a state of emergency under s. 252.36 due to the

10  occurrence of a covered event. Any assessment authority not

11  used for the contract year may be used for a subsequent

12  contract year. As used in this subsection, the term "property

13  and casualty business" includes all lines of business

14  identified on Form 2, Exhibit of Premiums and Losses, in the

15  annual statement required by s. 624.424 and any rules adopted

16  under such section, except for those lines identified as

17  accident and health insurance. The annual assessments under

18  this subparagraph shall continue as long as the revenue bonds

19  issued with respect to which the assessment was imposed are

20  outstanding, unless adequate provision has been made for the

21  payment of such bonds pursuant to the documents authorizing

22  issuance of the bonds.  An insurer shall not at any time be

23  subject to aggregate annual assessments under this

24  subparagraph of more than 2 percent of premium, except that in

25  the case of a declared emergency, an insurer shall not at any

26  time be subject to aggregate annual assessments under this

27  subparagraph of more than 6 percent of premium; provided, no

28  more than 4 percent may be assessed for any one contract year.

29  Any rate filing or portion of a rate filing reflecting a rate

30  change attributable entirely to the assessment levied under

31  this subparagraph shall be deemed approved when made, subject


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  1  to the authority of the Department of Financial Services

  2  Insurance to require actuarial justification as to the

  3  adequacy of any rate at any time.  If the rate filing reflects

  4  only a rate change attributable to the assessment under this

  5  paragraph, the filing may consist of a certification so

  6  stating. The assessments otherwise payable to the corporation

  7  pursuant to this subparagraph shall be paid instead to the

  8  fund unless and until the Department of Financial Services

  9  Insurance has received from the corporation and the fund a

10  notice, which shall be conclusive and upon which the

11  Department of Financial Services Insurance may rely without

12  further inquiry, that the corporation has issued bonds and the

13  fund has no agreements in effect with local governments

14  pursuant to paragraph (b).  On or after the date of such

15  notice and until such date as the corporation has no bonds

16  outstanding, the fund shall have no right, title, or interest

17  in or to the assessments, except as provided in the fund's

18  agreements with the corporation.

19         (b)  Revenue bond issuance through counties or

20  municipalities.--

21         1.  If the board elects to enter into agreements with

22  local governments for the issuance of revenue bonds for the

23  benefit of the fund, the board shall enter into such contracts

24  with one or more local governments, including agreements

25  providing for the pledge of revenues, as are necessary to

26  effect such issuance. The governing body of a county or

27  municipality is authorized to issue bonds as defined in s.

28  125.013 or s. 166.101 from time to time to fund an assistance

29  program, in conjunction with the Florida Hurricane Catastrophe

30  Fund, for the purposes set forth in this section or for the

31  purpose of paying the costs of construction, reconstruction,


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  1  repair, restoration, and other costs associated with damage to

  2  properties of policyholders of covered policies due to the

  3  occurrence of a hurricane by assuring that policyholders

  4  located in this state are able to recover claims under

  5  property insurance policies after a covered event.

  6         2.  In order to avoid needless and indiscriminate

  7  proliferation, duplication, and fragmentation of such

  8  assistance programs, any local government may provide for the

  9  payment of fund reimbursements, regardless of whether or not

10  the losses for which reimbursement is made occurred within or

11  outside of the territorial jurisdiction of the local

12  government.

13         3.  The state hereby covenants with holders of bonds

14  issued under this paragraph that the state will not repeal or

15  abrogate the power of the board to direct the Department of

16  Financial Services Insurance to levy the assessments and to

17  collect the proceeds of the revenues pledged to the payment of

18  such bonds as long as any such bonds remain outstanding unless

19  adequate provision has been made for the payment of such bonds

20  pursuant to the documents authorizing the issuance of such

21  bonds.

22         4.  There shall be no liability on the part of, and no

23  cause of action shall arise against any members or employees

24  of the governing body of a local government for any actions

25  taken by them in the performance of their duties under this

26  paragraph.

27         (c)  Florida Hurricane Catastrophe Fund Finance

28  Corporation.--

29         1.  In addition to the findings and declarations in

30  subsection (1), the Legislature also finds and declares that:

31


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  1         a.  The public benefits corporation created under this

  2  paragraph will provide a mechanism necessary for the

  3  cost-effective and efficient issuance of bonds. This mechanism

  4  will eliminate unnecessary costs in the bond issuance process,

  5  thereby increasing the amounts available to pay reimbursement

  6  for losses to property sustained as a result of hurricane

  7  damage.

  8         b.  The purpose of such bonds is to fund reimbursements

  9  through the Florida Hurricane Catastrophe Fund to pay for the

10  costs of construction, reconstruction, repair, restoration,

11  and other costs associated with damage to properties of

12  policyholders of covered policies due to the occurrence of a

13  hurricane.

14         c.  The efficacy of the financing mechanism will be

15  enhanced by the corporation's ownership of the assessments, by

16  the insulation of the assessments from possible bankruptcy

17  proceedings, and by covenants of the state with the

18  corporation's bondholders.

19         2.a.  There is created a public benefits corporation,

20  which is an instrumentality of the state, to be known as the

21  Florida Hurricane Catastrophe Fund Finance Corporation.

22         b.  The corporation shall operate under a five-member

23  board of directors consisting of the Governor or a designee,

24  the Chief Financial Officer Comptroller or a designee, the

25  Attorney General Treasurer or a designee, the director of the

26  Division of Bond Finance of the State Board of Administration,

27  and the chief operating officer of the Florida Hurricane

28  Catastrophe Fund.

29         c.  The corporation has all of the powers of

30  corporations under chapter 607 and under chapter 617, subject

31  only to the provisions of this subsection.


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  1         d.  The corporation may issue bonds and engage in such

  2  other financial transactions as are necessary to provide

  3  sufficient funds to achieve the purposes of this section.

  4         e.  The corporation may invest in any of the

  5  investments authorized under s. 215.47.

  6         f.  There shall be no liability on the part of, and no

  7  cause of action shall arise against, any board members or

  8  employees of the corporation for any actions taken by them in

  9  the performance of their duties under this paragraph.

10         3.a.  In actions under chapter 75 to validate any bonds

11  issued by the corporation, the notice required by s. 75.06

12  shall be published only in Leon County and in two newspapers

13  of general circulation in the state, and the complaint and

14  order of the court shall be served only on the State Attorney

15  of the Second Judicial Circuit.

16         b.  The state hereby covenants with holders of bonds of

17  the corporation that the state will not repeal or abrogate the

18  power of the board to direct the Department of Financial

19  Services Insurance to levy the assessments and to collect the

20  proceeds of the revenues pledged to the payment of such bonds

21  as long as any such bonds remain outstanding unless adequate

22  provision has been made for the payment of such bonds pursuant

23  to the documents authorizing the issuance of such bonds.

24         4.  The bonds of the corporation are not a debt of the

25  state or of any political subdivision, and neither the state

26  nor any political subdivision is liable on such bonds. The

27  corporation does not have the power to pledge the credit, the

28  revenues, or the taxing power of the state or of any political

29  subdivision. The credit, revenues, or taxing power of the

30  state or of any political subdivision shall not be deemed to

31  be pledged to the payment of any bonds of the corporation.


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  1         5.a.  The property, revenues, and other assets of the

  2  corporation; the transactions and operations of the

  3  corporation and the income from such transactions and

  4  operations; and all bonds issued under this paragraph and

  5  interest on such bonds are exempt from taxation by the state

  6  and any political subdivision, including the intangibles tax

  7  under chapter 199 and the income tax under chapter 220. This

  8  exemption does not apply to any tax imposed by chapter 220 on

  9  interest, income, or profits on debt obligations owned by

10  corporations other than the Florida Hurricane Catastrophe Fund

11  Finance Corporation.

12         b.  All bonds of the corporation shall be and

13  constitute legal investments without limitation for all public

14  bodies of this state; for all banks, trust companies, savings

15  banks, savings associations, savings and loan associations,

16  and investment companies; for all administrators, executors,

17  trustees, and other fiduciaries; for all insurance companies

18  and associations and other persons carrying on an insurance

19  business; and for all other persons who are now or may

20  hereafter be authorized to invest in bonds or other

21  obligations of the state and shall be and constitute eligible

22  securities to be deposited as collateral for the security of

23  any state, county, municipal, or other public funds. This

24  sub-subparagraph shall be considered as additional and

25  supplemental authority and shall not be limited without

26  specific reference to this sub-subparagraph.

27         6.  The corporation and its corporate existence shall

28  continue until terminated by law; however, no such law shall

29  take effect as long as the corporation has bonds outstanding

30  unless adequate provision has been made for the payment of

31  such bonds pursuant to the documents authorizing the issuance


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  1  of such bonds. Upon termination of the existence of the

  2  corporation, all of its rights and properties in excess of its

  3  obligations shall pass to and be vested in the state.

  4         Section 228.  Subsection (5) of section 215.559,

  5  Florida Statutes, is amended to read:

  6         215.559  Hurricane Loss Mitigation Program.--

  7         (5)  Except for the program set forth in subsection

  8  (3), the Department of Community Affairs shall develop the

  9  programs set forth in this section in consultation with an

10  advisory council consisting of a representative designated by

11  the Department of Financial Services Insurance, a

12  representative designated by the Florida Home Builders

13  Association, a representative designated by the Florida

14  Insurance Council, a representative designated by the

15  Federation of Manufactured Home Owners, a representative

16  designated by the Florida Association of Counties, and a

17  representative designated by the Florida Manufactured Housing

18  Association.

19         Section 229.  Paragraph (c) of subsection (1) and

20  paragraph (a) of subsection (3) of section 215.56005, Florida

21  Statutes, are amended to read:

22         215.56005  Tobacco Settlement Financing Corporation.--

23         (1)  DEFINITIONS.--As used in this section:

24         (c)  "Department" means the Department of Financial

25  Services Banking and Finance or its successor.

26         (3)  POWERS OF THE DEPARTMENT.--

27         (a)  The department is authorized, on behalf of the

28  state, to do all things necessary or desirable to assist the

29  corporation in the execution of the corporation's

30  responsibilities, including, but not limited to, processing

31  budget amendments against the Department of Financial Services


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  1  Banking and Finance Tobacco Settlement Clearing Trust Fund,

  2  subject to the requirements of s. 216.177, for the costs and

  3  expenses of administration of the corporation in an amount not

  4  to exceed $500,000; entering into one or more purchase

  5  agreements to sell to the corporation any or all of the

  6  state's right, title, and interest in and to the tobacco

  7  settlement agreement; executing any administrative agreements

  8  with the corporation to fund the administration, operation,

  9  and expenses of the corporation from moneys appropriated for

10  such purpose; and executing and delivering any and all other

11  documents and agreements necessary or desirable in connection

12  with the sale of any or all of the state's right, title, and

13  interest in and to the tobacco settlement agreement to the

14  corporation or the issuance of the bonds by the corporation.

15  The department's authority to sell any or all of the state's

16  right, title, and interest in and to the tobacco settlement

17  agreement is subject to approval by the Legislature in a

18  regular, extended, or special session.

19         Section 230.  Subsection (3) and paragraph (a) of

20  subsection (5) of section 215.5601, Florida Statutes, are

21  amended to read:

22         215.5601  Lawton Chiles Endowment Fund.--

23         (3)  LAWTON CHILES ENDOWMENT FUND; CREATION;

24  PRINCIPAL.--

25         (a)  There is created the Lawton Chiles Endowment Fund,

26  to be administered by the State Board of Administration. The

27  endowment shall serve as a clearing trust fund, not subject to

28  termination under s. 19(f), Art. III of the State

29  Constitution. The endowment fund shall be exempt from the

30  service charges imposed by s. 215.20.

31


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  1         (b)  The endowment shall receive moneys from the sale

  2  of the state's right, title, and interest in and to the

  3  tobacco settlement agreement as defined in s. 215.56005,

  4  including the right to receive payments under such agreement,

  5  and from accounts transferred from the Department of Financial

  6  Services Banking and Finance Tobacco Settlement Clearing Trust

  7  Fund established under s. 17.41. Amounts to be transferred

  8  from the Department of Financial Services Banking and Finance

  9  Tobacco Settlement Clearing Trust Fund to the endowment shall

10  be in the following amounts for the following fiscal years:

11         1.  For fiscal year 1999-2000, $1.1 billion;

12         2.  For fiscal year 2000-2001, $200 million;

13         3.  For fiscal year 2001-2002, $200 million;

14         4.  For fiscal year 2002-2003, $200 million; and

15         (c)  Amounts to be transferred under subparagraphs

16  (b)2., 3., and 4. may be reduced by an amount equal to the

17  lesser of $200 million or the amount the endowment receives in

18  that fiscal year from the sale of the state's right, title,

19  and interest in and to the tobacco settlement agreement.

20         (d)  For fiscal year 2001-2002, $150 million of the

21  existing principal in the endowment shall be reserved and

22  accounted for within the endowment, the income from which

23  shall be used solely for the funding for biomedical research

24  activities as provided in s. 215.5602. The income from the

25  remaining principal shall be used solely as the source of

26  funding for health and human services programs for children

27  and elders as provided in subsection (5). The separate account

28  for biomedical research shall be dissolved and the entire

29  principal in the endowment shall be used exclusively for

30  health and human services programs when cures have been found

31  for tobacco-related cancer, heart, and lung disease.


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  1         (5)  AVAILABILITY OF FUNDS; USES.--

  2         (a)  Funds from the endowment which are available for

  3  legislative appropriation shall be transferred by the board to

  4  the Department of Financial Services Banking and Finance

  5  Tobacco Settlement Clearing Trust Fund, created in s. 17.41,

  6  and disbursed in accordance with the legislative

  7  appropriation.

  8         1.  Appropriations by the Legislature to the Department

  9  of Health from endowment earnings from the principal set aside

10  for biomedical research shall be from a category called the

11  Florida Biomedical Research Program and shall be deposited

12  into the Biomedical Research Trust Fund in the Department of

13  Health established in s. 20.435.

14         2.  Appropriations by the Legislature to the Department

15  of Children and Family Services, the Department of Health, or

16  the Department of Elderly Affairs for health and human

17  services programs shall be from a category called the Lawton

18  Chiles Endowment Fund Programs and shall be deposited into

19  each department's respective Tobacco Settlement Trust Fund as

20  appropriated.

21         Section 231.  Section 215.58, Florida Statutes, is

22  amended to read:

23         215.58  Definitions relating to State Bond Act.--The

24  following words or terms when used in this act shall have the

25  following meanings:

26         (1)  "Governor" means shall mean the Governor of the

27  state or any Acting Governor or other person then exercising

28  the duties of the office of Governor.

29         (2)  "Treasurer" shall mean the Insurance Commissioner

30  and Treasurer.

31         (3)  "Comptroller" shall mean the State Comptroller.


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  1         (2)(4)  "State" means shall mean the State of Florida.

  2         (3)(5)  "Division" means shall mean the Division of

  3  Bond Finance.

  4         (4)(6)  "Board" means shall mean the governing board of

  5  the said division, which shall be composed of the Governor and

  6  Cabinet.

  7         (5)(7)  "Director" means shall mean the chief

  8  administrator of the division, who shall act on behalf of the

  9  division when authorized by the board, as provided by this

10  act.

11         (6)(8)  "State agency" means shall mean any board,

12  commission, authority, or other state agency heretofore or

13  hereafter created by the constitution or statutes of the

14  state.

15         (7)(9)  "Bonds" means shall mean state bonds, or any

16  revenue bonds, certificates or other obligations heretofore or

17  hereafter authorized to be issued by said division or by any

18  state agency.

19         (8)(10)  "State bonds" means shall mean bonds pledging

20  the full faith and credit of the State of Florida.

21         (9)(11)  "Legislature" means shall mean the State

22  Legislature.

23         (11)(12)  "Constitution" means shall mean the existing

24  constitution of the state, or any constitution hereafter

25  adopted by the people of the state, together with all

26  amendments thereof.

27         (11)(13)  "Original issue discount" means the amount by

28  which the par value of a bond exceeds its public offering

29  price at the time it is originally offered to an investor.

30         (12)(14)  "Governmental agency" means shall mean:

31


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  1         (a)  The state or any department, commission, agency,

  2  or other instrumentality thereof.

  3         (b)  Any county or municipality or any department,

  4  commission, agency, or other instrumentality thereof.

  5         (c)  Any school board or special district, authority,

  6  or governmental entity.

  7         Section 232.  Subsection (1) of section 215.62, Florida

  8  Statutes, is amended to read:

  9         215.62  Division of Bond Finance.--

10         (1)  There is hereby created a division of the State

11  Board of Administration of the state to be known as the

12  Division of Bond Finance.  The Governor shall be the chair of

13  the governing board of the division, the Attorney General

14  Comptroller shall be the secretary of the board, and the Chief

15  Financial Officer Treasurer shall be the treasurer of the

16  board for the purposes of this act.  The division shall be a

17  public body corporate for the purposes of this act.

18         Section 233.  Subsections (2), (3), (4), (5), and (8)

19  of section 215.684, Florida Statutes, are amended to read:

20         215.684  Limitation on engaging services of securities

21  broker or bond underwriter convicted of fraud.--

22         (2)  Upon notification under chapter 517 that a person

23  or firm has been convicted or has pleaded as provided in

24  subsection (1), the Chief Financial Officer Comptroller shall

25  issue a notice of intent to take action to disqualify such

26  person or firm, which notice must state that:

27         (a)  Such person or firm is considered a disqualified

28  securities broker or bond underwriter;

29         (b)  A state agency may not enter into a contract with

30  such person or firm as a securities broker or bond underwriter

31  for any new business for a period of 2 years;


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  1         (c)  The substantial rights of such person or firm as a

  2  securities broker or bond underwriter are being affected and

  3  the person or firm has the rights accorded pursuant to ss.

  4  120.569 and 120.57; and

  5         (d)  Such person or firm may petition to mitigate the

  6  duration of his or her disqualification, based on the criteria

  7  established in subsection (3) and may request that such

  8  mitigation be considered as part of any hearing under ss.

  9  120.569 and 120.57.

10         (3)  The Chief Financial Officer Comptroller shall

11  decide, based on the following criteria, whether or not to

12  mitigate the duration of the disqualification:

13         (a)  The nature and details of the crime;

14         (b)  The degree of culpability of the person or firm

15  proposed to be requalified;

16         (c)  Prompt or voluntary payment of any damages or

17  penalty as a result of the conviction and disassociation from

18  any other person or firm involved in the crimes of fraud;

19         (d)  Cooperation with state or federal investigation or

20  prosecution of the crime of fraud;

21         (e)  Prior or future self-policing by the person or

22  firm to prevent crimes of fraud; and

23         (f)  Reinstatement or clemency in any jurisdiction in

24  relation to the crime at issue in the proceeding.

25         (4)  If the Chief Financial Officer Comptroller in his

26  or her sole discretion decides to mitigate the duration of the

27  disqualification based on the foregoing, the duration of

28  disqualification shall be for any period the Chief Financial

29  Officer Comptroller specifies up to 2 years from the date of

30  the person's or firm's conviction or plea. If the Chief

31  Financial Officer Comptroller refuses to mitigate the duration


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  1  of the disqualification, such person or firm may again file

  2  for mitigation no sooner than 9 months after denial by the

  3  Chief Financial Officer Comptroller.

  4         (5)  Notwithstanding subsection (4), a firm or person

  5  at any time may petition the Chief Financial Officer

  6  Comptroller for termination of the disqualification based upon

  7  a reversal of the conviction of the firm or person by an

  8  appellate court or a pardon.

  9         (8)  Except when otherwise provided by law for crimes

10  of fraud with respect to the transaction of business with any

11  public entity or with an agency or political subdivision of

12  any other state or with the United States, this act

13  constitutes the sole authorization for determining when a

14  person or firm convicted or having pleaded guilty or nolo

15  contendere to the crime of fraud may not be engaged to provide

16  services as a securities broker or bond underwriter with the

17  state.  Nothing in this act shall be construed to affect the

18  authority granted the Chief Financial Officer Comptroller

19  under chapter 517 to revoke or suspend the license of such

20  securities dealer or bond underwriter.

21         Section 234.  Subsection (4) of section 215.70, Florida

22  Statutes, is amended to read:

23         215.70  State Board of Administration to act in case of

24  defaults.--

25         (4)  Whenever it becomes necessary for state funds to

26  be appropriated for the payment of principal or interest on

27  bonds which have been issued by the Division of Bond Finance

28  on behalf of any local government or authority and for which

29  the full faith and credit of the state has been pledged, any

30  state shared revenues otherwise earmarked for the local

31  government or authority shall be used by the Chief Financial


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  1  Officer Comptroller to reimburse the state, until the local

  2  government or authority has reimbursed the state in full.

  3         Section 235.  Subsection (4) of section 215.91, Florida

  4  Statutes, is amended to read:

  5         215.91  Florida Financial Management Information

  6  System; board; council.--

  7         (4)  The council shall provide ongoing counsel to the

  8  board and act to resolve problems among or between the

  9  functional owner subsystems.  The board, through the

10  coordinating council, shall direct and manage the development,

11  implementation, and operation of the information subsystems

12  that together are the Florida Financial Management Information

13  System.  The coordinating council shall approve the

14  information subsystems' designs prior to the development,

15  implementation, and operation of the subsystems and shall

16  approve subsequent proposed design modifications to the

17  information subsystems subject to the guidelines issued by the

18  council.  The coordinating council shall ensure that the

19  information subsystems' operations support the exchange of

20  unified and coordinated data between information subsystems.

21  The coordinating council shall establish the common data codes

22  for financial management, and it shall require and ensure the

23  use of common data codes by the information subsystems that

24  together constitute the Florida Financial Management

25  Information System. The Chief Financial Officer Comptroller

26  shall adopt a chart of accounts consistent with the common

27  financial management data codes established by the

28  coordinating council.  The board, through the coordinating

29  council, shall establish the financial management policies and

30  procedures for the executive branch of state government.  The

31  coordinating council shall notify in writing the chairs of the


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  1  legislative fiscal committees and the Chief Justice of the

  2  Supreme Court regarding the adoption of, or modification to, a

  3  proposed financial management policy or procedure.  The notice

  4  shall solicit comments from the chairs of the legislative

  5  fiscal committees and the Chief Justice of the Supreme Court

  6  at least 14 consecutive days before the final action by the

  7  coordinating council.

  8         Section 236.  Subsection (5) of section 215.92, Florida

  9  Statutes, is amended to read:

10         215.92  Definitions relating to Florida Financial

11  Management Information System Act.--For the purposes of ss.

12  215.90-215.96:

13         (5)  "Design and coordination staff" means the

14  personnel responsible for providing administrative and

15  clerical support to the board, coordinating council, and

16  secretary to the board.  The design and coordination staff

17  shall function as the agency clerk for the board and the

18  coordinating council.  For administrative purposes, the design

19  and coordination staff are assigned to the Department of

20  Financial Services Banking and Finance but they are

21  functionally assigned to the board.

22         Section 237.  Subsection (3) of section 215.93, Florida

23  Statutes, is amended to read:

24         215.93  Florida Financial Management Information

25  System.--

26         (3)  The Florida Financial Management Information

27  System shall include financial management data and utilize the

28  chart of accounts approved by the Chief Financial Officer

29  Comptroller.  Common financial management data shall include,

30  but not be limited to, data codes, titles, and definitions

31  used by one or more of the functional owner subsystems.  The


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  1  Florida Financial Management Information System shall utilize

  2  common financial management data codes.  The council shall

  3  recommend and the board shall adopt policies regarding the

  4  approval and publication of the financial management data.

  5  The Chief Financial Officer Comptroller shall adopt policies

  6  regarding the approval and publication of the chart of

  7  accounts.  The Chief Financial Officer's Comptroller's chart

  8  of accounts shall be consistent with the common financial

  9  management data codes established by the coordinating council.

10  Further, all systems not a part of the Florida Financial

11  Management Information System which provide information to the

12  system shall use the common data codes from the Florida

13  Financial Management Information System and the Chief

14  Financial Officer's Comptroller's chart of accounts. Data

15  codes that cannot be supplied by the Florida Financial

16  Management Information System and the Chief Financial

17  Officer's Comptroller's chart of accounts and that are

18  required for use by the information subsystems shall be

19  approved by the board upon recommendation of the coordinating

20  council. However, board approval shall not be required for

21  those data codes specified by the Auditor General under the

22  provisions of s. 215.94(6)(c).

23         Section 238.  Subsections (2) and (3) and paragraph (a)

24  of subsection (5) of section 215.94, Florida Statutes, are

25  amended to read:

26         215.94  Designation, duties, and responsibilities of

27  functional owners.--

28         (2)  The Department of Financial Services Banking and

29  Finance shall be the functional owner of the Florida

30  Accounting Information Resource Subsystem established pursuant

31  to ss. 17.03, 215.86, 216.141, and 216.151 and further


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  1  developed in accordance with the provisions of ss.

  2  215.90-215.96.  The subsystem shall include, but shall not be

  3  limited to, the following functions:

  4         (a)  Accounting and reporting so as to provide timely

  5  data for producing financial statements for the state in

  6  accordance with generally accepted accounting principles.

  7         (b)  Auditing and settling claims against the state.

  8         (3)  The Chief Financial Officer Treasurer shall be the

  9  functional owner of the Cash Management Subsystem.  The Chief

10  Financial Officer Treasurer shall design, implement, and

11  operate the subsystem in accordance with the provisions of ss.

12  215.90-215.96.  The subsystem shall include, but shall not be

13  limited to, functions for:

14         (a)  Recording and reconciling credits and debits to

15  treasury fund accounts.

16         (b)  Monitoring cash levels and activities in state

17  bank accounts.

18         (c)  Monitoring short-term investments of idle cash.

19         (d)  Administering the provisions of the Federal Cash

20  Management Improvement Act of 1990.

21         (5)  The Department of Management Services shall be the

22  functional owner of the Cooperative Personnel Employment

23  Subsystem.  The department shall design, implement, and

24  operate the subsystem in accordance with the provisions of ss.

25  110.116 and 215.90-215.96.  The subsystem shall include, but

26  shall not be limited to, functions for:

27         (a)  Maintenance of employee and position data,

28  including funding sources and percentages and salary lapse.

29  The employee data shall include, but not be limited to,

30  information to meet the payroll system requirements of the

31  Department of Financial Services Banking and Finance and to


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  1  meet the employee benefit system requirements of the

  2  Department of Management Services.

  3         Section 239.  Subsection (1) of section 215.95, Florida

  4  Statutes, is amended to read:

  5         215.95  Financial Management Information Board.--

  6         (1)  There is created, as part of the Administration

  7  Commission, the Financial Management Information Board.  The

  8  board shall be composed of the Governor, the Chief Financial

  9  Officer Comptroller, and the Attorney General Treasurer.  The

10  Governor shall be chair of the board.  The Governor or the

11  Chief Financial Officer Comptroller may call a meeting of the

12  board at any time the need arises.

13         Section 240.  Subsections (1) and (2) of section

14  215.96, Florida Statutes, are amended to read:

15         215.96  Coordinating council and design and

16  coordination staff.--

17         (1)  The Chief Financial Officer Comptroller, as chief

18  fiscal officer of the state, shall establish a coordinating

19  council to function on a continuing basis.  The coordinating

20  council shall review and recommend to the board solutions and

21  policy alternatives to ensure coordination between functional

22  owners of the various information subsystems described in ss.

23  215.90-215.96 to the extent necessary to unify all the

24  subsystems into a financial management information system.

25         (2)  The coordinating council shall consist of the

26  Chief Financial Officer Comptroller; the Treasurer; the

27  secretary of the Department of Management Services; and the

28  Director of Planning and Budgeting, Executive Office of the

29  Governor, or their designees. The Chief Financial Officer

30  Comptroller, or his or her designee, shall be chair of the

31  coordinating council, and the design and coordination staff


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  1  shall provide administrative and clerical support to the

  2  council and the board. The design and coordination staff shall