Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS for SB 1758
       
       
       
       
       
       
                                Barcode 104426                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/08/2009 12:39 PM       .                                
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       The Conference Committee on CS for SB 1758 recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (v) of subsection (2) of section
    7  17.57, Florida Statutes, is amended to read:
    8         17.57 Deposits and investments of state money.—
    9         (2) The Chief Financial Officer shall make funds available
   10  to meet the disbursement needs of the state. Funds which are not
   11  needed for this purpose shall be placed in qualified public
   12  depositories that will pay rates established by the Chief
   13  Financial Officer at levels not less than the prevailing rate
   14  for United States Treasury securities with a corresponding
   15  maturity. In the event money is available for interest-bearing
   16  time deposits or savings accounts as provided herein and
   17  qualified public depositories are unwilling to accept such money
   18  and pay thereon the rates established above, then such money
   19  which qualified public depositories are unwilling to accept
   20  shall be invested in:
   21         (v) Securities not otherwise described in this subsection.
   22  However, not more than 5 3 percent of the funds under the
   23  control of the Chief Financial Officer shall be invested in
   24  securities described in this paragraph.
   25  
   26  These investments may be in varying maturities and may be in
   27  book-entry form. Investments made pursuant to this subsection
   28  may be under repurchase agreement or reverse repurchase
   29  agreement. The Chief Financial Officer may hire registered
   30  investment advisers and other consultants to assist in
   31  investment management and to pay fees directly from investment
   32  earnings. Investment securities, proprietary investment services
   33  related to contracts, performance evaluation services,
   34  investment-related equipment or software used directly to assist
   35  investment trading or investment accounting operations including
   36  bond calculators, telerates, Bloombergs, special program
   37  calculators, intercom systems, and software used in accounting,
   38  communications, and trading, and advisory and consulting
   39  contracts made under this section are exempt from the provisions
   40  of chapter 287.
   41         Section 2. Effective July 1, 2010, the amendment of s.
   42  17.57(2)(v), Florida Statutes, made by this act expires, and the
   43  text of that paragraph shall revert to that in existence on June
   44  30, 2009, except that any amendments to such text enacted other
   45  than by this act shall be preserved and continue to operate to
   46  the extent that such amendments are not dependent upon the
   47  portions of such text which expire pursuant to this section.
   48         Section 3. Section 17.575, Florida Statutes, is created to
   49  read:
   50         17.575Administration of funds; Treasury Investment
   51  Committee.—
   52         (1)There is created a Treasury Investment Committee within
   53  the Division of Treasury consisting of at least five members who
   54  must possess special knowledge, experience, and familiarity in
   55  finance, investments, or accounting. The members of the
   56  committee shall be appointed by and serve at the pleasure of the
   57  Chief Financial Officer. The committee shall annually elect a
   58  chair and vice chair from among its membership.
   59         (2)The committee shall administer the Treasury Investment
   60  Program consistent with policies approved by the Chief Financial
   61  Officer for deposits and investments of public funds. The
   62  committee shall also make recommendations regarding investment
   63  policy to the Chief Financial Officer.
   64         (3)The committee shall submit an annual report outlining
   65  its activities and recommendations to the Chief Financial
   66  Officer and the Joint Legislative Auditing Committee. The report
   67  shall be submitted on August 15, 2009, and annually thereafter.
   68         Section 4. Section 624.231, Florida Statutes, is created to
   69  read:
   70         624.231Disclosure and fees for production of records.—If
   71  the department or office determines that any portion of a record
   72  that is requested by a person is exempt pursuant to chapter 119,
   73  the insurance code, or chapter 641, the department or office
   74  shall disclose to the person in writing that the requested
   75  record will be provided in a redacted format and that there will
   76  be additional fees charged for staff time associated with
   77  researching and redacting the exempt portion of the record.
   78  Before the department or office provides the record, the person
   79  must affirm his or her request to receive the record.
   80         Section 5. Paragraph (a) of subsection (19) of section
   81  624.501, Florida Statutes, is amended to read:
   82         624.501 Filing, license, appointment, and miscellaneous
   83  fees.—The department, commission, or office, as appropriate,
   84  shall collect in advance, and persons so served shall pay to it
   85  in advance, fees, licenses, and miscellaneous charges as
   86  follows:
   87         (19) Miscellaneous services:
   88         (a) For copies of documents or records on file with the
   89  department, commission, or office, per page............$.15 $.50
   90         Section 6. Subsection (1) of section 624.523, Florida
   91  Statutes, is amended to read:
   92         624.523 Insurance Regulatory Trust Fund.—
   93         (1) There is created in the State Treasury a trust fund
   94  designated “Insurance Regulatory Trust Fund” to which shall be
   95  credited all payments received on account of the following
   96  items:
   97         (a) All fines, monetary penalties, and costs imposed upon
   98  persons by the department or the office as authorized by law for
   99  violation of the laws of this state.
  100         (b) Any sums received for copies of the stenographic record
  101  of hearings, as authorized by law.
  102         (c) All sums received under s. 624.404(5).
  103         (d) All sums received under s. 624.5091, as provided in
  104  subsection (5) thereof.
  105         (e) All payments received on account of items provided for
  106  under respective provisions of s. 624.501, as follows:
  107         1. Subsection (1) (certificate of authority of insurer).
  108         2. Subsection (2) (charter documents of insurer).
  109         3. Subsection (3) (annual license tax of insurer).
  110         4. Subsection (4) (annual statement of insurer).
  111         5. Subsection (5) (application fee for insurance
  112  representatives).
  113         6. The “appointment fee” portion of any appointment
  114  provided for under paragraphs (6)(a) and (b) (insurance
  115  representatives, property, marine, casualty and surety
  116  insurance, and agents).
  117         7. Paragraph (6)(c) (nonresident agents).
  118         8. Paragraph (6)(d) (service representatives).
  119         9. The “appointment fee” portion of any appointment
  120  provided for under paragraph (7)(a) (life insurance agents,
  121  original appointment, and renewal or continuation of
  122  appointment).
  123         10. Paragraph (7)(b) (nonresident agent license).
  124         11. The “appointment fee” portion of any appointment
  125  provided for under paragraph (8)(a) (health insurance agents,
  126  agent’s appointment, and renewal or continuation fee).
  127         12. Paragraph (8)(b) (nonresident agent appointment).
  128         13. The “appointment fee” portion of any appointment
  129  provided for under subsections (9) and (10) (limited licenses
  130  and fraternal benefit society agents).
  131         14. Subsection (11) (vending machines).
  132         15. Subsection (12) (surplus lines agent).
  133         16. Subsection (13) (adjusters’ appointment).
  134         17. Subsection (14) (examination fee).
  135         18. Subsection (15) (temporary license and appointment as
  136  agent or adjuster).
  137         19. Subsection (16) (reissuance, reinstatement, etc.).
  138         20. Subsection (17) (additional license continuation fees).
  139         21. Subsection (18) (filing application for permit to form
  140  insurer).
  141         22. Subsection (19) (license fee of rating organization).
  142         23. Subsection (20) (miscellaneous services).
  143         24. Subsection (21) (insurance agencies).
  144         (f) All payments received on account of actuarial and other
  145  services in the valuation or computation of the reserves of life
  146  insurers pursuant to s. 625.121(2).
  147         (g) All sums received under ss. 626.711 and 626.743.
  148         (h)Sums received under s. 626.932, as provided in
  149  subsection (5) thereof.
  150         (i)Sums received under s. 626.938, as provided in
  151  subsection (7) thereof.
  152         (h)(j) All sums received under s. 627.828.
  153         (i)(k) All sums received from motor vehicle service
  154  agreement companies under s. 634.221.
  155         (j)(l) All sums received under s. 648.27 (bail bond agent,
  156  limited surety agent, continuation fee), the “appointment fee”
  157  portion of any license or permit provided for under s. 648.31,
  158  and the application fees provided for under s. 648.34(3).
  159         (k)(m) All sums received under s. 651.015.
  160         (l)(n) All sums received by the Chief Financial Officer or
  161  the director of the office as fees for her or his services as
  162  service-of-process agent.
  163         (m)(o) All state tax portions of agents’ licenses collected
  164  under s. 624.501.
  165         Section 7. Subsection (5) of section 626.932, Florida
  166  Statutes, is amended to read:
  167         626.932 Surplus lines tax.—
  168         (5) The department shall deposit 15.74 percent of all taxes
  169  collected under this section to the credit of the Insurance
  170  Regulatory Trust Fund. Eighty-four and twenty-six hundredths
  171  percent of all Taxes collected under this section shall be
  172  deposited into the General Revenue Fund.
  173         Section 8. Subsection (7) of section 626.938, Florida
  174  Statutes, is amended to read:
  175         626.938 Report and tax of independently procured
  176  coverages.—
  177         (7) The department shall deposit 15.74 percent of all taxes
  178  and interest collected under this section to the credit of the
  179  Insurance Regulatory Trust Fund. Eighty-four and twenty-six
  180  hundredths percent of all Taxes and interest collected under
  181  this section shall be deposited into the General Revenue Fund.
  182         Section 9. The amendments to ss. 626.932(5) and 626.938(7),
  183  Florida Statutes, made by this act expire July 1, 2014, and the
  184  text of those subsections shall revert to that in existence on
  185  June 30, 2009, except that any amendments to such text enacted
  186  other than by this act shall be preserved and continue to
  187  operate to the extent that such amendments are not dependent
  188  upon the portions of such text which expire pursuant to this
  189  section.
  190         Section 10. Paragraph (e) of subsection (3) of section
  191  627.0628, Florida Statutes, is amended to read:
  192         627.0628 Florida Commission on Hurricane Loss Projection
  193  Methodology; public records exemption; public meetings
  194  exemption.—
  195         (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
  196         (e) The commission shall adopt revisions to previously
  197  adopted actuarial methods, principles, standards, models, or
  198  output ranges every odd year at least annually.
  199         Section 11. This act shall take effect July 1, 2009.
  200  
  201  ================= T I T L E  A M E N D M E N T ================
  202         And the title is amended as follows:
  203         Delete everything before the enacting clause
  204  and insert:
  205                        A bill to be entitled                      
  206         An act relating to the Department of Financial
  207         Services; amending s. 17.57, F.S.; increasing the
  208         percentage of funds under the control of the Chief
  209         Financial Officer which may be invested in certain
  210         types of securities; providing for the future
  211         expiration of such provision and the reversion as of a
  212         specified date of statutory text; creating s. 17.575,
  213         F.S.; creating the Treasury Investment Committee
  214         within the Division of Treasury; providing for the
  215         Chief Financial Officer to appoint committee members;
  216         requiring the committee to administer the Treasury
  217         Investment Program; requiring an annual report;
  218         creating s. 624.231, F.S.; authorizing the department
  219         or Office of Insurance Regulation to charge a fee for
  220         redacting portions of a record which are exempt under
  221         public-records laws; requiring that a person affirm a
  222         request to receive a redacted record before the
  223         information is provided; amending s. 624.501, F.S.;
  224         reducing the fee charged by the Department of
  225         Financial Services, the Office of Insurance
  226         Regulation, and the Financial Services Commission for
  227         copies of documents or records; amending s. 624.523,
  228         F.S.; revising the list of items from which payments
  229         received are deposited into the Insurance Regulatory
  230         Trust Fund; amending ss. 626.932 and 626.938, F.S.;
  231         deleting provisions relating to the distribution of
  232         certain collected taxes and interest; providing for
  233         the reversion as of a specified date of the statutory
  234         text of provisions relating to the distribution of
  235         such taxes and interest; amending s. 627.0628, F.S.;
  236         requiring the Florida Commission on Hurricane Loss
  237         Projection Methodology to adopt revisions to actuarial
  238         methods, standards, and models every odd year rather
  239         than annually; providing an effective date.