House Bill hb0123

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    Florida House of Representatives - 2001                 HB 123

        By Representative Flanagan






  1                      A bill to be entitled

  2         An act relating to governmental reorganization;

  3         amending s. 20.04, F.S.; providing an exception

  4         to departmental structure requirements;

  5         creating s. 20.121, F.S.; creating the Office

  6         of Chief Financial Officer; creating s. 20.131,

  7         F.S.; creating the Department of Insurance and

  8         Financial Services; providing for an executive

  9         director; providing for departmental structure;

10         creating the offices of Commissioner of

11         Insurance and Commissioner of Financial

12         Services; providing for appointment and

13         specifying qualifications for each

14         commissioner; providing jurisdiction of the

15         commissioners' offices; providing for exercise

16         of executive authority; transferring the

17         powers, duties, functions, rules, records,

18         personnel, property, and unexpended balances of

19         appropriations, allocations, and other funds of

20         the Comptroller to the Office of Chief

21         Financial Officer; transferring the powers,

22         duties, functions, rules, records, personnel,

23         property, and unexpended balances of

24         appropriations, allocations, and other funds of

25         the Department of Insurance and the Department

26         of Banking and Finance to the Department of

27         Insurance and Financial Services; specifying

28         that administrative rules of the Department of

29         Banking and Finance and the Department of

30         Insurance become administrative rules of the

31         Department of Insurance and Financial Services;

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  1         specifying that such rules become

  2         administrative rules of the Office of Chief

  3         Financial Officer under certain circumstances;

  4         providing for preservation of validity of

  5         judicial or administrative actions involving

  6         such departments; providing for substitution of

  7         certain parties in interest in such actions;

  8         requiring the Department of Insurance and the

  9         Department of Banking and Finance to provide

10         reports to the Governor and the Legislature;

11         directing the Division of Statutory Revision to

12         prepare proposed substantive legislation by a

13         certain time for certain purposes; repealing

14         ss. 20.12 and 20.13, F.S., relating to the

15         Department of Banking and Finance and the

16         Department of Insurance, respectively;

17         providing effective dates.

18

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

20

21         Section 1.  Effective January 7, 2003, subsection (3)

22  of section 20.04, Florida Statutes, is amended to read:

23         20.04  Structure of executive branch.--The executive

24  branch of state government is structured as follows:

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

26  except for the Department of Insurance and Financial Services

27  Banking and Finance, the Department of Children and Family

28  Services, the Department of Corrections, the Department of

29  Management Services, the Department of Revenue, and the

30  Department of Transportation, must adhere to the following

31  standard terms:

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

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

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

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

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

  6  Each section is headed by an "administrator."

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

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

  9  "supervisors."

10         Section 2.  Effective January 7, 2003, sections 20.121

11  and 20.131, Florida Statutes, are created to read:

12         20.121  Office of Chief Financial Officer.--There is

13  created the Office of Chief Financial Officer. The head of the

14  office is the Chief Financial Officer. Pursuant to s. 4, Art.

15  IV of the State Constitution, the duties of the Chief

16  Financial Officer are to serve as the chief fiscal officer of

17  the state, to settle and approve accounts against the state,

18  and to keep all state funds and securities. The Chief

19  Financial Officer is also the administrator of the Government

20  Employees Deferred Compensation Plan.

21         20.131  Department of Insurance and Financial

22  Services.--There is created the Department of Insurance and

23  Financial Services. The head of the Department of Insurance

24  and Financial Services is the Governor and Cabinet.

25         (1)  EXECUTIVE DIRECTOR.--The Executive Director of the

26  Department of Insurance and Financial Services is the chief

27  administrator of the department and shall be appointed by the

28  Governor and Cabinet, subject to confirmation by the Senate.

29  The executive director serves at the pleasure of the Governor

30  and Cabinet. The functions of the executive director are

31  limited to personnel, administrative, and budgetary matters,

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  1  including administrative coordination of issues that affect

  2  areas under the offices of more than one commissioner and

  3  coordination of legislative activities.

  4         (2)  DEPARTMENTAL STRUCTURE.--The Governor and Cabinet,

  5  as department head, shall adopt rules establishing the

  6  organizational structure of the department. It is the intent

  7  of the Legislature to provide the Governor and Cabinet with

  8  the flexibility to organize the department in any manner they

  9  determine appropriate to promote both efficiency and

10  accountability, subject to the following requirements:

11         (a)  The major structural unit of the department is the

12  "office." Each office is headed by a "commissioner."  The

13  offices are established as follows:

14         1.  Office of the Commissioner of Insurance.--The

15  Office of the Commissioner of Insurance is responsible for all

16  activities relating to the regulation of insurance and

17  insurance fraud.  The head of the office is the Commissioner

18  of Insurance, who is also the State Fire Marshal.

19         2.  Office of the Commissioner of Financial

20  Services.--The Office of the Commissioner of Financial

21  Services is responsible for all activities relating to the

22  regulation of banks, credit unions, other financial

23  institutions, securities, and finance companies. The head of

24  the office is the Commissioner of Financial Services. The

25  office includes a Division of Financial Investigations, which

26  is headed by a director who is appointed by and serves at the

27  pleasure of the commissioner.

28         (b)1.  For purposes of chapter 120, each commissioner

29  is the agency head for all units within that commissioner's

30  jurisdiction, as provided in paragraph (a) and rules adopted

31  pursuant to this subsection, except as provided in

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  1  subparagraph 2. Each commissioner shall be responsible for,

  2  and take final agency action related to, the implementation

  3  and enforcement of all statutes and rules within the

  4  regulatory authority delegated to that commissioner's office.

  5         2.  A commissioner, upon adopting a rule under chapter

  6  120, shall provide a copy of the rule to the Governor and

  7  Cabinet. The rule shall take effect 60 days after the rule is

  8  received by the Governor and Cabinet unless the Governor and

  9  Cabinet decides, by majority vote, to review the rule, in

10  which event operation of the rule is stayed until the Governor

11  and Cabinet decides, by majority vote, either to allow the

12  rule to take effect as adopted or to disapprove the rule. This

13  subparagraph does not apply to emergency rules.

14         (3)  APPOINTMENT AND QUALIFICATIONS OF

15  COMMISSIONERS.--Each commissioner shall be appointed by, and

16  shall serve at the pleasure of, the executive director. The

17  minimum qualifications of the commissioners are as follows:

18         (a)  Prior to appointment as commissioner, the

19  Commissioner of Insurance must have had, within the previous

20  10 years, at least 5 years of experience as a senior officer

21  of an insurer as defined in s. 624.03, as a senior officer of

22  an insurance agency as defined in s. 624.04, or as an examiner

23  or other senior employee of a state or federal agency having

24  regulatory responsibility over insurers or insurance agencies.

25         (b)  Prior to appointment as commissioner, the

26  Commissioner of Financial Services must have had, within the

27  previous 10 years, at least 5 years of experience as a senior

28  officer of a financial institution as defined in s. 655.005(1)

29  or of a securities or finance company, or as an examiner or

30  other senior employee of a state or federal agency having

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  1  regulatory responsibility over financial institutions,

  2  securities, or finance companies.

  3         Section 3.  Transfers.--

  4         (1)  TRANSFERS TO THE OFFICE OF CHIEF FINANCIAL

  5  OFFICER.--

  6         (a)  All powers, duties, functions, rules, records,

  7  personnel, property, and unexpended balances of

  8  appropriations, allocations, and other funds of the Office of

  9  the Comptroller;

10         (b)  All powers, duties, functions, rules, records,

11  personnel, property, and unexpended balances of

12  appropriations, allocations, and other funds of the Department

13  of Banking and Finance that relate to the constitutional

14  functions of the Comptroller;

15         (c)  All powers, duties, functions, rules, records,

16  personnel, property, and unexpended balances of

17  appropriations, allocations, and other funds of the Office of

18  the Treasurer, including the Government Employees Deferred

19  Compensation Plan; and

20         (d)  All powers, duties, functions, rules, records,

21  personnel, property, and unexpended balances of

22  appropriations, allocations, and other funds of the Department

23  of Insurance that relate to the constitutional functions of

24  the Treasurer

25

26  are transferred by a type two transfer, as defined in s.

27  20.06(2), Florida Statutes, to the Office of Chief Financial

28  Officer.

29         (2) TRANSFERS TO THE DEPARTMENT OF INSURANCE AND

30  FINANCIAL SERVICES.--

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  1         (a)  All powers, duties, functions, rules, records,

  2  personnel, property, and unexpended balances of

  3  appropriations, allocations, and other funds of the Department

  4  of Banking and Finance not otherwise transferred by this act;

  5  and

  6         (b)  All powers, duties, functions, rules, records,

  7  personnel, property, and unexpended balances of

  8  appropriations, allocations, and other funds of the Department

  9  of Insurance not otherwise transferred by this act

10

11  are transferred by a type two transfer, as defined in s.

12  20.06(2), Florida Statutes, to the Department of Insurance and

13  Financial Services.

14         (3)  This section shall take effect January 7, 2003.

15         Section 4.  Effective January 7, 2003, the

16  administrative rules of the Department of Banking and Finance

17  and of the Department of Insurance that were in effect

18  immediately prior to January 7, 2003, shall become rules of

19  the Department of Insurance and Financial Services and shall

20  remain in effect until specifically changed in the manner

21  provided by law. However, any such rules that relate to the

22  constitutional functions of the Comptroller or the Treasurer

23  shall instead become rules of the Office of Chief Financial

24  Officer and shall remain in effect until specifically changed

25  in the manner provided by law.

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

27  any judicial or administrative action involving the Department

28  of Banking and Finance or the Department of Insurance pending

29  on January 7, 2003, and the Department of Insurance and

30  Financial Services shall be substituted as a party in interest

31  in any such action. However, if the action involves the

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  1  constitutional functions of the Comptroller or Treasurer, the

  2  Office of Chief Financial Officer shall instead be substituted

  3  as a party in interest.

  4         Section 6.  No later than July 1, 2001, the Department

  5  of Banking and Finance and the Department of Insurance shall

  6  each provide a report to the Governor, the President of the

  7  Senate, the Speaker of the House of Representatives, and the

  8  chairs of the fiscal committees of the Senate and the House of

  9  Representatives and to the presiding officers and fiscal

10  chairs of the Senate and the House of Representatives

11  specifying, on a position-by-position basis, those positions

12  that are subject to transfer to the Office of Chief Financial

13  Officer under this act. Except as revised by the General

14  Appropriations Act or other legislation, the reports under

15  this section shall be used to determine which employees of the

16  Department of Banking and Finance or the Department of

17  Insurance will become employees of the Office of Chief

18  Financial Officer on January 7, 2003.

19         Section 7.  No later than January 31, 2002, the

20  Division of Statutory Revision of the Office of Legislative

21  Services, in consultation with the appropriate substantive

22  committee staffs of the Senate and the House of

23  Representatives, shall submit to the President of the Senate

24  and the Speaker of the House of Representatives proposed

25  substantive legislation to conform the Florida Statutes to the

26  provisions of this act. The proposed legislation shall include

27  provisions:

28         (1)  Changing the term "Comptroller" or "Treasurer" to

29  "Chief Financial Officer" with respect to functions of the

30  Chief Financial Officer.

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  1         (2)  Changing references to the Department of Banking

  2  and Finance or the Department of Insurance to the Department

  3  of Insurance and Financial Services, except with respect to

  4  functions of the Chief Financial Officer.

  5         (3)  Otherwise conforming the Florida Statutes to the

  6  abolition of the offices of Comptroller and Treasurer, the

  7  creation of the Office of Chief Financial Officer, the

  8  abolition of the Department of Banking and Finance and the

  9  Department of Insurance, the creation of the Department of

10  Insurance and Financial Services, and the creation of the

11  offices of Commissioner of Insurance and Commissioner of

12  Financial Services within the Department of Insurance and

13  Financial Services.

14         Section 8.  Effective January 7, 2003, sections 20.12

15  and 20.13, Florida Statutes, are repealed.

16         Section 9.  Except as otherwise provided herein, this

17  act shall take effect upon becoming a law.

18

19            *****************************************

20                          HOUSE SUMMARY

21
      Abolishes the Department of Insurance and the Department
22    of Banking and Finance, creates the Office of Chief
      Financial Officer and the Department of Insurance and
23    Financial Services, and transfers the powers, duties,
      functions, rules, records, personnel, property, and
24    unexpended balances of appropriations, allocations, and
      other funds of the Department of Insurance, the
25    Department of Banking and Finance, and the Comptroller to
      the Department of Insurance and Financial Services and
26    the Office of Chief Financial Officer.

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