House Bill hb0681c1

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    Florida House of Representatives - 2001              CS/HB 681

        By the Committee on State Administration and
    Representatives Waters, Flanagan and Brummer





  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         deleting reference to the Department of Banking

  6         and Finance and substituting the Department of

  7         Insurance and Financial Services; creating s.

  8         20.121, F.S.; creating the Office of Chief

  9         Financial Officer; providing duties; creating

10         s. 20.131, F.S.; creating the Department of

11         Insurance and Financial Services; providing for

12         an executive director; providing for

13         departmental structure; creating the Offices of

14         Commissioner of Insurance and Commissioner of

15         Financial Services; providing for appointment

16         and specifying qualifications for each

17         commissioner; providing jurisdiction for each

18         commissioner's office; transferring certain

19         powers, duties, functions, rules, records,

20         personnel, property, and unexpended balances of

21         appropriations, allocations, and other funds to

22         the Office of Chief Financial Officer and the

23         Department of Insurance and Financial Services;

24         specifying that rules of the Department of

25         Banking and Finance and the Department of

26         Insurance become rules of the Department of

27         Insurance and Financial Services; specifying

28         that such rules become rules of the Office of

29         Chief Financial Officer under certain

30         circumstances; providing for preservation of

31         validity of judicial or administrative actions

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  1         involving such departments; providing for

  2         substitution of certain parties in interest in

  3         such actions; creating the Office of Transition

  4         Management; specifying powers and duties

  5         thereof; requiring reports to the Governor and

  6         the Legislature; directing the Division of

  7         Statutory Revision to prepare proposed

  8         substantive legislation by a certain time for

  9         certain purposes; repealing ss. 20.12 and

10         20.13, F.S., relating to the Department of

11         Banking and Finance and the Department of

12         Insurance, respectively; providing effective

13         dates.

14

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

16

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

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

19         20.04  Structure of executive branch.--The executive

20  branch of state government is structured as follows:

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

22  except for the Department of Insurance and Financial Services

23  Banking and Finance, the Department of Children and Family

24  Services, the Department of Corrections, the Department of

25  Management Services, the Department of Revenue, and the

26  Department of Transportation, must adhere to the following

27  standard terms:

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

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

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

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

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

  2  Each section is headed by an "administrator."

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

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

  5  "supervisors."

  6         Section 2.  Section 20.121, Florida Statutes, is

  7  created to read:

  8         20.121  Office of Chief Financial Officer.--Effective

  9  January 7, 2003, there is created the Office of Chief

10  Financial Officer. The head of the office is the Chief

11  Financial Officer. Pursuant to s. 4, Art. IV of the State

12  Constitution, the duties of the Chief Financial Officer are to

13  serve as the chief fiscal officer of the state, to settle and

14  approve accounts against the state, and to keep all state

15  funds and securities. The Chief Financial Officer is also the

16  administrator of the Government Employees Deferred

17  Compensation Plan and is responsible for carrying out laws

18  relating to unclaimed property and security for public

19  deposits.

20         Section 3.  Section 20.131, Florida Statutes, is

21  created to read:

22         20.131  Department of Insurance and Financial

23  Services.--Effective January 7, 2003, there is created the

24  Department of Insurance and Financial Services. The Governor

25  and Cabinet shall serve as head of the department.

26         (1)  EXECUTIVE DIRECTOR.--The executive director of the

27  Department of Insurance and Financial Services is the chief

28  administrator of the department and shall be appointed by the

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

30  The executive director serves at the pleasure of the Governor

31  and Cabinet. The functions of the executive director are

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  1  limited to personnel, administrative, and budgetary matters,

  2  including administrative coordination of issues that affect

  3  areas under both the Office of the Commissioner of Insurance

  4  and the Office of the Commissioner of Financial Services, and

  5  coordination of legislative activities.

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

  7  as head of the Department of Insurance and Financial Services,

  8  shall adopt rules establishing the organizational structure of

  9  the department. It is the intent of the Legislature to provide

10  the Governor and Cabinet with the flexibility to organize the

11  department in any manner they determine appropriate to promote

12  both efficiency and accountability, subject to the following

13  requirements:

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

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

16  offices are established as follows:

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

18  Office of the Commissioner of Insurance is responsible for all

19  activities of the department relating to the regulation of

20  insurance, insurance fraud, and state government risk

21  management. The head of the office is the Commissioner of

22  Insurance, who is also the State Fire Marshal.

23         2.  Office of the Commissioner of Financial

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

25  Services is responsible for all activities of the department

26  relating to the regulation of banks, credit unions, other

27  financial institutions, finance companies, securities, and

28  funeral and cemetery services. The head of the office is the

29  Commissioner of Financial Services. The office includes the

30  Division of Financial Investigations, which is headed by a

31  director who is appointed by and serves at the pleasure of the

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  1  commissioner. The division shall function as a criminal

  2  justice agency for purposes of ss. 943.045-943.08 and shall

  3  have a separate budget.

  4         (b)  For purposes of final orders under chapter 120,

  5  each commissioner is the agency head for all areas within that

  6  commissioner's jurisdiction and shall be responsible for, and

  7  take final agency action related to, orders within the

  8  regulatory authority delegated to that commissioner's office.

  9         (3)  APPOINTMENT AND QUALIFICATIONS OF

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

11  shall serve at the pleasure of, the executive director.

12  Appointment of a commissioner is subject to the approval of

13  the Governor and Cabinet. The minimum qualifications of the

14  commissioners are as follows:

15         (a)  Prior to appointment as commissioner, the

16  Commissioner of Insurance must have had, within the previous

17  10 years, at least 5 years of experience as a senior officer

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

19  an insurance agency as defined in s. 626.094, or as a senior

20  examiner or other senior employee of a state or federal agency

21  having regulatory responsibility over insurers or insurance

22  agencies.

23         (b)  Prior to appointment as commissioner, the

24  Commissioner of Financial Services must have had, within the

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

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

27  or a senior officer of a finance company or securities

28  company, or as a senior examiner or other senior employee of a

29  state or federal agency having regulatory responsibility over

30  financial institutions, finance companies, or securities

31  companies.

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  1         Section 4.  Transfers.--

  2         (1)  TRANSFERS TO THE OFFICE OF CHIEF FINANCIAL

  3  OFFICER.--

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

  5  personnel, property, and unexpended balances of

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

  7  the Comptroller;

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

  9  personnel, property, and unexpended balances of

10  appropriations, allocations, and other funds of the Department

11  of Banking and Finance that relate to the constitutional

12  functions of the Comptroller or to duties relating to

13  unclaimed property;

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

15  personnel, property, and unexpended balances of

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

17  the Treasurer, including the Government Employees Deferred

18  Compensation Plan and duties relating to security for public

19  deposits; 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

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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 5.  Effective January 7, 2003, the rules of the

16  Department of Banking and Finance and of the Department of

17  Insurance that were in effect on January 6, 2003, shall become

18  rules of the Department of Insurance and Financial Services

19  and shall remain in effect until specifically amended or

20  repealed in the manner provided by law. However, any such

21  rules that relate to the constitutional functions of the

22  Comptroller or the Treasurer shall instead become rules of the

23  Office of Chief Financial Officer and shall remain in effect

24  until amended or repealed in the manner provided by law.

25         Section 6.  This act shall not affect the validity of

26  any judicial or administrative action involving the Department

27  of Banking and Finance or the Department of Insurance pending

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

29  Financial Services shall be substituted as a party in interest

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

31  constitutional functions of the Comptroller or Treasurer, the

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  1  Office of Chief Financial Officer shall instead be substituted

  2  as a party in interest.

  3         Section 7.  Transitional provisions.--

  4         (1)  The office of executive director of the Department

  5  of Insurance and Financial Services is created effective

  6  August 1, 2001. By no later than August 1, 2001, the Governor

  7  and Cabinet shall appoint a person, subject to confirmation by

  8  the Senate, who will serve as the executive director of the

  9  department. However, until the creation of the department

10  takes effect on January 7, 2003, that person shall serve as

11  the head of the Office of Transition Management under

12  subsection (2).

13         (2)(a)  There is created the Office of Transition

14  Management. The office shall function independently but shall

15  for administrative purposes be treated as an office of the

16  Executive Office of the Governor.

17         (b)  The head of the office is the executive director

18  appointed pursuant to subsection (1), who shall serve at the

19  pleasure of the Governor and Cabinet.

20         (c)  The office shall manage the transition to the new

21  Department of Insurance and Financial Services and the new

22  Office of Chief Financial Officer. The management duties of

23  the office shall include, but not be limited to:

24         1.  Assuring that, by no later than January 7, 2003,

25  all positions within the Office of the Commissioner of

26  Insurance and the Office of the Commissioner of Financial

27  Services, including all senior management positions, are

28  occupied by qualified persons.

29         2.  Providing written recommendations to the

30  Legislature by no later than January 1, 2002, as to statutory

31  changes that are necessary or desirable to implement a

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  1  successful transition. These recommendations shall include,

  2  but not be limited to, detailed legislative recommendations

  3  regarding:

  4         a.  The need for, and structure of, investigative

  5  services by the Office of Chief Financial Officer, including

  6  confidentiality requirements.

  7         b.  Rulemaking procedures for the Department of

  8  Insurance and Financial Services, including proposals to

  9  streamline the rulemaking process and proposals regarding

10  adoption of emergency rules.

11         3.  Providing a written report that specifies, on a

12  position-by-position basis, those positions that are subject

13  to transfer to the Office of Chief Financial Officer under

14  this act. Except as revised by the General Appropriations Act

15  or other legislation, the report under this subparagraph shall

16  be used to determine which positions within the Department of

17  Banking and Finance or the Department of Insurance will become

18  positions within the Office of Chief Financial Officer, and

19  which positions will become positions within the Department of

20  Insurance and Financial Services, on January 7, 2003. The

21  office shall provide the report to the Governor, the President

22  of the Senate, the Speaker of the House of Representatives,

23  and the chair of each fiscal committee or council of the

24  Senate and the House of Representatives.

25         4.  Taking action in advance on personnel, purchasing,

26  and administrative matters.

27         5.  Submitting to the Governor and Cabinet a proposed

28  organizational plan for the Department of Insurance and

29  Financial Services, which plan the Governor and Cabinet may

30  adopt by rule.

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  1         6.  Providing monthly written status reports to the

  2  President of the Senate and the Speaker of the House of

  3  Representatives.

  4         7.  Providing such other information as may be

  5  requested by members or staff of the Legislature.

  6         (d)  The Department of Banking and Finance, the

  7  Department of Insurance, the Office of the Comptroller, and

  8  the Office of the Treasurer shall fully cooperate with the

  9  Office of Transition Management and shall promptly provide the

10  office with any requested information.

11         (e)1.  Funding for the Office of Transition Management

12  shall be as provided in the General Appropriations Act.

13         2.  As provided in s. 216.351, Florida Statutes,

14  notwithstanding any provision of law to the contrary, the

15  Legislature may appropriate equal amounts from the Financial

16  Institutions Trust Fund of the Department of Banking and

17  Finance and the Insurance Commissioner's Regulatory Trust Fund

18  of the Department of Insurance to fund the activities of the

19  Office of Transition Management.

20         Section 8.  No later than January 31, 2002, the

21  Division of Statutory Revision of the Office of Legislative

22  Services, in consultation with the appropriate substantive

23  committee staffs of the Senate and the House of

24  Representatives, shall submit to the President of the Senate

25  and the Speaker of the House of Representatives proposed

26  substantive legislation to conform the Florida Statutes to the

27  provisions of this act. The proposed legislation shall include

28  provisions:

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

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

31  Chief Financial Officer.

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  1         (2)  Changing references to the Department of Banking

  2  and Finance and 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 9.  Effective January 7, 2003, sections 20.12

15  and 20.13, Florida Statutes, are repealed.

16         Section 10.  Except as otherwise provided herein, this

17  act shall take effect upon becoming a law.

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