Senate Bill 0150

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    Florida Senate - 1999                                   SB 150

    By Senators Horne, Bronson, McKay, Klein and Dyer





    6-387-99                                                See HB

  1                      A bill to be entitled

  2         An act relating to state financial matters;

  3         amending s. 17.05, F.S.; specifying certain

  4         powers of the Comptroller and the Department of

  5         Banking and Finance; providing requirements;

  6         specifying procedures, rights, and requirements

  7         for enforcing compliance with certain

  8         subpoenas; providing for assessing certain

  9         costs under certain circumstances; amending s.

10         17.076, F.S.; providing for payment of

11         retirement benefits by direct deposit; amending

12         s. 20.12, F.S.; specifying purposes and duties

13         of the Comptroller; deleting divisions of the

14         department;  amending s. 110.1165, F.S.;

15         deleting a reference for purposes of specifying

16         a statute of limitations for certain purposes;

17         specifying a time limit for filing actions to

18         recover certain compensation; providing

19         application; amending s. 112.061, F.S.;

20         providing for designees of agency heads to

21         perform specified functions; relating to per

22         diem and travel expenses; amending s. 215.422,

23         F.S.; deleting certain requirements relating to

24         vendors and state purchasing agreements and

25         warrants; amending s. 216.011, F.S.; revising a

26         definition; amending s. 216.102, F.S.; revising

27         duties of the Comptroller relating to preparing

28         and publishing certain financial information;

29         amending s. 273.02, F.S.; revising a

30         definition; amending s. 287.058, F.S.;

31         specifying as public records certain documents

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1         and materials relating to contracts for

  2         services; specifying an additional requirement

  3         for certain written agreements for procurement

  4         of contractual services by the state; providing

  5         an effective date.

  6

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

  8

  9         Section 1.  Section 17.05, Florida Statutes, is amended

10  to read:

11         17.05  Subpoenas; sworn statements; enforcement

12  proceedings May examine under oath parties and persons privy

13  to accounts.--

14         (1)  The Comptroller of this state may demand and

15  require full answers on oath from any and every person, party

16  or privy to any account, claim, or demand against or by the

17  state, such as it may be the Comptroller's his or her official

18  duty to examine into, and which answers the Comptroller may

19  require to be in writing and to be sworn to before the

20  Comptroller or the department himself or herself or before any

21  judicial officer or clerk of any court of the state so as to

22  enable the such Comptroller to determine decide as to the

23  justice or legality of such account, claim, or demand.

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

25  Comptroller or his or her designee may:

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

27  witnesses.

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

29  writing, under oath or otherwise as the Comptroller or his or

30  her designee requires, as to all the facts and circumstances

31

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1  concerning the matter to be audited, examined, or

  2  investigated.

  3         (3)  Subpoenas shall be issued by the Comptroller or

  4  his or her designee under seal commanding such witnesses to

  5  appear before the Comptroller or the Comptroller's

  6  representative or the department at a specified time and place

  7  and to bring books, records, and documents as specified or to

  8  submit books, records, and documents for inspection.  Such

  9  subpoenas may be served by an authorized representative of the

10  Comptroller or the department.

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

12  issued pursuant to this section, the Comptroller or the

13  department may petition the circuit court of the county in

14  which the person subpoenaed resides or has his or her

15  principal place of business for an order requiring the

16  subpoenaed person to appear and testify and to produce books,

17  records, and documents as specified in the subpoena.  The

18  court may grant legal, equitable, or injunctive relief,

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

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

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

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

23  or other disposition of subpoenaed books, records, or

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

25  has fully complied with such subpoena and the Comptroller or

26  the department has completed the audit, examination, or

27  investigation.  The Comptroller or the department is entitled

28  to the summary procedure provided in s. 51.011 and the court

29  shall advance the cause on its calendar.  Costs incurred by

30  the Comptroller or the department to obtain an order granting,

31  in whole or in part, such petition for enforcement of a

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1  subpoena shall be charged against the subpoenaed person, and

  2  failure to comply with such order shall be a contempt of

  3  court.

  4         Section 2.  Subsection (8) is added to section 17.076,

  5  Florida Statutes, to read:

  6         17.076  Direct deposit of funds.--

  7         (8)  Effective July 1, 2000, all new recipients of

  8  retirement benefits from this state shall be paid by direct

  9  deposit of funds. A retiree may request from the department an

10  exemption from the provisions of this subsection when such

11  retiree can demonstrate a hardship. The department may pay

12  retirement benefits by state warrant when deemed

13  administratively necessary.

14         Section 3.  Section 20.12, Florida Statutes, is amended

15  to read:

16         20.12  Department of Banking and Finance.--There is

17  created a Department of Banking and Finance.

18         (1)  The head of the Department of Banking and Finance

19  is the Comptroller.

20         (2)  As provided in s. 4(d), Art. IV of the State

21  Constitution, the purpose of the Comptroller is to serve as

22  the chief fiscal officer of the state, and shall settle and

23  approve accounts against the state.

24         (3)  The Comptroller shall execute the programs and

25  policies as adopted by the Legislature. The Division of

26  Financial Investigations is following divisions are

27  established within the Department of Banking and Finance:

28         (a)  Division of Accounting and Auditing.

29         (b)  Division of Administration.

30         (c)  Division of Banking.

31         (d)  Division of Finance.

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1         (e)  Division of Information Systems.

  2         (f)  Division of Securities and Investor Protection.

  3         (g)  Division of Financial Investigations.

  4         Section 4.  Subsection (1) of section 110.1165, Florida

  5  Statutes, is amended, and subsection (3) is added to said

  6  section, to read:

  7         110.1165  Executive branch personnel errors.--

  8         (1)  An agency of the executive branch, including the

  9  State University System, shall establish procedures for the

10  receipt, consideration, and disposition of a claim regarding

11  pay or benefits brought by an employee when that employee is

12  damaged as a result of being provided with erroneous written

13  information by the employing agency regarding his or her pay

14  or benefits, and the employee detrimentally relies upon such

15  written information. In order to qualify for the relief

16  provided by this section, the employee's reliance on the

17  representation must have been reasonable and based only upon

18  the written representations made by those persons authorized

19  by the agency head to make such representations. Furthermore,

20  the erroneous calculation and payment of an employee's salary,

21  wages, or benefits is not among the written representations

22  which will trigger relief under this section. Section 95.11(4)

23  is the statute of limitations for filing any action to recover

24  salary, wages, overtime, benefits, or related damages by or on

25  behalf of a state employee, or any action under this section.

26  No distinctions between the terms "salary" and "wages" in

27  construing the provisions of s. 95.11(4) apply to this section

28  or the statute of limitations for filing any action under this

29  section.

30         (3)  The time limit to file any action to recover

31  compensation, including, but not limited to, salaries, wages,

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1  overtime pay, fringe benefits, or damages or penalties

  2  relating to errors in such compensation from, by, or on behalf

  3  of a state officer or employee is 2 years from the date of the

  4  alleged error in payment of such compensation.  The time limit

  5  applies in all disputes over compensation for work performed

  6  by state officers or employees, and is not confined to cases

  7  arising under subsections (1) and (2).

  8         Section 5.  Paragraphs (d) and (f) of subsection (3),

  9  paragraph (b) of subsection (4), paragraphs (a), (d), and (f)

10  of subsection (7), and subsections (12) and (13) of section

11  112.061, Florida Statutes, 1998 Supplement, are amended to

12  read:

13         112.061  Per diem and travel expenses of public

14  officers, employees, and authorized persons.--

15         (3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--

16         (d)  Travel expenses of public employees for the sole

17  purpose of taking merit system or other job placement

18  examinations, written or oral, shall not be allowed under any

19  circumstances, except that upon prior written approval of the

20  agency head or his or her designee, candidates for executive

21  or professional positions may be allowed travel expenses

22  pursuant to this section.

23         (f)  A traveler who becomes sick or injured while away

24  from his or her official headquarters and is therefore unable

25  to perform the official business of the agency may continue to

26  receive subsistence as provided in subsection (6) during this

27  period of illness or injury until such time as he or she is

28  able to perform the official business of the agency or returns

29  to his or her official headquarters, whichever is earlier.

30  Such subsistence may be paid when approved by the agency head

31  or his or her designee.

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1         (4)  OFFICIAL HEADQUARTERS.--The official headquarters

  2  of an officer or employee assigned to an office shall be the

  3  city or town in which the office is located except that:

  4         (b)  When any state employee is stationed in any city

  5  or town for a period of over 30 continuous workdays, such city

  6  or town shall be deemed to be the employee's official

  7  headquarters, and he or she shall not be allowed per diem or

  8  subsistence, as provided in this section, after the said

  9  period of 30 continuous workdays has elapsed, unless this

10  period of time is extended by the express approval of the

11  agency head or his or her designee.

12         (7)  TRANSPORTATION.--

13         (a)  All travel must be by a usually traveled route.

14  In case a person travels by an indirect route for his or her

15  own convenience, any extra costs shall be borne by the

16  traveler; and reimbursement for expenses shall be based only

17  on such charges as would have been incurred by a usually

18  traveled route. The agency head or his or her designee shall

19  designate the most economical method of travel for each trip,

20  keeping in mind the following conditions:

21         1.  The nature of the business.

22         2.  The most efficient and economical means of travel

23  (considering time of the traveler, impact on the productivity

24  of the traveler, cost of transportation, and per diem or

25  subsistence required). When it is more efficient and

26  economical to either the traveler or the agency head, jet

27  service offered by any airline, whether on state contract or

28  not, may be used when the cost is within an approved threshold

29  determined by the agency head or his or her designee.

30         3.  The number of persons making the trip and the

31  amount of equipment or material to be transported.

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1         (d)1.  The use of privately owned vehicles for official

  2  travel in lieu of publicly owned vehicles or common carriers

  3  may be authorized by the agency head or his or her designee.

  4  Whenever travel is by privately owned vehicle, the traveler

  5  shall be entitled to a mileage allowance at a fixed rate of 25

  6  cents per mile for state fiscal year 1994-1995 and 29 cents

  7  per mile thereafter or the common carrier fare for such

  8  travel, as determined by the agency head. Reimbursement for

  9  expenditures related to the operation, maintenance, and

10  ownership of a vehicle shall not be allowed when privately

11  owned vehicles are used on public business and reimbursement

12  is made pursuant to this paragraph, except as provided in

13  subsection (8).

14         2.  All mileage shall be shown from point of origin to

15  point of destination and, when possible, shall be computed on

16  the basis of the current map of the Department of

17  Transportation. Vicinity mileage necessary for the conduct of

18  official business is allowable but must be shown as a separate

19  item on the expense voucher.

20         (f)  The agency head or his or her designee may grant

21  monthly allowances in fixed amounts for use of privately owned

22  automobiles on official business in lieu of the mileage rate

23  provided in paragraph (d).  Allowances granted pursuant to

24  this paragraph shall be reasonable, taking into account the

25  customary use of the automobile, the roads customarily

26  traveled, and whether any of the expenses incident to the

27  operation, maintenance, and ownership of the automobile are

28  paid from funds of the agency or other public funds.  Such

29  allowance may be changed at any time, and shall be made on the

30  basis of a signed statement of the traveler, filed before the

31  allowance is granted or changed, and at least annually

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1  thereafter. The statement shall show the places and distances

  2  for an average typical month's travel on official business,

  3  and the amount that would be allowed under the approved rate

  4  per mile for the travel shown in the statement, if payment had

  5  been made pursuant to paragraph (d).

  6         (12)  ADVANCEMENTS.--Notwithstanding any of the

  7  foregoing restrictions and limitations, an agency head or his

  8  or her designee may make, or authorize the making of, advances

  9  to cover anticipated costs of travel to travelers.  Such

10  advancements may include the costs of subsistence and travel

11  of any person transported in the care or custody of the

12  traveler in the performance of his or her duties.

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 Comptroller for the direct payment of travel expenses.

30  The provisions of this subsection shall not be deemed to apply

31  to any legislator or to any employee of the Legislature.

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1         Section 6.  Subsections (5) and (9) of section 215.422,

  2  Florida Statutes, are amended to read:

  3         215.422  Warrants, vouchers, and invoices; processing

  4  time limits; dispute resolution; agency or judicial branch

  5  compliance.--

  6         (5)  All purchasing agreements between a state agency

  7  or the judicial branch and a vendor, applicable to this

  8  section, shall include a statement of the vendor's rights and

  9  the state's responsibilities under this section.  The vendor's

10  rights shall include being provided with the name and

11  telephone number of the vendor ombudsman within the Department

12  of Banking and Finance, which information shall also be placed

13  on all agency or judicial branch purchase orders.

14         (9)  Each agency and the judicial branch shall include

15  in the official position description of every officer or

16  employee who is responsible for the approval or processing of

17  vendors' invoices or distribution of warrants to vendors that

18  the requirements of this section are mandatory.  In addition,

19  each employee shall be required to sign a statement at least

20  annually that he or she has been provided a copy of this

21  section and the rules promulgated by the Comptroller.  The

22  statement shall also acknowledge that the employee understands

23  the approval and processing time limitations and the provision

24  for automatic interest penalty payments.  Each agency and the

25  judicial branch shall certify its compliance with this

26  subsection to the Comptroller on or before February 1 of each

27  year.

28         Section 7.  Paragraph (x) of subsection (1) of section

29  216.011, Florida Statutes, 1998 Supplement, is amended to

30  read:

31         216.011  Definitions.--

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1         (1)  For the purpose of fiscal affairs of the state,

  2  appropriations acts, legislative budgets, and approved

  3  budgets, each of the following terms has the meaning

  4  indicated:

  5         (x)  "Operating capital outlay" means equipment,

  6  fixtures, and other tangible personal property of a

  7  nonconsumable and nonexpendable nature, the value or cost of

  8  which is $1,000 $500 or more and the normal expected life of

  9  which is 1 year or more, and hardback-covered bound books that

10  are circulated to students or the general public, the value or

11  cost of which is $25 or more, and hardback-covered bound

12  books, the value or cost of which is $250 $100 or more.

13         Section 8.  Subsection (2) of section 216.102, Florida

14  Statutes, is amended to read:

15         216.102  Recording and filing of financial information;

16  handling by Comptroller; penalty for noncompliance.--

17         (2)  It shall be the duty of the Comptroller to:

18         (a)  Prepare and furnish to the Auditor General publish

19  annual financial statements for the State of Florida in

20  accordance with generally accepted accounting principles on or

21  before December 31 annually.

22         (b)  Prepare and publish a Comprehensive Annual

23  Financial Report for the State of Florida in accordance with

24  generally accepted accounting principles on or before February

25  28 each year.

26         (c)(b)  Furnish the Governor, the President of the

27  Senate, and the Speaker of the House of Representatives with

28  copies of the Comprehensive Annual Financial Report annual

29  financial statements prepared pursuant to paragraph (b)(a).

30

31

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1         (d)(c)  Notify each agency and the judicial branch of

  2  the data that is required to be recorded to enhance

  3  accountability for tracking federal financial assistance.

  4         (e)(d)  Provide reports, as requested, to executive or

  5  judicial branch entities, the President of the Senate, the

  6  Speaker of the House of Representatives, and the members of

  7  the Florida Congressional Delegation, detailing the federal

  8  financial assistance received and disbursed by state agencies

  9  and the judicial branch.

10         (f)(e)  Consult with and elicit comments from the

11  Executive Office of the Governor on changes to the State

12  Automated Management Accounting Subsystem which clearly affect

13  the accounting of federal funds, so as to ensure consistency

14  of information entered into the Federal Aid Tracking System by

15  state executive and judicial branch entities.  While efforts

16  shall be made to ensure the compatibility of the State

17  Automated Management Accounting Subsystem and the Federal Aid

18  Tracking System, any successive systems serving identical or

19  similar functions shall preserve such compatibility.

20         (g)  The Comptroller may furnish and publish the

21  financial statements and the Comprehensive Annual Financial

22  Report pursuant to paragraphs (a), (b), and (c) in electronic

23  form.

24         Section 9.  Section 273.02, Florida Statutes, is

25  amended to read:

26         273.02  Record and inventory of certain property.--The

27  word "property" as used in this section means equipment,

28  fixtures, and other tangible personal property of a

29  nonconsumable and nonexpendable nature, the value or cost of

30  which is $1,000 $500 or more and the normal expected life of

31  which is 1 year or more, and hardback-covered bound books that

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1  are circulated to students or the general public, the value or

  2  cost of which is $25 or more, and hardback-covered bound

  3  books, the value or cost of which is $250 $100 or more.  Each

  4  item of property which it is practicable to identify by

  5  marking shall be marked in the manner required by the Auditor

  6  General.  Each custodian shall maintain an adequate record of

  7  property in his or her custody, which record shall contain

  8  such information as shall be required by the Auditor General.

  9  Once each year, on July 1 or as soon thereafter as is

10  practicable, and whenever there is a change of custodian, each

11  custodian shall take an inventory of property in his or her

12  custody. The inventory shall be compared with the property

13  record, and all discrepancies shall be traced and reconciled.

14  All publicly supported libraries shall be exempt from marking

15  hardback-covered bound books, as required by this section.

16  The catalog and inventory control records maintained by each

17  publicly supported library shall constitute the property

18  record of hardback-covered bound books with a value or cost of

19  $25 or more included in each publicly supported library

20  collection and shall serve as a perpetual inventory in lieu of

21  an annual physical inventory.  All books identified by these

22  records as missing shall be traced and reconciled, and the

23  library inventory shall be adjusted accordingly.

24         Section 10.  Paragraph (c) of subsection (1) of section

25  287.058, Florida Statutes, 1998 Supplement, is amended to

26  read:

27         287.058  Contract document.--

28         (1)  Every procurement of contractual services in

29  excess of the threshold amount provided in s. 287.017 for

30  CATEGORY TWO, except for the providing of health and mental

31  health services or drugs in the examination, diagnosis, or

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1  treatment of sick or injured state employees or the providing

  2  of other benefits as required by the provisions of chapter

  3  440, shall be evidenced by a written agreement embodying all

  4  provisions and conditions of the procurement of such services,

  5  which provisions and conditions shall, where applicable,

  6  include, but shall not be limited to:

  7         (c)  A provision allowing unilateral cancellation by

  8  the agency for refusal by the contractor to allow public

  9  access to all documents, papers, letters, or other material

10  subject to the provisions of chapter 119 and made or received

11  by the contractor in conjunction with the contract. All

12  documents, papers, letters, or other material made or received

13  by any contractor, subcontractor, or any other person in

14  connection with any contract for services in excess of the

15  threshold amount for CATEGORY TWO, are public records and

16  subject to the provisions of chapter 119, irrespective of

17  whether the documents, papers, letters, or other material are

18  in the possession of a contractor, subcontractor, any other

19  person, or the public agency.   Every written agreement, in

20  excess of the threshold amount for CATEGORY TWO, between a

21  contractor and subcontractor, or between a subcontractor and

22  other parties performing services relating to the contract,

23  shall also contain a provision allowing unilateral

24  cancellation for refusal to allow public access to all

25  documents, papers, letters, or other material made or received

26  in connection with the contract.

27

28  In lieu of a written agreement, the department may authorize

29  the use of a purchase order for classes of contractual

30  services, provided the provisions of paragraphs (a)-(f) are

31  included in the purchase order, invitation to bid, or request

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    Florida Senate - 1999                                   SB 150
    6-387-99                                                See HB




  1  for proposals.  The purchase order shall include an adequate

  2  description of the services, the contract period, and the

  3  method of payment. In lieu of printing the provisions of

  4  paragraphs (a)-(f) in the contract document or purchase order,

  5  agencies may incorporate the requirements of paragraphs

  6  (a)-(f) by reference.

  7         Section 11.  This act shall take effect October 1,

  8  1999.

  9

10            *****************************************

11                          HOUSE SUMMARY

12
      Provides for payment of retirement benefits by direct
13    deposit. Specifies purposes and duties of the Comptroller
      and deletes provisions creating divisions of the
14    Department of Banking and Finance. Specifies a time limit
      for filing actions to recover compensation by executive
15    branch personnel. Provides for designees of agency heads
      to perform specified functions relating to per diem and
16    travel expenses. Revises duties of the Comptroller
      relating to preparing and publishing required financial
17    information. Declares contracts for services above a
      threshold amount as public records. Requires written
18    agreements for procurement of contractual services by the
      state to contain a provision for unilateral cancellation
19    if the public is denied access to public information. See
      bill for details.
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