Paragraphs 69I-3.001(1)(b) and subsections 69I-3.001(2), 69I-3.004(3) and 69I-3.004(4), have been amended as follows.
69I-3.001 Consolidated Equipment Financing Program.
(1)(a) No change.
(b) “Agency”, for purposes of this rule, means any eligible participant in the Program, including the state or its agencies, as authorized by Section 287.064(1), F.S., each department, agency, board and commission in the executive branch, the judicial branch and the legislative branch of Florida government created by Chapter 20, F.S., the Executive Office of the Governor, the Florida Fish and Wildlife Conservation Commission, the Parole and Probation Commission, the State Board of Administration, the Agency for Health Care Administration, the Department of Military Affairs, the Legislative Branch or the Judicial Branch of State Government.
(c) through (i) No change.
(2)(a) An Agency or Educational Institution that agency which desires to make deferred payment purchases shall make a written request to participate in the Program. An Agency shall make or a written request for exemption from the Program. The Legislature is not required to request an exemption and is exempt pursuant to Section 287.063(3), F.S.
(a) through (c) No change.
(3) through (9) No change.
69I-3.003 Procedure for Negotiation and Execution of Master Equipment Financing Agreements.
No change.
69I-3.004 Deferred Payment Commodity Contracting.
(1)(a) “Agency”, for purposes of this rule, means each department, agency, board and commission in the executive branch, and the judicial branch of Florida government. The legislative branch of Florida government is expressly exempt from this rule, according to Section 287.063(3), F.S.
(b) through (d) No change.
(2) No change.
(3) The Chief Financial Officer is authorized to determine that alternative financing would be cost-effective or otherwise beneficial to the state pursuant to Section 287.064(2), F.S., and thus exempt any equipment from financing under the Program. The factors to be examined by the Chief Financial Officer to determine whether the equipment may be deemed exempt from the Program shall include the following:
(a) through (f) No change.
(4) The Chief Financial Officer shall calculate and determine compliance with any interest rate limitations applicable to the Financing Agreement that is determined to be exempt from the Program. For the purpose of determining compliance with interest rate limitations on any proposed Financing Agreement, interest rates shall not include administrative costs, surcharges and insurance expense related to the financing, which is determined to be exempt from the Program in accordance with Sections 287.063(1)(b) and 287.063(2)(b)1., F.S.