SENATE AMENDMENT
Bill No. CS for SB's 42-E & 26-E
Amendment No. ___ Barcode 165384
CHAMBER ACTION
Senate House
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11 Senator Latvala moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
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 Financial Services Banking and
23 Finance, the Department of Children and Family Services, the
24 Department of Corrections, the Department of Management
25 Services, the Department of Revenue, and the Department of
26 Transportation, must adhere to the following standard terms:
27 (a) The principal unit of the department is the
28 "division." Each division is headed by a "director."
29 (b) The principal unit of the division is the
30 "bureau." Each bureau is headed by a "chief."
31 (c) The principal unit of the bureau is the "section."
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1 Each section is headed by an "administrator."
2 (d) If further subdivision is necessary, sections may
3 be divided into "subsections," which are headed by
4 "supervisors."
5 Section 2. Effective January 7, 2003, section 20.121,
6 Florida Statutes, is created to read:
7 20.121 Department of Financial Services.--There is
8 created a Department of Financial Services.
9 (1) DEPARTMENT HEAD.--The head of the Department of
10 Financial Services is the Chief Financial Officer.
11 (2) DIVISIONS.--The Department of Financial Services
12 shall consist of the following divisions:
13 (a) The Division of Accounting and Auditing, which
14 shall include the following bureau and office:
15 1. The Bureau of Unclaimed Property.
16 2. The Office of Fiscal Integrity which shall function
17 as a criminal justice agency for purposes of ss.
18 943.045-943.08 and shall have a separate budget. The office
19 may conduct investigations within or outside this state as the
20 bureau deems necessary to aid in the enforcement of this
21 section. If during an investigation the office has reason to
22 believe that any criminal law of this state has or may have
23 been violated, the office shall refer any records tending to
24 show such violation to state or federal law enforcement or
25 prosecutorial agencies and shall provide investigative
26 assistance to those agencies as required.
27 (b) The Division of State Fire Marshal.
28 (c) The Division of Risk Management.
29 (d) The Division of Treasury, which shall include a
30 Bureau of Deferred Compensation responsible for administering
31 the Government Employees Deferred Compensation Plan
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1 established under s. 112.215 for state employees.
2 (e) The Division of Insurance Fraud.
3 (f) The Division of Rehabilitation and Liquidation.
4 (g) The Division of Insurance Agents and Agency
5 Services.
6 (h) The Division of Consumer Services, which shall
7 include a Bureau of Funeral and Cemetery Services.
8 (i) The Division of Workers' Compensation.
9 (j) The Division of Administration.
10 (k) The Division of Legal Services.
11 (l) The Division of Information Systems.
12 (m) The Office of Insurance Consumer Advocate.
13 (3) FINANCIAL SERVICES COMMISSION.--Effective January
14 7, 2003, there is created within the Department of Financial
15 Services the Financial Services Commission, composed of the
16 Governor, the Attorney General, the Chief Financial Officer,
17 and the Commissioner of Agriculture, which shall for purposes
18 of this section be referred to as the commission. Commission
19 members shall serve as agency head of the Financial Services
20 Commission. The commission shall be a separate budget entity
21 and shall be exempt from the provisions of s. 20.052.
22 Commission action shall be by majority vote consisting of at
23 least three affirmative votes. The commission shall not be
24 subject to control, supervision, or direction by the
25 Department of Financial Services in any manner, including
26 purchasing, transactions involving real or personal property,
27 personnel, or budgetary matters.
28 (a) STRUCTURE.--The major structural unit of the
29 commission is the office. Each office shall be headed by a
30 director. The following offices are established:
31 1. The Office of Insurance Regulation, which shall be
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1 responsible for all activities concerning insurers and other
2 risk bearing entities, including licensing, rates, policy
3 forms, market conduct, claims, adjusters, issuance of
4 certificates of authority, solvency, viatical settlements,
5 premium financing, and administrative supervision, as provided
6 under the Insurance Code or chapter 636. The head of the
7 Office of Insurance Regulation is the Director of the Office
8 of Insurance Regulation.
9 2. The Office of Financial Institutions and Securities
10 Regulation, which shall be responsible for all activities of
11 the Financial Services Commission relating to the regulation
12 of banks, credit unions, other financial institutions, finance
13 companies, and the securities industry. The head of the
14 office is the Director of the Office of Financial Institutions
15 and Securities Regulation. The Office of Financial
16 Institutions and Securities Regulation shall include a Bureau
17 of Financial Investigations, which shall function as a
18 criminal justice agency for purposes of ss. 943.045-943.08 and
19 shall have a separate budget. The bureau may conduct
20 investigations within or outside this state as the bureau
21 deems necessary to aid in the enforcement of this section. If,
22 during an investigation, the office has reason to believe that
23 any criminal law of this state has or may have been violated,
24 the office shall refer any records tending to show such
25 violation to state or federal law enforcement or prosecutorial
26 agencies and shall provide investigative assistance to those
27 agencies as required.
28 (b) ORGANIZATION.--The commission shall establish by
29 rule any additional organizational structure of the offices.
30 It is the intent of the Legislature to provide the commission
31 with the flexibility to organize the offices in any manner
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1 they determine appropriate to promote both efficiency and
2 accountability.
3 (c) POWERS.--Commission members shall serve as the
4 agency head for purposes of rulemaking under ss.
5 120.536-120.565 by the commission and all subunits of the
6 commission. Each director is agency head for purposes of
7 final agency action under chapter 120 for all areas within the
8 regulatory authority delegated to the director's office.
9 (d) APPOINTMENT AND QUALIFICATIONS OF DIRECTORS.--The
10 commission shall appoint or remove each director by a majority
11 vote consisting of at least three affirmative votes, with both
12 the Governor and the Chief Financial Officer on the prevailing
13 side. The minimum qualifications of the directors are as
14 follows:
15 1. Prior to appointment as director, the director of
16 the Office of Insurance Regulation must have had, within the
17 previous 10 years, at least 5 years of responsible private
18 sector experience working full-time in areas within the scope
19 of the subject matter jurisdiction of the Office of Insurance
20 Regulation or at least 5 years of experience as a senior
21 examiner or other senior employee of a state or federal agency
22 having regulatory responsibility over insurers or insurance
23 agencies.
24 2. Prior to appointment as director, the director of
25 the Office of Financial Institutions and Securities Regulation
26 must have had, within the previous 10 years, at least 5 years
27 of responsible private sector experience working full-time in
28 areas within the subject matter jurisdiction of the Office of
29 Financial Institutions and Securities Regulation or at least 5
30 years of experience as a senior examiner or other senior
31 employee of a state or federal agency having regulatory
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1 responsibility over financial institutions, finance companies,
2 or securities companies.
3 (e) ADMINISTRATIVE SUPPORT.--The offices shall have a
4 sufficient number of attorneys, examiners, investigators,
5 other professional personnel to carry out their
6 responsibilities and administrative personnel as determined
7 annually in the appropriations process. The Department of
8 Financial Services shall provide administrative and
9 information systems support to the offices.
10 Section 3. Transfers.--
11 (1) The following programs, including the incumbent
12 employees in the existing positions of such programs on
13 January 6, 2003, and all property issued and assigned directly
14 to such employees, are hereby transferred by a type two
15 transfer, as defined in s. 20.06(2), Florida Statutes:
16 (a) From the Department of Banking and Finance to the
17 Department of Financial Services:
18 1. The Financial Accountability for Public Funds
19 Program.
20 2. The Comptroller and Cabinet Affairs Program.
21 3. The Bureau of Funeral and Cemetery Services.
22 (b) From the Department of Insurance to the Department
23 of Financial Services:
24 1. The Treasury Program.
25 2. The State Fire Marshal Program.
26 3. The Risk Management Program.
27 4. The Office of Insurance Consumer Advocate.
28 5. The Division of Insurance Fraud.
29 6. The Division of Rehabilitation and Liquidation.
30 7. The Division of Agents and Agencies Services,
31 except for those portions of the division that implement
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1 functions assigned to the Office of Insurance Regulation under
2 s. 20.121(3)(a)1., Florida Statutes, as created by this act.
3 8. The Division of Insurance Consumer Services, which
4 is renamed the Division of Consumer Services.
5 9. The Division of Legal Services, except for those
6 positions whose responsibilities involve the functions
7 assigned to the Office of Insurance Regulation.
8 10. The Division of Information Systems.
9 11. The Office of the Treasurer, the Administration
10 Program, and the Office of the Chief of Staff of the
11 Treasurer.
12 (c) From the Department of Banking and Finance to the
13 Office of Financial Institutions and Securities Regulation,
14 the Financial Institutions Regulatory Program.
15 (d) From the Department of Insurance to the Office of
16 Insurance Regulation:
17 1. The Division of Insurer Services.
18 2. Those portions of the Division of Agents and Agency
19 Services that implement functions assigned to the Office of
20 Insurance Regulation under s. 20.121(3)(a)1., Florida
21 Statutes, as created by this act.
22 3. Those positions within the Division of Legal
23 Services that are not transferred to the Department of
24 Financial Services under subparagraph (b)9.
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26 For the purposes of this section, employees transferred from
27 the Department of Banking and Finance and the Department of
28 Insurance to the Department of Financial Services or the
29 Financial Services Commission shall not be considered new
30 employees for the purpose of subjecting such employees to an
31 employee probationary period.
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1 (2) That portion of the Division of Workers'
2 Compensation transferred pursuant to chapter 2002-194, Laws of
3 Florida, to the Department of Insurance, including the
4 incumbent employees in the existing positions of such division
5 on January 6, 2003, and all property issued and assigned
6 directly to such employees, are transferred by a type two
7 transfer, as defined in s. 20.06(2), Florida Statutes, from
8 the Department of Insurance to the Department of Financial
9 Services.
10 (3) The following trust funds are transferred:
11 (a) From the Department of Banking and Finance to the
12 Department of Financial Services:
13 1. The Child Support Depository Trust Fund, FLAIR
14 number 44-2-080.
15 2. The Child Support Clearing Trust Fund, FLAIR number
16 44-2-081.
17 3. The Collections Internal Revenue Clearing Trust
18 Fund, FLAIR number 44-2-101.
19 4. The Consolidated Miscellaneous Deduction Clearing
20 Trust Fund, FLAIR number 44-2-139.
21 5. The Consolidated Payment Trust Fund, FLAIR number
22 44-2-140.
23 6. The Electronic Funds Transfer Clearing Trust Fund,
24 FLAIR number 44-2-188.
25 7. The Employee Refund Clearing Trust Fund, FLAIR
26 number 44-2-194.
27 8. The Federal Tax Levy Clearing Trust Fund, FLAIR
28 number 44-2-274.
29 9. The Federal Use of State Lands Trust Fund, FLAIR
30 number 44-2-307.
31 10. The Florida Retirement Clearing Trust Fund, FLAIR
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1 number 44-2-323.
2 11. The Hospital Insurance Tax Clearing Trust Fund,
3 FLAIR number 44-2-370.
4 12. The Miscellaneous Deductions Restoration Trust
5 Fund, FLAIR number 44-2-577.
6 13. The Preneed Funeral Contract Consumer Protection
7 Trust Fund, FLAIR number 44-2-536.
8 14. The Prison Industries Trust Fund, FLAIR number
9 44-2-385.
10 15. The Social Security Clearing Trust Fund, FLAIR
11 number 44-2-643.
12 16. The Tobacco Settlement Clearing Trust Fund, FLAIR
13 number 44-2-123.
14 17. The Trust Funds Trust Fund, FLAIR number 44-2-732.
15 18. The Unclaimed Property Trust Fund, FLAIR number
16 44-2-007.
17 19. The Working Capital Trust Fund, FLAIR number
18 44-2-792.
19 (b) From the Department of Insurance to the Department
20 of Financial Services:
21 1. The Agents and Solicitors County Tax Trust Fund,
22 FLAIR number 46-2-024.
23 2. The Florida Casualty Insurance Risk Management
24 Trust Fund, FLAIR number 46-2-078.
25 3. The Government Employees Deferred Compensation
26 Trust Fund, FLAIR number 46-2-155.
27 4. The Rehabilitation Administrative Expense Trust
28 Fund, FLAIR number 46-2-582.
29 5. The Special Disability Trust Fund, FLAIR number
30 46-2-798.
31 6. The State Treasurer Escrow Trust Fund, FLAIR number
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1 46-2-622.
2 7. The Treasurer's Administrative And Investment Trust
3 Fund, FLAIR number 46-2-725.
4 8. The Treasury Cash Deposit Trust Fund, FLAIR number
5 46-2-720.
6 9. The Treasurer Investment Trust Fund, FLAIR number
7 46-2-728.
8 10. The Workers' Compensation Administration Trust
9 Fund, FLAIR number 46-2-795.
10 (c) From the Department of Banking and Finance to the
11 Office of Financial Institutions and Securities Regulation
12 within the Department of Financial Services:
13 1. The Administrative Trust Fund, FLAIR number
14 44-2-021, except the moneys in fund account number 44-2-021003
15 are transferred from the Department of Banking and Finance to
16 the Office of Chief Financial Officer.
17 2. The Anti-Fraud Trust Fund, FLAIR number 44-2-038.
18 3. The Comptroller's Federal Equitable Sharing Trust
19 Fund, FLAIR number 44-2-719.
20 4. The Financial Institutions' Regulatory Trust Fund,
21 FLAIR number 44-2-275.
22 5. The Mortgage Brokerage Guaranty Trust Fund, FLAIR
23 number 44-2-485.
24 6. The Regulatory Trust Fund, FLAIR number 44-2-573.
25 7. The Securities Guaranty Fund, FLAIR number
26 44-2-626.
27 (d) From the Department of Insurance to the Department
28 of Financial Services, the Insurance Commissioner's Regulatory
29 Trust Fund, FLAIR number 46-2-393. There is created within the
30 trust fund a subaccount for purposes of funding the Office of
31 Insurance Regulation.
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1 (4) The authority to make appointments to the Citizens
2 Property Insurance Corporation shall remain with the Chief
3 Financial Officer as provided in Committee Substitute for
4 Senate Bill 1418 as enacted by the Legislature in the 2002
5 Regular Session.
6 (5) This section shall take effect January 7, 2003.
7 Section 4. (1) Effective January 7, 2003, the rules
8 of the Department of Banking and Finance and of the Department
9 of Insurance that were in effect on January 6, 2003, shall
10 become rules of the Department of Financial Services or the
11 Financial Services Commission as is appropriate to the
12 corresponding regulatory or constitutional function and shall
13 remain in effect until specifically amended or repealed in the
14 manner provided by law.
15 Section 5. (1) This act shall not affect the validity
16 of any judicial or administrative action involving the
17 Department of Banking and Finance or the Department of
18 Insurance pending on January 7, 2003, and the Department of
19 Financial Services, or the Financial Services Commission, or
20 the respective office, shall be substituted as a party in
21 interest in any such action.
22 (2) Notwithstanding subsection (1), if the action
23 involves the constitutional functions of the Comptroller or
24 Treasurer, the Chief Financial Officer shall instead be
25 substituted as a party in interest.
26 Section 6. Transitional provisions.--
27 (1)(a) There is created the Committee of Transition
28 Management. The committee shall function independently but
29 shall for administrative purposes be treated as an office of
30 the Executive Office of the Governor.
31 (b) The Governor, the Comptroller, the Treasurer, the
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1 chair of the House Fiscal Responsibility Council, and the
2 chair of the Senate Appropriations Committee shall each
3 appoint one member to the committee.
4 (c) The committee shall oversee the transition to the
5 new Department of Financial Services and the new Financial
6 Services Commission. The management duties of the office shall
7 include, but not be limited to:
8 1. Providing a written report that specifies the
9 placement of those positions that are transferred to the Chief
10 Financial Officer, the Department of Financial Services, and
11 the Offices of the Financial Services Commission under this
12 act. The committee shall provide the report to the Governor,
13 the Cabinet, the President of the Senate, the Speaker of the
14 House of Representatives, the chair of the House Fiscal
15 Responsibility Council, and the chair of the Senate
16 Appropriations Committee.
17 2. Submitting to the Financial Services Commission a
18 proposed organizational plan for the commission, which plan
19 the commission may adopt by rule.
20 3. Providing written recommendations to the
21 commission, the President of the Senate, and the Speaker of
22 the House of Representatives, by no later than February 1,
23 2003, as to statutory changes that are necessary or desirable
24 to facilitate the operations of the department.
25 (d) The Department of Banking and Finance, the
26 Department of Insurance, the Office of the Comptroller, and
27 the Office of the Treasurer shall fully cooperate with the
28 Committee of Transition Management and shall promptly provide
29 the office with any requested information.
30 Section 7. Notwithstanding the provisions of ss.
31 216.292 and 216.351, Florida Statutes, upon approval by the
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1 Legislative Budget Committee, the Executive Office of the
2 Governor may transfer funds and positions between agencies to
3 implement this act.
4 Section 8. Conforming legislation.--The Legislature
5 recognizes that there is a need to conform the Florida
6 Statutes to the policy decisions reflected in this act and
7 that there is a need to resolve apparent conflicts between any
8 other legislation that has been or may be enacted during 2002
9 and the creation by this act of the Department of Financial
10 Services, the Office of Insurance Regulation, the Office of
11 Financial Institutions and Securities Regulation, and the
12 Chief Financial Officer. Therefore, in the interim between
13 this act becoming a law and the 2003 Regular Session of the
14 Legislature or an earlier special session addressing this
15 issue, the Division of Statutory Revision shall provide the
16 relevant substantive committees of the Senate and the House of
17 Representatives with assistance, upon request, to enable such
18 committees to prepare draft legislation to conform the Florida
19 Statutes and any legislation enacted during 2002 to the
20 provisions of s. 20.121, Florida Statutes, as created by this
21 act. It is specifically the intent of the Legislature that,
22 until June 1, 2003, the statutory responsibility for
23 appointments to commissions, boards, associations, councils,
24 committees, or other collegial bodies now vested in the
25 Comptroller, the Treasurer, the Insurance Commissioner, or the
26 State FIre Marshal shall become the responsibility of the
27 Chief Financial Officer.
28 Section 9. Effective July 1, 2002, subsection 1 of
29 section 1. of chapter 2002-194, Laws of Florida, is amended to
30 read:
31 Section 1. (1) All powers, duties, functions, rules,
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1 records, personnel, property, and unexpended balances of
2 appropriations, allocations, and other funds of the Division
3 of Workers' Compensation are transferred by a type two
4 transfer, as defined in s. 20.06(2), Florida Statutes, from
5 the Department of Labor and Employment Security to the
6 Department of Insurance, except as otherwise provided in this
7 subsection, as follows: the full-time equivalent positions and
8 the associated funding for salaries, benefits, other capital
9 outlay, and expenses related to oversight of medical services
10 in workers' compensation provider relations, dispute and
11 complaint resolution, program evaluation, data review and
12 analysis data management, and review of carrier medical bill
13 payments on issues which are jurisdictionally governed by the
14 Agency for Health Care Administration, including, but not
15 limited to, the duties in s. 440.13(3), (7), (8), (11)(a),
16 (11)(c), (12), (13), and (14), Florida Statutes, are
17 transferred by a type two transfer, as defined in s. 20.06(2),
18 Florida Statutes, from the Department of Labor and Employment
19 Security to the Agency for Health Care Administration; the
20 full-time equivalent positions and the associated funding for
21 salaries, benefits, other capital outlay, and expenses related
22 to the rehabilitation and reemployment of injured workers are
23 transferred by a type two transfer, as defined in s. 20.06(2),
24 Florida Statutes, from the Department of Labor and Employment
25 Security to the Department of Education; and the full-time
26 equivalent positions and the associated funding for salaries,
27 benefits, other capital outlay, and expenses related to the
28 administration of child labor laws under chapter 450, Florida
29 Statutes, are transferred by a type two transfer, as defined
30 in s. 20.06(2), Florida Statutes, from the Department of Labor
31 and Employment Security to the Department of Business and
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1 Professional Regulation. To the extent feasible, the positions
2 transferred to the Department of Insurance will be
3 reclassified to pay grades comparable to the positions
4 established by the Department of Labor and Employment
5 Security, based on the classification codes and specifications
6 of the positions for work to be performed at the Department of
7 Insurance. The number of positions the department establishes
8 may not exceed the number of authorized positions and the
9 salary and benefits that were authorized for the Division of
10 Workers' Compensation within the Department of Labor and
11 Employment Security prior to the transfer. The Department of
12 Insurance is further authorized to reassign, reorganize,
13 reclassify, or otherwise transfer positions to appropriate
14 administrative subdivisions within the department and to
15 establish such regional offices as are necessary to properly
16 enforce and administer its responsibilities under the Florida
17 Insurance Code and chapter 440, Florida Statutes. The
18 department may also enter into contracts with public or
19 private entities to administer its duties and responsibilities
20 associated with the transfer of the Division of Workers'
21 Compensation.
22 Section 10. Effective July 1, 2002, Subsections (3)
23 and (4), paragraph (b) of subsection (5), paragraph (a) of
24 subsection (6), paragraphs (a), (c), (d), (e), (f), (g), and
25 (h) of subsection (7), paragraph (a) of subsection (8),
26 paragraphs (a) and (b) of subsection (9), paragraph (f) of
27 subsection (10), and subsection (11) of section 288.99,
28 Florida Statutes, are amended, paragraph (i) is added to
29 subsection (7) of said section, and subsection (17) is added
30 to said section, to read:
31 288.99 Certified Capital Company Act.--
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1 (3) DEFINITIONS.--As used in this section, the term:
2 (a) "Affiliate of an insurance company" means:
3 1. Any person directly or indirectly beneficially
4 owning, whether through rights, options, convertible
5 interests, or otherwise, controlling, or holding power to vote
6 15 10 percent or more of the outstanding voting securities or
7 other voting ownership interests of the insurance company;
8 2. Any person 15 10 percent or more of whose
9 outstanding voting securities or other voting ownership
10 interest is directly or indirectly beneficially owned, whether
11 through rights, options, convertible interests, or otherwise,
12 controlled, or held with power to vote by the insurance
13 company;
14 3. Any person directly or indirectly controlling,
15 controlled by, or under common control with the insurance
16 company;
17 4. A partnership in which the insurance company is a
18 general partner; or
19 5. Any person who is a principal, director, employee,
20 or agent of the insurance company or an immediate family
21 member of the principal, director, employee, or agent.
22 (b) "Certified capital" means an investment of cash by
23 a certified investor in a certified capital company which
24 fully funds the purchase price of either or both its equity
25 interest in the certified capital company or a qualified debt
26 instrument issued by the certified capital company.
27 (c) "Certified capital company" means a corporation,
28 partnership, or limited liability company which:
29 1. Is certified by the department in accordance with
30 this act.
31 2. Receives investments of certified capital from two
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1 or more unaffiliated certified investors.
2 3. Makes qualified investments as its primary
3 activity.
4 (d) "Certified investor" means any insurance company
5 subject to premium tax liability pursuant to s. 624.509 that
6 invests contributes certified capital.
7 (e) "Department" means the Department of Banking and
8 Finance.
9 (f) "Director" means the director of the Office of
10 Tourism, Trade, and Economic Development.
11 (g) "Early stage technology business" means a
12 qualified business that is:
13 1. Involved, at the time of the certified capital
14 company's initial investment in such business, in activities
15 related to developing initial product or service offerings,
16 such as prototype development or the establishment of initial
17 production or service processes;. The term includes a
18 qualified business that is
19 2. Less than 2 years old and has, together with its
20 affiliates, less than $3 million in annual revenues for the
21 fiscal year immediately preceding the initial investment by
22 the certified capital company on a consolidated basis, as
23 determined in accordance with generally accepted accounting
24 principles;. The term also includes
25 3. The Florida Black Business Investment Board;,
26 4. Any entity that is majority owned by the Florida
27 Black Business Investment Board;, or
28 5. Any entity in which the Florida Black Business
29 Investment Board holds a majority voting interest on the board
30 of directors.
31 (h) "Office" means the Office of Tourism, Trade, and
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1 Economic Development.
2 (i) "Premium tax liability" means any liability
3 incurred by an insurance company under the provisions of s.
4 624.509 and s. 624.5091.
5 (j) "Principal" means an executive officer of a
6 corporation, partner of a partnership, manager of a limited
7 liability company, or any other person with equivalent
8 executive functions.
9 (k) "Qualified business" means the Digital Divide
10 Trust Fund established under the State of Florida Technology
11 Office or a business that meets the following conditions as
12 evidenced by documentation required by department rule:
13 1. The business is headquartered in this state and its
14 principal business operations are located in this state or at
15 least 75 percent of the employees are employed in the state.
16 2. At the time a certified capital company makes an
17 initial investment in a business, the business would qualify
18 for investment under is a small business concern as defined in
19 13 C.F.R. s. 121.301(c) 121.201, "Size Standards Used to
20 Define Small Business Concerns" of the United States Small
21 Business Administration which is involved in manufacturing,
22 processing or assembling products, conducting research and
23 development, or providing services.
24 3. At the time a certified capital company makes an
25 initial investment in a business, the business certifies in an
26 affidavit that:
27 a. The business is unable to obtain conventional
28 financing, which means that the business has failed in an
29 attempt to obtain funding for a loan from a bank or other
30 commercial lender or that the business cannot reasonably be
31 expected to qualify for such financing under the standards of
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1 commercial lending;
2 b. The business plan for the business projects that
3 the business is reasonably expected to achieve in excess of
4 $25 million in sales revenue within 5 years after the initial
5 investment, or the business is located in a designated Front
6 Porch community, enterprise zone, urban high crime area, rural
7 job tax credit county, or nationally recognized historic
8 district;
9 c. The business will maintain its headquarters in this
10 state for the next 10 years and any new manufacturing facility
11 financed by a qualified investment will remain in this state
12 for the next 10 years, or the business is located in a
13 designated Front Porch community, enterprise zone, urban high
14 crime area, rural job tax credit county, or nationally
15 recognized historic district; and
16 d. The business has fewer than 200 employees and at
17 least 75 percent of the employees are employed in this state.
18 For purposes of this subsection, the term "qualified business"
19 also includes the Florida Black Business Investment Board, any
20 entity majority owned by the Florida Black Business Investment
21 Board, or any entity in which the Florida Black Business
22 Investment Board holds a majority voting interest on the board
23 of directors.
24 4. The term does not include:
25 a. Any business predominantly engaged in retail sales,
26 real estate development, insurance, banking, lending, or oil
27 and gas exploration.
28 b. Any business predominantly engaged in professional
29 services provided by accountants, lawyers, or physicians.
30 c. Any company that has no historical revenues and
31 either has no specific business plan or purpose or has
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1 indicated that its business plan is solely to engage in a
2 merger or acquisition with any unidentified company or other
3 entity.
4 d. Any company that has a strategic plan to grow
5 through the acquisition of firms with substantially similar
6 business which would result in the planned net loss of
7 Florida-based jobs over a 12-month period after the
8 acquisition as determined by the department.
9
10 A business predominantly engaged in retail sales, real estate
11 development, insurance, banking, lending, oil and gas
12 exploration, or engaged in professional services provided by
13 accountants, lawyers, or physicians does not constitute a
14 qualified business.
15 (l) "Qualified debt instrument" means a debt
16 instrument, or a hybrid of a debt instrument, issued by a
17 certified capital company, at par value or a premium, with an
18 original maturity date of at least 5 years after the date of
19 issuance, a repayment schedule which is no faster than a level
20 principal amortization over a 5-year period, and interest,
21 distribution, or payment features which are not related to the
22 profitability of the certified capital company or the
23 performance of the certified capital company's investment
24 portfolio.
25 (m) "Qualified distribution" means any distribution or
26 payment by to equity holders of a certified capital company
27 for:
28 1. Reasonable costs and expenses, including, but not
29 limited to, professional fees, of forming and, syndicating the
30 certified capital company, if no such costs or expenses are
31 paid to a certified investor, except as provided in
20
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1 subparagraph (4)(f)2., and the total cash, cash equivalents,
2 and other current assets permitted by sub-subparagraph
3 (5)(b)3.g. that can be converted into cash within 5 business
4 days available to the certified capital company at the time of
5 receipt of certified capital from certified investors, after
6 deducting the costs and expenses of forming and syndicating
7 the certified capital company, including any payments made
8 over time for obligations incurred at the time of receipt of
9 certified capital but excluding other future qualified
10 distributions and payments made under paragraph (9)(a), are an
11 amount equal to or greater than 50 percent of the total
12 certified capital allocated to the certified capital pursuant
13 to subsection (7);,
14 2. Reasonable costs of managing, and operating the
15 certified capital company, not exceeding 5 percent of the
16 certified capital in any single year, including an annual
17 management fee in an amount that does not exceed 2.5 percent
18 of the certified capital of the certified capital company;,
19 plus
20 3. Reasonable and necessary fees in accordance with
21 industry custom for professional services, including, but not
22 limited to, legal and accounting services, related to the
23 operation of the certified capital company; or.
24 4.2. Any projected increase in federal or state taxes,
25 including penalties and interest related to state and federal
26 income taxes, of the equity owners of a certified capital
27 company resulting from the earnings or other tax liability of
28 the certified capital company to the extent that the increase
29 is related to the ownership, management, or operation of a
30 certified capital company.
31 (n)1. "Qualified investment" means the investment of
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1 cash by a certified capital company in a qualified business
2 for the purchase of any debt, equity, or hybrid security of
3 any nature and description whatsoever, including a debt
4 instrument or security that which has the characteristics of
5 debt but which provides for conversion into equity or equity
6 participation instruments such as options or warrants.
7 2. The term does not include:
8 a. Any investment made after the effective date of
9 this act the contractual terms of which require the repayment
10 of any portion of the principal in instances, other than
11 default as determined by department rule, within 12 months
12 following the initial investment by the certified capital
13 company unless such investment has a repayment schedule no
14 faster than a level principal amortization of at least 2
15 years;
16 b. Any "follow-on" or "add-on" investment except for
17 the amount by which the new investment is in addition to the
18 amount of the certified capital company's initial investment
19 returned to it other than in the form of interest, dividends,
20 or other types of profit participation or distributions; or
21 c. Any investment in a qualified business or affiliate
22 of a qualified business that exceeds 15 percent of certified
23 capital.
24 (o) "Program One" means the $150 million in premium
25 tax credits issued under this section in 1999, the allocation
26 of such credits under this section, and the regulation of
27 certified capital companies and investments made by them
28 hereunder.
29 (p) "Program Two" means the $150 million in premium
30 tax credits to be issued under subsection (17), the allocation
31 of such credits under this section, and the regulation of
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1 certified capital companies and investments made by them
2 hereunder.
3 (4) CERTIFICATION; GROUNDS FOR DENIAL OR
4 DECERTIFICATION.--
5 (a) To operate as a certified capital company, a
6 corporation, partnership, or limited liability company must be
7 certified by the department pursuant to this act.
8 (b) An applicant for certification as a certified
9 capital company must file a verified application with the
10 department on or before December 1, 1998, a date determined in
11 rules adopted pursuant to subsection (17) in the case of
12 applicants for Program Two, in a form which the department may
13 prescribe by rule. The applicant shall submit a nonrefundable
14 application fee of $7,500 to the department. The applicant
15 shall provide:
16 1. The name of the applicant and the address of its
17 principal office and each office in this state.
18 2. The applicant's form and place of organization and
19 the relevant organizational documents, bylaws, and amendments
20 or restatements of such documents, bylaws, or amendments.
21 3. Evidence from the Department of State that the
22 applicant is registered with the Department of State as
23 required by law, maintains an active status with the
24 Department of State, and has not been dissolved or had its
25 registration revoked, canceled, or withdrawn.
26 4. The applicant's proposed method of doing business.
27 5. The applicant's financial condition and history,
28 including an audit report on the financial statements prepared
29 in accordance with generally accepted accounting principles.
30 The applicant must have, at the time of application for
31 certification, an equity capitalization of at least $500,000
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1 in the form of cash or cash equivalents. The applicant must
2 maintain this equity capitalization until the applicant
3 receives an allocation of certified capital pursuant to this
4 act showing net capital of not less than $500,000 within 90
5 days after the date the application is submitted to the
6 department. If the date of the application is more than 90
7 days after preparation of the applicant's fiscal year-end
8 financial statements, the applicant may file financial
9 statements reviewed by an independent certified public
10 accountant for the period subsequent to the audit report,
11 together with the audited financial statement for the most
12 recent fiscal year. If the applicant has been in business
13 less than 12 months, and has not prepared an audited financial
14 statement, the applicant may file a financial statement
15 reviewed by an independent certified public accountant.
16 6. Copies of any offering materials used or proposed
17 to be used by the applicant in soliciting investments of
18 certified capital from certified investors.
19 (c) Within 60 days after receipt of a verified
20 application On December 31, 1998, the department shall grant
21 or deny certification as a certified capital company. If the
22 department denies certification within the time period
23 specified, the department shall inform the applicant of the
24 grounds for the denial. If the department has not granted or
25 denied certification within the time specified, the
26 application shall be deemed approved. The department shall
27 approve the application if the department finds that:
28 1. The applicant satisfies the requirements of
29 paragraph (b).
30 2. No evidence exists that the applicant has committed
31 any act specified in paragraph (d).
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1 3. At least two of the principals have a minimum of 5
2 years of experience making venture capital investments out of
3 private equity funds, with not less than $20 million being
4 provided by third-party investors for investment in the early
5 stage of operating businesses. At least one full-time manager
6 or principal of the certified capital company who has such
7 experience must be primarily located in an office of the
8 certified capital company which is based in this state.
9 4. The applicant's proposed method of doing business
10 and raising certified capital as described in its offering
11 materials and other materials submitted to the department
12 conforms with the requirements of this section.
13 (d) The department may deny certification or decertify
14 a certified capital company if the grounds for decertification
15 are not removed or corrected within 90 days after the notice
16 of such grounds is received by the certified capital company.
17 The department may deny certification or decertify a certified
18 capital company if the certified capital company fails to
19 maintain common stock or paid in capital a net worth of at
20 least $500,000, or if the department determines that the
21 applicant, or any principal or director of the certified
22 capital company, has:
23 1. Violated any provision of this section;
24 2. Made a material misrepresentation or false
25 statement or concealed any essential or material fact from any
26 person during the application process or with respect to
27 information and reports required of certified capital
28 companies under this section;
29 3. Been convicted of, or entered a plea of guilty or
30 nolo contendere to, a crime against the laws of this state or
31 any other state or of the United States or any other country
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1 or government, including a fraudulent act in connection with
2 the operation of a certified capital company, or in connection
3 with the performance of fiduciary duties in another capacity;
4 4. Been adjudicated liable in a civil action on
5 grounds of fraud, embezzlement, misrepresentation, or deceit;
6 or
7 5.a. Been the subject of any decision, finding,
8 injunction, suspension, prohibition, revocation, denial,
9 judgment, or administrative order by any court of competent
10 jurisdiction, administrative law judge, or any state or
11 federal agency, national securities, commodities, or option
12 exchange, or national securities, commodities, or option
13 association, involving a material violation of any federal or
14 state securities or commodities law or any rule or regulation
15 adopted under such law, or any rule or regulation of any
16 national securities, commodities, or options exchange, or
17 national securities, commodities, or options association; or
18 b. Been the subject of any injunction or adverse
19 administrative order by a state or federal agency regulating
20 banking, insurance, finance or small loan companies, real
21 estate, mortgage brokers, or other related or similar
22 industries.
23 (e) The certified capital company shall file a copy of
24 its certification with the office by January 31, 1999.
25 (e)(f) Any offering material involving the sale of
26 securities of the certified capital company shall include the
27 following statement: "By authorizing the formation of a
28 certified capital company, the State of Florida does not
29 endorse the quality of management or the potential for
30 earnings of such company and is not liable for damages or
31 losses to a certified investor in the company. Use of the
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1 word 'certified' in an offering does not constitute a
2 recommendation or endorsement of the investment by the State
3 of Florida. Investments in a certified capital company prior
4 to the time such company is certified are not eligible for
5 premium tax credits. If applicable provisions of law are
6 violated, the state may require forfeiture of unused premium
7 tax credits and repayment of used premium tax credits by the
8 certified investor."
9 (f)1.(g) No insurance company or any affiliate of an
10 insurance company shall, directly or indirectly, own, whether
11 through rights, options, convertible interests, or otherwise,
12 15 percent or more of the voting equity interests of or manage
13 or control the direction of investments of a certified capital
14 company. This prohibition does not preclude a certified
15 investor, insurance company, or any other party from
16 exercising its legal rights and remedies, which may include
17 interim management of a certified capital company, if a
18 certified capital company is in default of its obligations
19 under law or its contractual obligations to such certified
20 investor, insurance company, or other party. Nothing in this
21 subparagraph shall limit an insurance company's ownership of
22 nonvoting equity interests in a certified capital company.
23 2. A certified capital company may obtain a guaranty,
24 indemnity, bond, insurance policy or other payment undertaking
25 in favor of all of the certified investors of the certified
26 capital company and its affiliates; provided that the entity
27 from which such guaranty, indemnity, bond, insurance policy or
28 other payment undertaking is obtained may not be a certified
29 investor of, or be affiliated with more than one certified
30 investor of, the certified capital company.
31 (g)(h) On or before December 31 of each year, each
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1 certified capital company shall pay to the department an
2 annual, nonrefundable renewal certification fee of $5,000. If
3 a certified capital company fails to pay its renewal fee by
4 the specified deadline, the company must pay a late fee of
5 $5,000 in addition to the renewal fee on or by January 31 of
6 each year in order to continue its certification in the
7 program. On or before April 30 of each year, each certified
8 capital company shall file audited financial statements with
9 the department. No renewal fees shall be required within 6
10 months after the date of initial certification.
11 (h)(i) The department shall administer and provide for
12 the enforcement of certification requirements for certified
13 capital companies as provided in this act. The department may
14 adopt any rules necessary to carry out its duties,
15 obligations, and powers related to certification, renewal of
16 certification, or decertification of certified capital
17 companies and may perform any other acts necessary for the
18 proper administration and enforcement of such duties,
19 obligations, and powers.
20 (i)(j) Decertification of a certified capital company
21 under this subsection does not affect the ability of certified
22 investors in such certified capital company from claiming
23 future premium tax credits earned as a result of an investment
24 in the certified capital company during the period in which it
25 was duly certified.
26 (5) INVESTMENTS BY CERTIFIED CAPITAL COMPANIES.--
27 (b) All capital not invested in qualified investments
28 by the certified capital company:
29 1. Must be held in a financial institution as defined
30 by s. 655.005(1)(h) or held by a broker-dealer registered
31 under s. 517.12, except as set forth in sub-subparagraph 3.g.
28
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1 2. Must not be invested in a certified investor of the
2 certified capital company or any affiliate of the certified
3 investor of the certified capital company, except for an
4 investment permitted by sub-subparagraph 3.g., provided
5 repayment terms do not permit the obligor to directly or
6 indirectly manage or control the investment decisions of the
7 certified capital company.
8 3. Must be invested only in:
9 a. Any United States Treasury obligations;
10 b. Certificates of deposit or other obligations,
11 maturing within 3 years after acquisition of such certificates
12 or obligations, issued by any financial institution or trust
13 company incorporated under the laws of the United States;
14 c. Marketable obligations, maturing within 10 5 years
15 or less after the acquisition of such obligations, which are
16 rated "A" or better by any nationally recognized credit rating
17 agency;
18 d. Mortgage-backed securities, with an average life of
19 5 years or less, after the acquisition of such securities,
20 which are rated "A" or better by any nationally recognized
21 credit rating agency;
22 e. Collateralized mortgage obligations and real estate
23 mortgage investment conduits that are direct obligations of an
24 agency of the United States Government; are not private-label
25 issues; are in book-entry form; and do not include the classes
26 of interest only, principal only, residual, or zero; or
27 f. Interests in money market funds, the portfolio of
28 which is limited to cash and obligations described in
29 sub-subparagraphs a.-d.; or
30 g. Obligations that are issued by an insurance company
31 that is not a certified investor of the certified capital
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1 company making the investment, that has provided a guarantee
2 indemnity bond, insurance policy, or other payment undertaking
3 in favor of the certified capital company's certified
4 investors as permitted by subparagraph (3)(m)1. or an
5 affiliate of such insurance company as defined by subparagraph
6 (3)(a)3. that is not a certified investor of the certified
7 capital company making the investment, provided that such
8 obligations are:
9 (I) Issued or guaranteed as to principal by an entity
10 whose senior debt is rated "AA" or better by Standard & Poor's
11 Ratings Group or such other nationally recognized credit
12 rating agency as the department may by rule determine.
13 (II) Not subordinated to other unsecured indebtedness
14 of the issuer or the guarantor.
15 (III) Invested by such issuing entity in accordance
16 with sub-subparagraphs 3.a.-f.
17 (IV) Readily convertible into cash within 5 business
18 days for the purpose of making a qualified investment unless
19 such obligations are held to provide a guarantee, indemnity
20 bond, insurance policy, or other payment undertaking in favor
21 of the certified capital company's certified investors as
22 permitted by subparagraph (3)(m)1.
23 (6) PREMIUM TAX CREDIT; AMOUNT; LIMITATIONS.--
24 (a) Any certified investor who makes an investment of
25 certified capital shall earn a vested credit against premium
26 tax liability equal to 100 percent of the certified capital
27 invested by the certified investor. Certified investors shall
28 be entitled to use no more than 10 percentage points of the
29 vested premium tax credit earned under a particular program,
30 including any carryforward credits from such program under
31 this act, per year beginning with premium tax filings for
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1 calendar year 2000 for credits earned under Program One. Any
2 premium tax credits not used by certified investors in any
3 single year may be carried forward and applied against the
4 premium tax liabilities of such investors for subsequent
5 calendar years. The carryforward credit may be applied
6 against subsequent premium tax filings through calendar year
7 2017.
8 (7) ANNUAL TAX CREDIT; MAXIMUM AMOUNT; ALLOCATION
9 PROCESS.--
10 (a) The total amount of tax credits which may be
11 allocated by the office shall not exceed $150 million with
12 respect to Program One and $150 million with respect to
13 Program Two. The total amount of tax credits which may be used
14 by certified investors under this act shall not exceed $15
15 million annually with respect to credits earned under Program
16 One and $15 million annually with respect to credits earned
17 under Program Two.
18 (c) Each certified capital company must apply to the
19 office for an allocation of premium tax credits for potential
20 certified investors by March 15, 1999, on a form developed by
21 the office with the cooperation of the Department of Revenue.
22 The form shall be accompanied by an affidavit from each
23 potential certified investor confirming that the potential
24 certified investor has agreed to make an investment of
25 certified capital in a certified capital company up to a
26 specified amount, subject only to the receipt of a premium tax
27 credit allocation pursuant to this subsection. No certified
28 capital company shall submit premium tax allocation claims on
29 behalf of certified investors that in the aggregate would
30 exceed the total dollar amount appropriated by the Legislature
31 for the specific program. No allocation shall be made to the
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1 potential investors of a certified capital company under
2 Program Two unless such certified capital company has filed
3 premium tax allocation claims that would result in an
4 allocation to the potential investors in such certified
5 capital company of not less than $15 million in the aggregate.
6 (d) On or before April 1, 1999, The office shall
7 inform each certified capital company of its share of total
8 premium tax credits available for allocation to each of its
9 potential investors.
10 (e) If a certified capital company does not receive
11 certified capital equaling the amount of premium tax credits
12 allocated to a potential certified investor for which the
13 investor filed a premium tax allocation claim within 10
14 business days after the investor received a notice of
15 allocation, the certified capital company shall notify the
16 office by overnight common carrier delivery service of the
17 company's failure to receive the capital. That portion of the
18 premium tax credits allocated to the certified capital company
19 shall be forfeited. If the office must make a pro rata
20 allocation under paragraph (f), the office shall reallocate
21 such available credits among the other certified capital
22 companies on the same pro rata basis as the initial
23 allocation.
24 (f) If the total amount of capital committed by all
25 certified investors to certified capital companies in premium
26 tax allocation claims under Program Two exceeds the aggregate
27 cap on the amount of credits that may be awarded under Program
28 Two, the premium tax credits that may be allowed to any one
29 certified investor under Program Two shall be allocated using
30 the following ratio:
31
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1 A/B = X/>$150,000,000
2
3 where the letter "A" represents the total amount of certified
4 capital certified investors have agreed to invest in any one
5 certified capital company under Program Two, the letter "B"
6 represents the aggregate amount of certified capital that all
7 certified investors have agreed to invest in all certified
8 capital companies under Program Two, the letter "X" is the
9 numerator and represents the total amount of premium tax
10 credits and certified capital that may be allocated to a
11 certified capital company on a date determined by rule adopted
12 by the department pursuant to subsection (17) in calendar year
13 1999, and $150 million is the denominator and represents the
14 total amount of premium tax credits and certified capital that
15 may be allocated to all certified investors under Program Two
16 in calendar year 1999. Any such premium tax credits are not
17 first available for utilization until annual filings are made
18 in 2001 for calendar year 2000 in the case of Program One, and
19 the tax credits may be used at a rate not to exceed 10 percent
20 annually per program.
21 (g) The maximum amount of certified capital for which
22 premium tax allocation claims may be filed on behalf of any
23 certified investor and its affiliates by one or more certified
24 capital companies may not exceed $15 million for Program One
25 and $22.5 million for Program Two.
26 (h) To the extent that less than $150 million in
27 certified capital is raised in connection with the procedure
28 set forth in paragraphs (c)-(g), the department may adopt
29 rules to allow a subsequent allocation of the remaining
30 premium tax credits authorized under this section.
31 (i) The office shall issue a certification letter for
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1 each certified investor, showing the amount invested in the
2 certified capital company under each program. The applicable
3 certified capital company shall attest to the validity of the
4 certification letter.
5 (8) ANNUAL TAX CREDIT; CLAIM PROCESS.--
6 (a) On an annual basis, on or before January December
7 31, each certified capital company shall file with the
8 department and the office, in consultation with the
9 department, on a form prescribed by the office, for each
10 calendar year:
11 1. The total dollar amount the certified capital
12 company received from certified investors, the identity of the
13 certified investors, and the amount received from each
14 certified investor during the immediately preceding calendar
15 year.
16 2. The total dollar amount the certified capital
17 company invested and the amount invested in qualified
18 businesses, together with the identity and location of those
19 businesses and the amount invested in each qualified business
20 during the immediately preceding calendar year.
21 3. For informational purposes only, the total number
22 of permanent, full-time jobs either created or retained by the
23 qualified business during the immediately preceding calendar
24 year, the average wage of the jobs created or retained, the
25 industry sectors in which the qualified businesses operate,
26 and any additional capital invested in qualified businesses
27 from sources other than certified capital companies.
28 (9) REQUIREMENT FOR 100 PERCENT INVESTMENT; STATE
29 PARTICIPATION.--
30 (a) A certified capital company may make qualified
31 distributions at any time. In order to make a distribution to
34
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1 its equity holders, other than a qualified distribution from
2 funds related to a particular program, a certified capital
3 company must have invested an amount cumulatively equal to 100
4 percent of its certified capital raised under such program in
5 qualified investments. Payments to debt holders of a certified
6 capital company, however, may be made without restriction with
7 respect to repayments of principal and interest on
8 indebtedness owed to them by a certified capital company,
9 including indebtedness of the certified capital company on
10 which certified investors earned premium tax credits. A debt
11 holder that is also a certified investor or equity holder of a
12 certified capital company may receive payments with respect to
13 such debt without restrictions.
14 (b) Cumulative distributions from a certified capital
15 company from funds related to a particular program to its
16 certified investors and equity holders under such program,
17 other than qualified distributions, in excess of the certified
18 capital company's original certified capital raised under such
19 program and any additional capital contributions to the
20 certified capital company with respect to such program may be
21 audited by a nationally recognized certified public accounting
22 firm acceptable to the department, at the expense of the
23 certified capital company, if the department directs such
24 audit be conducted. The audit shall determine whether
25 aggregate cumulative distributions from the funds related to a
26 particular program made by the certified capital company to
27 all certified investors and equity holders under such program,
28 other than qualified distributions, have equaled the sum of
29 the certified capital company's original certified capital
30 raised under such program and any additional capital
31 contributions to the certified capital company with respect to
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1 such program. If at the time of any such distribution made by
2 the certified capital company, such distribution taken
3 together with all other such distributions from the funds
4 related to such program made by the certified capital company,
5 other than qualified distributions, exceeds in the aggregate
6 the sum of the certified capital company's original certified
7 capital raised under such program and any additional capital
8 contributions to the certified capital company with respect to
9 such program, as determined by the audit, the certified
10 capital company shall pay to the Department of Revenue 10
11 percent of the portion of such distribution in excess of such
12 amount. Payments to the Department of Revenue by a certified
13 capital company pursuant to this paragraph shall not exceed
14 the aggregate amount of tax credits used by all certified
15 investors in such certified capital company for such program.
16 (10) DECERTIFICATION.--
17 (f) Decertification of a certified capital company for
18 failure to meet all requirements for continued certification
19 under paragraph (5)(a) with respect to the certified capital
20 raised under a particular program may cause the recapture of
21 premium tax credits previously claimed by such company under
22 such program and the forfeiture of future premium tax credits
23 to be claimed by certified investors under such program with
24 respect to such certified capital company, as follows:
25 1. Decertification of a certified capital company
26 within 3 years after its certification date with respect to a
27 particular program shall cause the recapture of all premium
28 tax credits earned under such program and previously claimed
29 by such company and the forfeiture of all future premium tax
30 credits earned under such program which are to be claimed by
31 certified investors with respect to such company.
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1 2. When a certified capital company meets all
2 requirements for continued certification under subparagraph
3 (5)(a)1. with respect to certified capital raised under a
4 particular program and subsequently fails to meet the
5 requirements for continued certification under the provisions
6 of subparagraph (5)(a)2. with respect to certified capital
7 raised under such program, those premium tax credits earned
8 under such program which have been or will be taken by
9 certified investors within 3 years after the certification
10 date of the certified capital company with respect to such
11 program shall not be subject to recapture or forfeiture;
12 however, all premium tax credits earned under such program
13 that have been or will be taken by certified investors after
14 the third anniversary of the certification date of the
15 certified capital company for such program shall be subject to
16 recapture or forfeiture.
17 3. When a certified capital company meets all
18 requirements for continued certification under subparagraphs
19 (5)(a)1. and 2. with respect to a particular program and
20 subsequently fails to meet the requirements for continued
21 certification under the subparagraph (5)(a)3. with respect to
22 such program, those premium tax credits earned under such
23 program which have been or will be taken by certified
24 investors within 4 years after the certification date of the
25 certified capital company with respect to such program shall
26 not be subject to recapture or forfeiture; however, all
27 premium tax credits earned under such program that have been
28 or will be taken by certified investors after the fourth
29 anniversary of the certification date of the certified capital
30 company with respect to such program shall be subject to
31 recapture and forfeiture.
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1 4. If a certified capital company has met all
2 requirements for continued certification under paragraph
3 (5)(a) with respect to certified capital raised under a
4 particular program, but such company is subsequently
5 decertified, those premium tax credits earned under such
6 program which have been or will be taken by certified
7 investors within 5 years after the certification date of such
8 company with respect to such program shall not be subject to
9 recapture or forfeiture. Those premium tax credits earned
10 under such program to be taken subsequent to the 5th year of
11 certification with respect to such program shall be subject to
12 forfeiture only if the certified capital company is
13 decertified within 5 years after its certification date with
14 respect to such program.
15 5. If a certified capital company has invested an
16 amount cumulatively equal to 100 percent of its certified
17 capital raised under a particular program in qualified
18 investments, all premium tax credits claimed or to be claimed
19 by its certified investors under such program shall not be
20 subject to recapture or forfeiture.
21 (11) TRANSFERABILITY.--The premium tax credit
22 established pursuant to this act may be transferred or sold.
23 The Department of Revenue shall adopt rules to facilitate the
24 transfer or sale of such premium tax credits. A transfer or
25 sale shall not affect the time schedule for taking the premium
26 tax credit as provided in this act. Any premium tax credits
27 recaptured shall be the liability of the taxpayer who actually
28 claimed the premium tax credits. The claim of a transferee of
29 a certified investor's unused premium tax credit shall be
30 permitted in the same manner and subject to the same
31 provisions and limitations of this act as the original
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1 certified investor. The term "transferee" means any person
2 who:
3 (a) Through the voluntary sale, assignment, or other
4 transfer of the business or control of the business of the
5 certified investor, including the sale or other transfer of
6 stock or assets by merger, consolidation, or dissolution,
7 succeeds to all or substantially all of the business and
8 property of the certified investor;
9 (b) Becomes by operation of law or otherwise the
10 parent company of the certified investor;
11 (c) Directly or indirectly owns, whether through
12 rights, options, convertible interests, or otherwise,
13 controls, or holds power to vote 10 percent or more of the
14 outstanding voting securities or other ownership interest of
15 the certified investor;
16 (d) Is a subsidiary of the certified investor or 10
17 percent or more of whose outstanding voting securities or
18 other ownership interest are directly or indirectly owned,
19 whether through rights, options, convertible interests, or
20 otherwise, by the certified investor; or
21 (e) Directly or indirectly controls, is controlled by,
22 or is under the common control with the certified investor.
23 Section 11. Except as otherwise specifically provided
24 in this act, the provisions of this act shall apply only to
25 "Program Two" as defined in s. 288.99(3), Florida Statutes, as
26 amended by this act.
27 (17) Notwithstanding the limitations set forth in
28 paragraph (7)(a), in the first fiscal year in which the total
29 insurance premium tax collections as determined by the Revenue
30 Estimating Conference exceed collections for fiscal year
31 2000-2001 by more than the total amount of tax credits issued
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1 pursuant to this section which were used by certified
2 investors in that year, the office may allocate to certified
3 investors in accordance with paragraph (7)(a) tax credits for
4 Program Two. The department shall establish, by rule, a date
5 and procedures by which certified capital companies must file
6 applications for allocations of such additional premium tax
7 credits, which date shall be no later than 180 days from the
8 date of determination by the Revenue Estimating Conference.
9 With respect to new certified capital invested and premium tax
10 credits earned pursuant to this subsection, the schedule
11 specified in subparagraphs (5)(a)1.-4. is satisfied by
12 investments by December 31 of the 2nd, 3rd, 4th, and 5th
13 calendar year, respectively, after the date established by the
14 department for applications of additional premium tax credits.
15 The department shall adopt rules by which an entity not
16 already certified as a certified capital company may apply for
17 certification as a certified capital company for participation
18 in this additional allocation. The insurance premium tax
19 credit authorized by Program Two may not be used by certified
20 investors until the annual return due March 1, 2004, and may
21 be used on all subsequent returns and estimated payments;
22 however, notwithstanding the provisions of s. 624.5092(2)(b),
23 the installments of taxes due and payable on April 15, 2004,
24 and June 15, 2004, shall be based on the net tax due in 2003
25 not taking into account credits granted pursuant to this
26 section for Program Two.
27 Section 12. Subsection (20) is added to section
28 517.12, Florida Statutes, to read:
29 517.12 Registration of dealers, associated persons,
30 investment advisers, and branch offices.--
31 (20) Subject to approval of the Chief Financial
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1 Officer, the registration requirements of this section do not
2 apply to individuals licensed under s. 626.041 or its
3 successor statute, or s. 626.051 or its successor statute, for
4 the sale of a security as defined in s. 517.021(19)(g), if the
5 individual is directly authorized by the issuer to offer or
6 sell the security on behalf of the issuer and the issuer is a
7 federally chartered savings bank subject to regulation by the
8 Federal Deposit Insurance Corporation.
9 Section 13. Subsection (21) of section 570.07, Florida
10 Statutes, is amended to read:
11 570.07 Department of Agriculture and Consumer
12 Services; functions, powers, and duties.--The department shall
13 have and exercise the following functions, powers, and duties:
14 (21) To declare an emergency when one exists in any
15 matter pertaining to agriculture; to make, adopt, and
16 promulgate rules and issue orders which will be effective
17 during the term of the emergency; and to issue or require to
18 be issued food safety information, pertaining to the
19 emergency, that is based on reliable scientific facts and
20 reliable scientific data. When the Commissioner of Agriculture
21 has declared an agricultural emergency, no county or municipal
22 ordinance relating to any action intended to end the emergency
23 shall be enforced within a county or municipality with respect
24 to such action taken by the Department of Agriculture and
25 Consumer Services during the agricultural emergency.
26 Section 14. Paragraph (b) of subsection (4), paragraph
27 (a) of subsection (5), and paragraphs (a) and (c) of
28 subsection (6) of section 624.91, Florida Statutes, as amended
29 by section 20 of chapter 2001-377, Laws of Florida, are
30 amended to read:
31 624.91 The Florida Healthy Kids Corporation Act.--
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1 (4) CORPORATION AUTHORIZATION, DUTIES, POWERS.--
2 (b) The Florida Healthy Kids Corporation shall phase
3 in a program to:
4 1. Organize school children groups to facilitate the
5 provision of comprehensive health insurance coverage to
6 children;
7 2. Arrange for the collection of any family, local
8 contributions, or employer payment or premium, in an amount to
9 be determined by the board of directors, to provide for
10 payment of premiums for comprehensive insurance coverage and
11 for the actual or estimated administrative expenses;
12 3. Establish the administrative and accounting
13 procedures for the operation of the corporation;
14 4. Establish, with consultation from appropriate
15 professional organizations, standards for preventive health
16 services and providers and comprehensive insurance benefits
17 appropriate to children; provided that such standards for
18 rural areas shall not limit primary care providers to
19 board-certified pediatricians;
20 5. Establish eligibility criteria which children must
21 meet in order to participate in the program;
22 6. Establish procedures under which applicants to and
23 participants in the program may have grievances reviewed by an
24 impartial body and reported to the board of directors of the
25 corporation;
26 7. Establish participation criteria and, if
27 appropriate, contract with an authorized insurer, health
28 maintenance organization, or insurance administrator to
29 provide administrative services to the corporation;
30 8. Establish enrollment criteria which shall include
31 penalties or waiting periods of not fewer than 60 days for
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1 reinstatement of coverage upon voluntary cancellation for
2 nonpayment of family premiums;
3 9. If a space is available, establish a special open
4 enrollment period of 30 days' duration for any child who is
5 enrolled in Medicaid or Medikids if such child loses Medicaid
6 or Medikids eligibility and becomes eligible for the Florida
7 Healthy Kids program;
8 10. Contract with authorized insurers or any provider
9 of health care services, meeting standards established by the
10 corporation, for the provision of comprehensive insurance
11 coverage to participants. Such standards shall include
12 criteria under which the corporation may contract with more
13 than one provider of health care services in program sites.
14 Health plans shall be selected through a competitive bid
15 process. The selection of health plans shall be based
16 primarily on quality criteria established by the board. The
17 health plan selection criteria and scoring system, and the
18 scoring results, shall be available upon request for
19 inspection after the bids have been awarded;
20 11. Develop and implement a plan to publicize the
21 Florida Healthy Kids Corporation, the eligibility requirements
22 of the program, and the procedures for enrollment in the
23 program and to maintain public awareness of the corporation
24 and the program;
25 12. Secure staff necessary to properly administer the
26 corporation. Staff costs shall be funded from state and local
27 matching funds and such other private or public funds as
28 become available. The board of directors shall determine the
29 number of staff members necessary to administer the
30 corporation;
31 13. As appropriate, enter into contracts with local
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1 school boards or other agencies to provide onsite information,
2 enrollment, and other services necessary to the operation of
3 the corporation;
4 14. Provide a report annually on an annual basis to
5 the Governor, Chief Financial Officer Insurance Commissioner,
6 Commissioner of Education, Senate President, Speaker of the
7 House of Representatives, and Minority Leaders of the Senate
8 and the House of Representatives;
9 15. Each fiscal year, establish a maximum number of
10 participants by county, on a statewide basis, who may enroll
11 in the program without the benefit of local matching funds.
12 Thereafter, the corporation may establish local matching
13 requirements for supplemental participation in the program.
14 The corporation may vary local matching requirements and
15 enrollment by county depending on factors which may influence
16 the generation of local match, including, but not limited to,
17 population density, per capita income, existing local tax
18 effort, and other factors. The corporation also may accept
19 in-kind match in lieu of cash for the local match requirement
20 to the extent allowed by Title XXI of the Social Security Act;
21 and
22 16. Establish eligibility criteria, premium and
23 cost-sharing requirements, and benefit packages which conform
24 to the provisions of the Florida Kidcare program, as created
25 in ss. 409.810-409.820; and
26 17. Notwithstanding the requirements of subparagraph
27 15. to the contrary, establish a local matching requirement of
28 $0.00 for the Title XXI program in each county of the state
29 for the 2001-2002 fiscal year. This subparagraph shall take
30 effect upon becoming a law and shall operate retroactively to
31 July 1, 2001. This subparagraph expires July 1, 2002.
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1 (5) BOARD OF DIRECTORS.--
2 (a) The Florida Healthy Kids Corporation shall operate
3 subject to the supervision and approval of a board of
4 directors chaired by the Chief Financial Officer Insurance
5 Commissioner or her or his designee, and composed of 14 12
6 other members selected for 3-year terms of office as follows:
7 1. One member appointed by the Commissioner of
8 Education from among three persons nominated by the Florida
9 Association of School Administrators;
10 2. One member appointed by the Commissioner of
11 Education from among three persons nominated by the Florida
12 Association of School Boards;
13 3. One member appointed by the Commissioner of
14 Education from the Office of School Health Programs of the
15 Florida Department of Education;
16 4. One member appointed by the Governor from among
17 three members nominated by the Florida Pediatric Society;
18 5. One member, appointed by the Governor, who
19 represents the Children's Medical Services Program;
20 6. One member appointed by the Chief Financial Officer
21 Insurance Commissioner from among three members nominated by
22 the Florida Hospital Association;
23 7. Two members, appointed by the Chief Financial
24 Officer Insurance Commissioner, who are representatives of
25 authorized health care insurers or health maintenance
26 organizations;
27 8. One member, appointed by the Chief Financial
28 Officer Insurance Commissioner, who represents the Institute
29 for Child Health Policy;
30 9. One member, appointed by the Governor, from among
31 three members nominated by the Florida Academy of Family
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1 Physicians;
2 10. One member, appointed by the Governor, who
3 represents the Agency for Health Care Administration; and
4 11. One member, appointed by the Chief Financial
5 Officer, from among three members nominated by the Florida
6 Association of Counties, representing rural counties;
7 12. One member, appointed by the Governor, from among
8 three members nominated by the Florida Association of
9 Counties, representing urban counties; and
10 13.11. The State Health Officer or her or his
11 designee.
12 (6) LICENSING NOT REQUIRED; FISCAL OPERATION.--
13 (a) The corporation shall not be deemed an insurer.
14 The officers, directors, and employees of the corporation
15 shall not be deemed to be agents of an insurer. Neither the
16 corporation nor any officer, director, or employee of the
17 corporation is subject to the licensing requirements of the
18 insurance code or the rules of the Department of Financial
19 Services Insurance. However, any marketing representative
20 utilized and compensated by the corporation must be appointed
21 as a representative of the insurers or health services
22 providers with which the corporation contracts.
23 (c) The Department of Financial Services Insurance
24 shall supervise any liquidation or dissolution of the
25 corporation and shall have, with respect to such liquidation
26 or dissolution, all power granted to it pursuant to the
27 insurance code.
28 Section 15. Sections 633.801, 633.802, 633.803,
29 633.804, 633.805, 633.806, 633.807, 633.808, 633.809, 633.810,
30 633.811, 633.812, 633.813, 633.814, 633.815, 633.816, 633.817,
31 633.818, 633.819, 633.820, and 633.821, Florida Statutes, are
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1 created to read:
2 633.801 Short title.--Sections 633.801-633.821 may be
3 cited as the "Florida Firefighters Occupational Safety and
4 Health Act."
5 633.802 Definitions.--Unless the context clearly
6 requires otherwise, the following definitions shall apply to
7 ss. 633.801-633.821:
8 (1) "Department" means the Department of Insurance.
9 (2) "Division" means the Division of State Fire
10 Marshal of the department.
11 (3) "Firefighter employee" means any person engaged in
12 any employment, public or private, as a firefighter under any
13 appointment or contract of hire or apprenticeship, express or
14 implied, oral or written, whether lawfully or unlawfully
15 employed, responding to or assisting with fire or medical
16 emergencies, whether or not the firefighter is on duty, except
17 those appointed under s. 590.02(1)(d).
18 (4) "Firefighter employer" means the state and all
19 political subdivisions of this state, all public and
20 quasi-public corporations in this state, and every person
21 carrying on any employment for this state, political
22 subdivisions of this state, and public and quasi-public
23 corporations in this state which employs firefighters, except
24 those appointed under s. 590.02(1)(d).
25 (5) "Firefighter employment" or "employment" means any
26 service performed by a firefighter employee for the
27 firefighter employer.
28 (6) "Firefighter place of employment" or "place of
29 employment" means the physical location at which the
30 firefighter is employed.
31 633.803 Legislative intent.--It is the intent of the
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1 Legislature to enhance firefighter occupational safety and
2 health in the state through the implementation and maintenance
3 of policies, procedures, practices, rules, and standards that
4 reduce the incidence of firefighter employee accidents,
5 firefighter employee occupational diseases, and firefighter
6 employee fatalities compensable under chapter 440 or
7 otherwise. The Legislature further intends that the division
8 develop a means by which the division can identify individual
9 firefighter employers with a high frequency or severity of
10 work-related injuries, conduct safety inspections of those
11 firefighter employers, and assist those firefighter employers
12 in the development and implementation of firefighter employee
13 safety and health programs. In addition, it is the intent of
14 the Legislature that the division administer the provisions of
15 ss. 633.801-633.821; provide assistance to firefighter
16 employers, firefighter employees, and insurers; and enforce
17 the policies, rules, and standards set forth in ss.
18 633.801-633.821.
19 633.804 Safety inspections and consultations;
20 rules.--The division shall adopt rules governing the manner,
21 means, and frequency of firefighter employer and firefighter
22 employee safety inspections and consultations by all insurers
23 and self-insurers.
24 633.805 Division to make study of firefighter employee
25 occupational diseases.--The division shall make a continuous
26 study of firefighter employee occupational diseases and the
27 ways and means for their control and prevention and shall
28 adopt rules necessary for such control and prevention. For
29 this purpose, the division is authorized to cooperate with
30 firefighter employers, firefighter employees, and insurers and
31 with the Department of Health.
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1 633.806 Investigations by the division; refusal to
2 admit; penalty.--
3 (1) The division shall make studies and investigations
4 with respect to safety provisions and the causes of
5 firefighter employee injuries in firefighter employee places
6 of employment and shall make such recommendations to the
7 Legislature and firefighter employers and insurers as the
8 division considers proper as to the best means of preventing
9 firefighter injuries. In making such studies and
10 investigations, the division may cooperate with any agency of
11 the United States charged with the duty of enforcing any law
12 securing safety against injury in any place of firefighter
13 employment covered by ss. 633.801-633.821 or any agency or
14 department of the state engaged in enforcing any law to ensure
15 safety for firefighter employees.
16 (2) The division by rule may adopt procedures for
17 conducting investigations of firefighter employers under ss.
18 633.801-633.821.
19 633.807 Safety; firefighter employer
20 responsibilities.--Every firefighter employer shall furnish
21 and use safety devices and safeguards, adopt and use methods
22 and processes reasonably adequate to render such an employment
23 and place of employment safe, and do every other thing
24 reasonably necessary to protect the lives, health, and safety
25 of such firefighter employees. As used in this section, the
26 terms "safe" and "safety," as applied to any employment or
27 place of firefighter employment, mean such freedom from danger
28 as is reasonably necessary for the protection of the lives,
29 health, and safety of firefighter employees, including
30 conditions and methods of sanitation and hygiene. Safety
31 devices and safeguards required to be furnished by the
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1 firefighter employer by this section or by the division under
2 authority of this section shall not include personal apparel
3 and protective devices that replace personal apparel normally
4 worn by firefighter employees during regular working hours.
5 633.808 Division authority.--The division shall:
6 (1) Investigate and prescribe by rule what safety
7 devices, safeguards, or other means of protection must be
8 adopted for the prevention of accidents in every firefighter
9 employee place of employment or at any fire scene; determine
10 what suitable devices, safeguards, or other means of
11 protection for the prevention of occupational diseases must be
12 adopted or followed in any or all such firefighter places of
13 employment or at any fire scene; and adopt reasonable rules
14 for the prevention of accidents, the safety, protection, and
15 security of firefighter employees engaged in interior
16 firefighting, and the prevention of occupational diseases.
17 (2) Ascertain, fix, and order such reasonable
18 standards and rules for the construction, repair, and
19 maintenance of firefighter employee places of employment as
20 shall render them safe. Such rules and standards shall be
21 adopted in accordance with chapter 120.
22 (3) Assist firefighter employers in the development
23 and implementation of firefighter employee safety training
24 programs by contracting with professional safety
25 organizations.
26 (4) Adopt rules prescribing recordkeeping
27 responsibilities for firefighter employers, which may include
28 maintaining a log and summary of occupational injuries,
29 diseases, and illnesses, for producing on request a notice of
30 injury and firefighter employee accident investigation
31 records, and prescribing a retention schedule for such
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1 records.
2 633.809 Firefighter employers whose firefighter
3 employees have a high frequency of work-related injuries.--The
4 division shall develop a means by which the division may
5 identify individual firefighter employers whose firefighter
6 employees have a high frequency or severity of work-related
7 injuries. The division shall carry out safety inspections of
8 the facilities and operations of those firefighter employers
9 in order to assist them in reducing the frequency and severity
10 of work-related injuries. The division shall develop safety
11 and health programs for those firefighter employers. Insurers
12 shall distribute such safety and health programs to the
13 firefighter employers so identified by the division. Those
14 firefighter employers identified by the division as having a
15 high frequency or severity of work-related injuries shall
16 implement a safety and health program developed by the
17 division. The division shall carry out safety inspections of
18 those firefighter employers so identified to ensure compliance
19 with the safety and health program and to assist such
20 firefighter employers in reducing the number of work-related
21 injuries. The division may not assess penalties as a result
22 of such inspections, except as provided by s. 633.813. Copies
23 of any report made as the result of such an inspection shall
24 be provided to the firefighter employer and its insurer.
25 Firefighter employers may submit their own safety and health
26 programs to the division for approval in lieu of using the
27 safety and health program developed by the division. The
28 division shall promptly review the program submitted and
29 approve or disapprove the program within 60 days or such
30 program shall be deemed approved. Upon approval by the
31 division, the program shall be implemented by the firefighter
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1 employer. If the program is not approved or if a program is
2 not submitted, the firefighter employer shall implement the
3 program developed by the division. The division shall adopt
4 rules setting forth the criteria for safety and health
5 programs, as such rules relate to this section.
6 633.810 Workplace safety committees and safety
7 coordinators.--
8 (1) In order to promote health and safety in
9 firefighter employee places of employment in this state:
10 (a) Each firefighter employer of 20 or more
11 firefighter employees shall establish and administer a
12 workplace safety committee in accordance with rules adopted
13 under this section.
14 (b) Each firefighter employer of fewer than 20
15 firefighter employees identified by the division as having
16 high frequency or high severity of work-related injuries shall
17 establish and administer a workplace safety committee or
18 designate a workplace safety coordinator who shall establish
19 and administer workplace safety activities in accordance with
20 rules adopted under this section.
21 (2) The division shall adopt rules:
22 (a) Prescribing the membership of the workplace safety
23 committees so as to ensure an equal number of firefighter
24 employee representatives who are volunteers or are elected by
25 their peers and firefighter employer representatives, and
26 specifying the frequency of meetings.
27 (b) Requiring firefighter employers to make adequate
28 records of each meeting and to file and to maintain the
29 records subject to inspection by the division.
30 (c) Prescribing the duties and functions of the
31 workplace safety committee and workplace safety coordinator,
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1 which include, but are not limited to:
2 1. Establishing procedures for workplace safety
3 inspections by the committee.
4 2. Establishing procedures for investigating all
5 workplace accidents, safety-related incidents, illnesses, and
6 deaths.
7 3. Evaluating accident prevention and illness
8 prevention programs.
9 4. Prescribing guidelines for the training of safety
10 committee members.
11 (3) The composition, selection, and function of
12 workplace safety committees shall be a mandatory topic of
13 negotiations with any certified collective bargaining agent
14 for firefighter employers that operate under a collective
15 bargaining agreement. Firefighter employers that operate
16 under a collective bargaining agreement that contains
17 provisions regulating the formation and operation of workplace
18 safety committees that meet or exceed the minimum requirements
19 contained in this section, or firefighter employers who
20 otherwise have existing workplace safety committees that meet
21 or exceed the minimum requirements established by this
22 section, are in compliance with this section.
23 (4) Firefighter employees shall be compensated their
24 regular hourly wage while engaged in workplace safety
25 committee or workplace safety coordinator training, meetings,
26 or other duties prescribed under this section.
27 633.811 Firefighter employer penalties.--If any
28 firefighter employer violates or fails or refuses to comply
29 with ss. 633.801-633.821, or with any rule adopted by the
30 division under such sections in accordance with chapter 120
31 for the prevention of injuries, accidents, or occupational
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1 diseases or with any lawful order of the division in
2 connection with ss. 633.801-633.821, or fails or refuses to
3 furnish or adopt any safety device, safeguard, or other means
4 of protection prescribed by division rule under ss.
5 633.801-633.821 for the prevention of accidents or
6 occupational diseases, the division may assess against the
7 firefighter employer a civil penalty of not less than $100 nor
8 more than $5,000 for each day the violation, omission,
9 failure, or refusal continues after the firefighter employer
10 has been given written notice of such violation, omission,
11 failure, or refusal. The total penalty for each violation
12 shall not exceed $50,000. The division shall adopt rules
13 requiring penalties commensurate with the frequency or
14 severity of safety violations. A hearing shall be held in the
15 county in which the violation, omission, failure, or refusal
16 is alleged to have occurred, unless otherwise agreed to by the
17 firefighter employer and authorized by the division. All
18 penalties assessed and collected under this section shall be
19 deposited in the Insurance Commissioner's Regulatory Trust
20 Fund.
21 633.812 Division cooperation with Federal Government;
22 exemption from requirements for private firefighter
23 employers.--
24 (1) The division shall cooperate with the Federal
25 Government so that duplicate inspections will be avoided while
26 at the same time ensuring safe firefighter employee places of
27 employment for the citizens of this state.
28 (2) Except as provided in this section, a private
29 firefighter employer is not subject to the requirements of the
30 division if:
31 (a) The private firefighter employer is subject to the
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1 federal regulations in 29 C.F.R. ss. 1910 and 1926.
2 (b) The private firefighter employer has adopted and
3 implemented a written safety program that conforms to the
4 requirements of 29 C.F.R. ss. 1910 and 1926.
5 (c) A private firefighter employer with 20 or more
6 full-time firefighter employees shall include provisions for a
7 safety committee in the safety program. The safety committee
8 shall include firefighter employee representation and shall
9 meet at least once each calendar quarter. The private
10 firefighter employer shall make adequate records of each
11 meeting and maintain the records subject to inspections under
12 subsection (3). The safety committee shall, if appropriate,
13 make recommendations regarding improvements to the safety
14 program and corrections of hazards affecting workplace safety.
15 (d) The private firefighter employer provides the
16 division with a written statement that certifies compliance
17 with this subsection.
18 (3) The division may enter at any reasonable time any
19 place of private firefighter employment for the purpose of
20 verifying the accuracy of the written certification. If the
21 division determines that the private firefighter employer has
22 not complied with the requirements of subsection (2), the
23 private firefighter employer shall be subject to the rules of
24 the division until the private firefighter employer complies
25 with subsection (2) and recertifies that fact to the division.
26 (4) This section shall not restrict the division's
27 performance of any duties pursuant to a written contract
28 between the division and the federal Occupational Safety and
29 Health Administration.
30 633.813 Failure to implement a safety and health
31 program; cancellations.--If a firefighter employer that is
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1 found by the division to have a high frequency or severity of
2 work-related injuries fails to implement a safety and health
3 program, the insurer or self-insurer's fund that is providing
4 coverage for the firefighter employer may cancel the contract
5 for insurance with the firefighter employer. In the
6 alternative, the insurer or fund may terminate any discount or
7 deviation granted to the firefighter employer for the
8 remainder of the term of the policy. If the contract is
9 canceled or the discount or deviation is terminated, the
10 insurer shall make such reports as are required by law.
11 633.814 Expenses of administration.--The amounts that
12 are needed to administer ss. 633.801-633.821 shall be
13 disbursed from the Insurance Commissioner's Regulatory Trust
14 Fund.
15 633.815 Refusal to admit; penalty.--The division and
16 authorized representatives of the division may enter and
17 inspect any firefighter place of employment at any reasonable
18 time for the purpose of investigating compliance with ss.
19 633.801-633.821 and conducting inspections for the proper
20 enforcement of ss. 633.801-633.821. A firefighter employer
21 who refuses to admit any member of the division or authorized
22 representative of the division to any place of employment or
23 to allow investigation and inspection pursuant to this section
24 commits a misdemeanor of the second degree, punishable as
25 provided in s. 775.082 or s. 775.083.
26 633.816 Firefighter employee rights and
27 responsibilities.--
28 (1) Each firefighter employee of a firefighter
29 employer covered under ss. 633.801-633.821 shall comply with
30 rules adopted by the division and with reasonable workplace
31 safety and health standards, rules, policies, procedures, and
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1 work practices established by the firefighter employer and the
2 workplace safety committee. A firefighter employee who
3 knowingly fails to comply with this subsection may be
4 disciplined or discharged by the firefighter employer.
5 (2) A firefighter employer may not discharge, threaten
6 to discharge, cause to be discharged, intimidate, coerce,
7 otherwise discipline, or in any manner discriminate against a
8 firefighter employee for any of the following reasons:
9 (a) The firefighter employee has testified or is about
10 to testify, on her or his own behalf or on behalf of others,
11 in any proceeding instituted under ss. 633.801-633.821;
12 (b) The firefighter employee has exercised any other
13 right afforded under ss. 633.801-633.821; or
14 (c) The firefighter employee is engaged in activities
15 relating to the workplace safety committee.
16 (3) No pay, position, seniority, or other benefit may
17 be lost for exercising any right under, or for seeking
18 compliance with any requirement of, ss. 633.801-633.821.
19 633.817 Compliance.--Failure of a firefighter employer
20 or an insurer to comply with ss. 633.801-633.821, or with any
21 rules adopted under ss. 633.801-633.821, constitutes grounds
22 for the division to seek remedies, including injunctive
23 relief, by making appropriate filings with the circuit court.
24 633.818 False statements to insurers.--A firefighter
25 employer who knowingly and willfully falsifies or conceals a
26 material fact, who makes a false, fictitious, or fraudulent
27 statement or representation, or who makes or uses any false
28 document knowing the document to contain any false,
29 fictitious, or fraudulent entry or statement to an insurer of
30 workers' compensation insurance under ss. 633.801-633.821
31 commits a misdemeanor of the second degree, punishable as
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1 provided in s. 775.082 or s. 775.083.
2 633.819 Matters within jurisdiction of the division;
3 false, fictitious, or fraudulent acts, statements, and
4 representations prohibited; penalty; statute of
5 limitations.--A person may not, in any matter within the
6 jurisdiction of the division, knowingly and willfully falsify
7 or conceal a material fact; make any false, fictitious, or
8 fraudulent statement or representation; or make or use any
9 false document, knowing the same to contain any false,
10 fictitious, or fraudulent statement or entry. A person who
11 violates this section commits a misdemeanor of the second
12 degree, punishable as provided in s. 775.082 or s. 775.083.
13 The statute of limitations for prosecution of an act committed
14 in violation of this section is 5 years after the date the act
15 was committed or, if not discovered within 30 days after the
16 act was committed, 5 years after the date the act was
17 discovered.
18 633.820 Volunteer firefighters.--Sections
19 633.803-633.821 apply to volunteer firefighters and volunteer
20 fire departments.
21 633.821 Workplace safety.--
22 (1) The division shall assist in making the
23 firefighter employee place of employment a safer place to work
24 and decreasing the frequency and severity of on-the-job
25 injuries in such workplace.
26 (2) The division shall have the authority to adopt
27 rules for the purpose of ensuring safe working conditions for
28 all firefighter employees by authorizing the enforcement of
29 effective standards, by assisting and encouraging firefighter
30 employers to maintain safe working conditions, and by
31 providing for education and training in the field of safety.
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1 Specifically, the division may by rule adopt all or any part
2 of subparts C through T and subpart Z of 29 C.F.R. s. 1910, as
3 revised April 8, 1998; the National Fire Protection
4 Association, Inc., Standard 1500, paragraph 5-7 (Personal
5 Alert Safety System) (1992 edition); and ANSI A 10.4-1990.
6 (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the
7 two individuals located outside the immediately dangerous to
8 life and health atmosphere may be assigned to an additional
9 role, such as incident commander, pumper operator, engineer,
10 or driver, so long as such individual is able to immediately
11 perform assistance or rescue activities without jeopardizing
12 the safety or health of any firefighter working at an
13 incident. Also with respect to 29 C.F.R. s. 1910.134(g)(4):
14 (a) Each county, municipality, and special district
15 shall implement such provision by April 1, 2002, except as
16 provided in paragraphs (b) and (c).
17 (b) If any county, municipality, or special district
18 is unable to implement such provision by April 1, 2002,
19 without adding additional personnel to its firefighting staff
20 or expending significant additional funds, such county,
21 municipality, or special district shall have an additional 6
22 months within which to implement such provision. Such county,
23 municipality, or special district shall notify the division
24 that the 6-month extension to implement such provision is in
25 effect in such county, municipality, or special district
26 within 30 days after its decision to extend the time for the
27 additional 6 months. The decision to extend the time for
28 implementation shall be made prior to April 1, 2002.
29 (c) If, after the extension granted in paragraph (b),
30 the county, municipality, or special district, after having
31 worked with and cooperated fully with the division and the
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1 Firefighters Employment, Standards, and Training Council, is
2 still unable to implement such provisions without adding
3 additional personnel to its firefighting staff or expending
4 significant additional funds, such municipality, county, or
5 special district shall be exempt from the requirements of 29
6 C.F.R. s. 1910.134(g)(4). However, each year thereafter the
7 division shall review each such county, municipality, or
8 special district to determine if such county, municipality, or
9 special district has the ability to implement such provision
10 without adding additional personnel to its firefighting staff
11 or expending significant additional funds. If the division
12 determines that any county, municipality, or special district
13 has the ability to implement such provision without adding
14 additional personnel to its firefighting staff or expending
15 significant additional funds, the division shall require such
16 county, municipality, or special district to implement such
17 provision. Such requirement by the division under this
18 paragraph constitutes final agency action subject to chapter
19 120.
20 (4) The provisions of chapter 440 that pertain to
21 workplace safety apply to the division.
22 (5) The division may adopt any rule necessary to
23 implement, interpret, and make specific the provisions of this
24 section, provided the division may not adopt by rule any other
25 standard or standards of the Occupational Safety and Health
26 Administration or the National Fire Protection Association
27 relating solely to ss. 633.801-633.821 and firefighter
28 employment safety without specific legislative authority.
29 Section 16. Section 633.31, Florida Statutes, is
30 amended to read:
31 633.31 Firefighters Employment, Standards, and
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1 Training Council.--
2 (1) There is created within the Department of
3 Insurance a Firefighters Employment, Standards, and Training
4 Council of 13 nine members appointed by the State Fire
5 Marshal. Two members shall be fire chiefs appointed by the
6 Florida Fire Chiefs Association, two members shall be
7 firefighters who are not officers, appointed by the Florida
8 Professional Firefighters Association, two members shall be
9 firefighter officers who are not fire chiefs, appointed by the
10 State Fire Marshal, one member appointed by the Florida League
11 of Cities, one member appointed by the Florida Association of
12 Counties, one member appointed by the Florida Association of
13 Special Districts, one member appointed by the Florida Fire
14 Marshal's Association, and one member appointed by the State
15 Fire Marshal, and one member shall be a director or instructor
16 of a state-certified firefighting training facility appointed
17 by the State Fire Marshal. To be eligible for appointment as a
18 fire chief member, firefighter officer member, firefighter
19 member, or a director or instructor of a state-certified
20 firefighting facility, a person shall have had at least 4
21 years' experience in the firefighting profession. The
22 remaining member, who shall be appointed by the State Fire
23 Marshal, two members shall not be a member or representative
24 members of the firefighting profession or of any local
25 government. Members shall serve only as long as they continue
26 to meet the criteria under which they were appointed, or
27 unless a member has failed to appear at three consecutive and
28 properly noticed meetings unless excused by the chair.
29 (2) Initially, the State Fire Marshal shall appoint
30 three members for terms of 4 years, two members for terms of 3
31 years, two members for terms of 2 years, and two members for
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1 terms of 1 year. Thereafter, Members shall be appointed for
2 4-year terms and in no event shall a member serve more than
3 two consecutive terms. Any vacancy shall be filled in the
4 manner of the original appointment for the remaining time of
5 the term.
6 (3) The State Fire Marshal, in making her or his
7 appointments, shall take into consideration representation by
8 geography, population, and other relevant factors, in order
9 that the membership on the council will be apportioned to give
10 representation to the state at large rather than to a
11 particular area.
12 (4) Membership on the council shall not disqualify a
13 member from holding any other public office or being employed
14 by a public entity, except that no member of the Legislature
15 shall serve on the council.
16 Section 17. Subsections (4) and (5) of section 633.33,
17 Florida Statutes, are amended to read:
18 633.33 Special powers; firefighter training.--The
19 council shall have special powers in connection with the
20 employment and training of firefighters to:
21 (4) Consult and cooperate with any employing agency,
22 university, college, community college, the Florida State Fire
23 College, or other educational institution concerning the
24 employment and safety of firefighters, including, but not
25 limited to, the safety of firefighters while at the scene of a
26 fire or the scene of an incident related to the provision of
27 emergency services to which a firefighter responds, and the
28 development of firefighter training schools and programs of
29 courses of instruction, including, but not limited to,
30 education and training in the areas of firefighter employment,
31 fire science, fire technology, fire administration, and all
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1 allied and supporting fields.
2 (5) Make or support studies on any aspect of
3 firefighting employment, education, and training or
4 recruitment.
5 Section 18. Paragraph (c) of subsection (3) of section
6 383.3362, Florida Statutes, is amended to read:
7 383.3362 Sudden Infant Death Syndrome.--
8 (3) TRAINING.--
9 (c) The Department of Health, in consultation with the
10 Emergency Medical Services Advisory Council, the Firefighters
11 Employment, Standards, and Training Council, and the Criminal
12 Justice Standards and Training Commission, shall develop and
13 adopt, by rule, curriculum that, at a minimum, includes
14 training in the nature of SIDS, standard procedures to be
15 followed by law enforcement agencies in investigating cases
16 involving sudden deaths of infants, and training in responding
17 appropriately to the parents or caretakers who have requested
18 assistance.
19 Section 19. Subsection (4) of section 633.30, Florida
20 Statutes, is amended to read:
21 633.30 Standards for firefighting; definitions.--As
22 used in this chapter:
23 (4) "Council" means the Firefighters Employment,
24 Standards, and Training Council.
25 Section 20. Subsection (4) of section 633.32, Florida
26 Statutes, is amended to read:
27 633.32 Organization; meetings; quorum; compensation;
28 seal.--
29 (4) The council may adopt a seal for its use
30 containing the words "Firefighters Employment, Standards, and
31 Training Council."
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1 Section 21. The Legislature determines and declares
2 that this act fulfills an important state interest.
3 Section 22. Effective June 30, 2002, paragraphs (a)
4 and (c) of subsection (1) and subsections (4), (5), (6), (7),
5 (8), and (9) of section 163.05, Florida Statutes, are amended
6 to read:
7 163.05 Small County Technical Assistance Program.--
8 (1) Among small counties, the Legislature finds that:
9 (a) The percentage of the population of small counties
10 residing in the unincorporated areas is relatively high based
11 on the United States Decennial Census of 2000 and increased
12 substantially between 1980 and 1990.
13 (c) Fiscal shortfalls persist even though 12 13 of the
14 small counties levied the maximum ad valorem millage
15 authorized in their jurisdictions in 2001 1990 and an
16 additional 15 13 small counties levied between 8 and 10 mills.
17 (4) The Commissioner of Agriculture Comptroller shall
18 enter into contracts with program providers who shall:
19 (a) Be a foundation that meets the requirements for
20 nonprofit status under s. 501(c)(3) of the Internal Revenue
21 Code with a governing board which includes in its membership
22 county commissioners and professional staff of the county
23 public agency or private, nonprofit corporation, association,
24 or entity.
25 (b) Have substantial and documented experience working
26 closely with county governments in providing both educational
27 and technical assistance.
28 (c)(b) Use existing resources, services, and
29 information that are available from state or local agencies,
30 universities, or the private sector.
31 (d)(c) Seek and accept funding from any public or
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1 private source.
2 (d) Annually submit information to assist the
3 Legislative Committee on Intergovernmental Relations in
4 preparing a performance review that will include an analysis
5 of the effectiveness of the program.
6 (e) Assist small counties in developing alternative
7 revenue sources.
8 (f) Provide assistance to small counties in the areas
9 such as of financial management, accounting, investing,
10 purchasing, planning and budgeting, debt issuance, public
11 management, management systems, computers and information
12 technology, economic and community development, and public
13 safety management.
14 (g) Provide for an annual independent financial audit
15 of the program.
16 (h) In each county served, conduct a needs assessment
17 upon which the assistance provided for that county will be
18 designed.
19 (5)(a) The Commissioner of Agriculture Comptroller
20 shall issue a request for proposals to provide assistance to
21 small counties. The request for proposals shall be required no
22 more frequently than every third year beginning with fiscal
23 year 2004-2005. All contracts in existence on the effective
24 date of this act between the Comptroller and any other party
25 with respect to the Small County Technical Assistance Program
26 may be accepted by the Commissioner of Agriculture as the
27 party in interest and said contracts shall remain in full
28 force and effect according to their terms. At the request of
29 the Comptroller, the Legislative Committee on
30 Intergovernmental Relations shall assist in the preparation of
31 the request for proposals.
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1 (b) The Commissioner of Agriculture 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 Comptroller, in writing, advisory comments and
6 recommendations, citing with specificity the reasons for its
7 recommendations.
8 (c)(d) The Commissioner of Agriculture Comptroller and
9 the 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 Commissioner of Agriculture
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 Comptroller may enter into contracts and
29 agreements with other state and local agencies and with any
30 person, association, corporation, or entity other than the
31 program providers, for the purpose of administering this
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1 section.
2 (7)(8) The Commissioner of Agriculture Comptroller
3 shall provide fiscal oversight to ensure that funds expended
4 for the program are used in accordance with the contracts
5 entered into pursuant to subsection (4) and shall conduct a
6 performance review of the program as may be necessary to
7 ensure that the goals and objectives of the program are being
8 met.
9 (9) The Legislative Committee on Intergovernmental
10 Relations shall annually conduct a performance review of the
11 program. The findings of the review shall be presented in a
12 report submitted to the Governor, the President of the Senate,
13 the Speaker of the House of Representatives, and the
14 Comptroller by January 15 of each year.
15 Section 23. Effective June 30, 2002, Specific
16 Appropriation 2252 in the 2002-2003 General Appropriations Act
17 is hereby repealed and an identical amount is hereby
18 appropriated to the Department of Agriculture and Consumer
19 Services from the General Revenue Fund for the purposes of
20 this act.
21 Section 24. Except as otherwise provided herein, this
22 act shall take effect upon becoming a law.
23
24
25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 Delete everything before the enacting clause
28
29 and insert:
30 A bill to be entitled
31 An act relating to governmental reorganization;
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1 amending s. 20.04, F.S.; providing an exception
2 to departmental structure requirements;
3 deleting reference to the Department of Banking
4 and Finance and substituting the Department of
5 Financial Services; creating s. 20.121, F.S.;
6 creating the Department of Financial Services;
7 specifying the Chief Financial Officer as the
8 head of the department; providing for
9 departmental structure; creating the Financial
10 Services Commission; providing commission
11 composition, structure, and powers;
12 establishing the Office of Insurance Regulation
13 and the Office of Financial Institutions and
14 Securities Regulation within the commission;
15 providing powers, duties, and responsibilities
16 of such offices; requiring the commission to
17 establish certain additional organizational
18 structure of such offices; providing for
19 appointment and specifying qualifications of
20 directors of such offices; providing for
21 administrative support for such offices;
22 transferring certain programs, including
23 employees and equipment, from the Department of
24 Banking and Finance and the Department of
25 Insurance to the Department of Financial
26 Services, the Office of Insurance Regulation,
27 and the Office of Financial Institutions and
28 Securities Regulation; transferring certain
29 trust funds from the Department of Banking and
30 Finance and the Department of Insurance to the
31 Department of Financial Services, the Office of
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1 Insurance Regulation, and the Office of
2 Financial Institutions and Securities
3 Regulation; specifying that certain statutory
4 appointment responsibilities vested by law in
5 certain officers are the responsibility of the
6 Chief Financial Officer; specifying that rules
7 of the Department of Banking and Finance and
8 the Department of Insurance become rules of the
9 Department of Financial Services or the
10 Financial Services Commission; providing for
11 preservation of validity of judicial or
12 administrative actions involving such
13 departments; providing for substitution of
14 certain parties in interest in such actions;
15 creating the Committee of Transition
16 Management; providing for independent function;
17 providing for treatment for administrative
18 purposes as an office of the Executive Office
19 of the Governor; providing for appointment of
20 committee members; specifying powers and duties
21 of the committee; requiring certain reports,
22 proposed organizational plans, and written
23 recommendations to the Financial Services
24 Commission and the Legislature; providing
25 additional legislative intent relating to
26 statutory responsibility for certain
27 appointments becoming the responsibility of the
28 Chief Financial Officer or the Financial
29 Services Commission; providing for conforming
30 legislation; providing for assistance of
31 certain legislative substantive committees by
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1 the Division of Statutory Revision for certain
2 purposes; amending s. 1, ch. 2002-194, Laws of
3 Florida; providing an exception to a transfer
4 provided for in said act; amending s. 288.99,
5 F.S.; redefining the terms "early stage
6 technology business" and "qualified
7 distribution"; defining the terms "Program One"
8 and "Program Two"; revising procedures and
9 dates for certification and decertification
10 under Program One and Program Two; revising the
11 process for earning premium tax credits;
12 providing a limitation on tax credits under
13 Program Two; providing for distributions under
14 both programs; requiring the Department of
15 Revenue to adopt certain rules; providing for
16 additional premium; providing for additional
17 allocations of certain insurance premium tax
18 credits under certain circumstances;
19 authorizing the Department of Revenue to adopt
20 rules; amending s. 517.12, Florida Statutes;
21 exempting general lines insurance agents and
22 life insurance agents from registration
23 requirements relating to sales of certain
24 securities in certain circumstances; amending
25 s. 570.07, F.S.; specifying emergency powers of
26 the Commissioner of Agriculture; amending s.
27 624.91, F.S.; revising provisions of the
28 Florida Healthy Kids Corporation Act, to
29 conform; creating ss. 633.801, 633.802,
30 633.803, 633.804, 633.805, 633.806, 633.807,
31 633.808, 633.809, 633.810, 633.811, 633.812,
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1 633.813, 633.814, 633.815, 633.816, 633.817,
2 633.818, 633.819, 633.820, and 633.821, F.S.;
3 providing a short title; providing definitions;
4 providing legislative intent; authorizing the
5 Division of State Fire Marshal of the
6 Department of Insurance to adopt rules related
7 to firefighter safety inspections; requiring
8 the division to conduct a study of firefighter
9 occupational diseases; authorizing
10 representatives of the division to enter and
11 inspect any place of firefighter employment;
12 requiring firefighter employers to provide safe
13 employment conditions; authorizing the division
14 to adopt rules that prescribe means for
15 preventing accidents in places of firefighter
16 employment and establish standards for
17 construction, repair, and maintenance;
18 requiring the division to inspect places of
19 firefighter employment and to develop safety
20 and health programs for those firefighter
21 employers whose employees have a high frequency
22 or severity of work-related injuries; requiring
23 certain firefighter employers to establish
24 workplace safety committees and to maintain
25 certain records; providing penalties for
26 firefighter employers who violate provisions of
27 the act; providing exemptions; providing a
28 penalty for the failure to implement a safety
29 and health program and cancellations; providing
30 for expenses of administration; providing
31 penalties for refusal to admit division;
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SENATE AMENDMENT
Bill No. CS for SB's 42-E & 26-E
Amendment No. ___ Barcode 165384
1 specifying firefighter employee rights and
2 responsibilities; providing division remedies
3 for failure to comply; providing penalties for
4 firefighter employers who make false statements
5 to the division or to an insurer; providing
6 criminal penalties for false, malicious, or
7 fraudulent statements and representatives;
8 specifying applicability to volunteer
9 firefighters and fire departments; providing
10 for workplace safety and to authorize the
11 division to adopt rules including federal
12 standards for assuring safe working conditions
13 for all firefighter employees; amending s.
14 633.31, F.S.; changing the name of and
15 expanding and diversifying the Firefighters
16 Standards and Training Council; amending s.
17 633.33, F.S.; providing additional duties of
18 the council; amending ss. 383.3362, 633.330,
19 and 633.32, F.S.; conforming language;
20 providing a declaration of important state
21 interest; amending s. 163.05, F.S.; revising
22 legislative findings; providing criteria for
23 contracts between the Commissioner of
24 Agriculture and program providers; deleting
25 responsibilities of the Comptroller and the
26 Legislative Committee on Intergovernmental
27 Relations; authorizing the Commissioner of
28 Agriculture to award contracts to provide
29 assistance to small counties; requiring the
30 Commissioner of Agriculture to provide fiscal
31 oversight and performance reviews; providing an
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SENATE AMENDMENT
Bill No. CS for SB's 42-E & 26-E
Amendment No. ___ Barcode 165384
1 appropriation; providing effective dates.
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