Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for HB 3
       
       
       
       
       
       
                                Ì241014fÎ241014                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/F/2R          .                                
             03/09/2022 11:34 AM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Substitute for Amendment (880670) (with title
    2  amendment)
    3  
    4         Before line 76
    5  insert:
    6         Section 1. Subsection (12) is added to section 30.49,
    7  Florida Statutes, to read:
    8         30.49 Budgets.—
    9         (12)(a)Except as otherwise provided in this subsection,
   10  after the approval of the sheriff’s budget by the board of
   11  county commissioners or budget commission, if a county has
   12  established a budget commission, the sheriff may transfer funds
   13  between the functional categories described in paragraph (2)(a)
   14  or between the itemized categories described in paragraph
   15  (2)(c).
   16         (b)The board of county commissioners or budget commission,
   17  as applicable, may by ordinance or resolution establish a
   18  mutually agreeable policy prescribing the manner in which a
   19  sheriff may transfer funds between functional categories
   20  described in paragraph (2)(a) or the itemized functional
   21  categories described in paragraph (2)(c). If the board or
   22  commission establishes such a policy, the policy must include an
   23  actual threshold amount, or percentage threshold, of funds the
   24  sheriff may transfer between functional categories or itemized
   25  categories without the approval of the board or commission. The
   26  policy must include evidence of agreement between the board or
   27  commission, as applicable, and the sheriff. The policy adopted
   28  by the board or commission, as applicable, under this paragraph
   29  may not authorize the sheriff to comingle recurring or
   30  nonrecurring funds, or otherwise transfer recurring funds into
   31  any nonrecurring categories, or nonrecurring funds into
   32  recurring categories, irrespective of whether the transfer of
   33  funds occurs within the functional categories in paragraph
   34  (2)(a) or the itemized categories in paragraph (2)(c). The
   35  sheriff must, within 14 days after the end of each fiscal
   36  quarter, submit a report to the board or commission, as
   37  applicable, of all fund transfers made in such quarter which did
   38  not require the board’s or commission’s approval pursuant to the
   39  policy established under this paragraph. The report must contain
   40  a sworn certificate stating the transfers of funds undertaken
   41  during the completed quarter were reasonable and necessary for
   42  the proper and efficient operation of the office, county jail,
   43  or provision of court services.
   44         (c)If the board of county commissioners or budget
   45  commission, as applicable, does not adopt a policy under
   46  paragraph (b), the sheriff may transfer funds between the
   47  functional categories described in paragraph (2)(a) or itemized
   48  categories in paragraph (2)(c) without the approval of the board
   49  or commission, except the sheriff may not comingle recurring or
   50  nonrecurring funds, or otherwise transfer recurring funds into
   51  any nonrecurring categories or nonrecurring funds into recurring
   52  categories, irrespective of whether transfer of funds occurs
   53  within the functional categories in paragraph (2)(a) or the
   54  itemized categories in paragraph (2)(c). Within 14 days after
   55  the end of each fiscal quarter, the sheriff must provide a
   56  report to the board or commission, as applicable, of all fund
   57  transfers made in such completed quarter. The report must
   58  contain a sworn certificate stating the transfers of funds
   59  undertaken during the completed quarter were reasonable and
   60  necessary for the proper and efficient operation of the office,
   61  county jail, or provision of court services.
   62         (d)If a transfer of funds under this subsection requires
   63  the approval of the board of county commissioners or budget
   64  commission, as applicable, the sheriff may apply to the board or
   65  commission for a transfer of funds as necessary. The sheriff’s
   66  request must contain all relevant information and justification
   67  supporting the sheriff’s need for the transfer of funds. The
   68  board or commission, as applicable, must place the transfer
   69  request on its consent agenda at the next scheduled meeting of
   70  the board or commission that occurs not more than 15 days after
   71  the date the sheriff submits the request to transfer funds. The
   72  transfer request may not be removed from the consent agenda,
   73  except upon a majority vote of the board or commission, as
   74  applicable. The board or commission may not deny the sheriff’s
   75  request to transfer funds between the functional categories in
   76  paragraph (2)(a) or between the itemized categories in paragraph
   77  (2)(c) except upon a supermajority vote of the entire membership
   78  of the board or commission, as applicable.
   79         (e)After the board of county commissioners or budget
   80  commission, as applicable, approves the sheriff’s budget under
   81  this section, the sheriff may transfer funds between
   82  expenditures at the subobject code level without approval of the
   83  board or commission. As provided in subsection (3), the board or
   84  commission may not amend, modify, increase, or reduce any
   85  expenditure at the subobject code level.
   86         Section 2. Subsection (3) of section 129.06, Florida
   87  Statutes, is amended to read:
   88         129.06 Execution and amendment of budget.—
   89         (3) Except as authorized in s. 30.49(12), only the
   90  following transfers may be made between funds:
   91         (a) Transfers to correct errors in handling receipts and
   92  disbursements.
   93         (b) Budgeted transfers.
   94         (c) Transfers to properly account for unanticipated revenue
   95  or increased receipts.
   96  
   97  ================= T I T L E  A M E N D M E N T ================
   98  And the title is amended as follows:
   99         Delete lines 2 - 3
  100  and insert:
  101         An act relating to law enforcement; amending s. 30.49,
  102         F.S.; authorizing a sheriff to transfer funds between
  103         specified functional categories or itemized categories
  104         under certain circumstances; authorizing the board of
  105         county commissioners or the budget commission to
  106         establish by ordinance or resolution a policy
  107         prescribing the manner in which a sheriff may transfer
  108         funds between certain functional or itemized
  109         categories; providing requirements and prohibitions if
  110         the board or commission establishes such a policy;
  111         requiring the sheriff to submit a report to the board
  112         or commission as applicable; providing report
  113         requirements; authorizing the sheriff to transfer
  114         funds between such functional or itemized categories
  115         if the board or commission has not adopted a specified
  116         policy; requiring the sheriff to submit a report to
  117         the board or commission as applicable; requiring
  118         certification by the sheriff; authorizing the sheriff
  119         to apply for a transfer of funds in specified
  120         circumstances; requiring the placement of such request
  121         on a consent agenda within a specified time period;
  122         specifying vote requirements to remove a transfer
  123         request from a consent agenda or to deny such request;
  124         allowing the sheriff to transfer funds from certain
  125         subobject code levels; amending s. 129.06, F.S.;
  126         conforming a provision to changes made by the act;
  127         amending s. 145.071, F.S.;