DEPARTMENT OF FINANCIAL SERVICES
{PRIVATE }
DIVISION OF ACCOUNTING & AUDITING
NOTICE OF PROPOSED RULE DEVELOPMENT
RULE:
RULE TITLE:
69I-40.120, F.A.C.
Advance Payments
PURPOSE AND EFFECT: The proposed rule amendment rewords an existing rule establishing the procedure for
the Chief Financial Officer’s approval of advance payments to vendors by state agencies. The existing rule uses the
word “waiver” which is not a correct characterization of what is authorized by paragraph 216.181(16)(b), Florida
Statutes. The amendment corrects this.
SUBJECT AREA TO BE ADDRESSED: Advance payments by state agencies.
RULEMAKING AUTHORITY: 17.29, 215.422(14), F.S.
LAW IMPLEMENTED: 215.422, 216.181, F.S.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE, AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, January 9, 2015 @ 9:30 AM
PLACE: Room 116 Larson Building, 200 East Gaines Street, Tallahassee, Florida.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY
OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mark Merry, Bureau Chief, Bureau of Auditing, Division
of Accounting and Auditing, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 323990355, (850) 413-3704 or Mark.Merry@myfloridacfo.com.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to
participate in this program, please advise the Department at least 5 calendar days before the program by contacting
the person listed above.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
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69I-40.120 Advance Payments.
(1) Advance payment may be made in accordance with subsectionSection 216.181(16), Florida Statutes,
subsectionSection 215.422(14), Florida Statutes, or as otherwise provided by law.
(2) Agencies wishing to make advance payment under the provisions of paragraphSection 216.181(16)(b),
Florida Statutes, in excess of the expected cash needs of the contractor or recipient for the initial three months but in
a manner other than that required by that section must request a waiver of the section from the Chief Financial
Officer to grant approval of an advance of funds beyond the three-month requirement. The request for
approvalwaiver must include the appropriation line item number and, justification for advancing funds in a manner
other than as required by paragraphSection 216.181(16)(b), Florida Statutes, and must show why such advance
payment is in the best interest of the State. Requests for waiver should be addressed to:
Bureau of Auditing
Department of Financial Services
200 East Gaines Street
Tallahassee, Florida 32399-0355
After reviewing the request and consulting with the appropriations committees of both houses of the Legislature, the
Office of the Chief Financial Officer’s Office will notify the agency in writing of the approval or disapproval of the
request.
(3) Advance payment may be made under the provisions of subsectionSection 215.422(14), Florida Statutes, in
accordance with the following:
(a) and (b) No Change.
RulemakingSpecific Authority 17.29, 215.422(14) FS. Law Implemented 215.422, 216.181 FS. History–New 1-8-95, Amended 1229-96, Formerly 3A-40.120, Amended____________.
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