The Corporation is required to obtain approval from the Commissioner
as follows.
(1) The Commissioner must approve in writing the Corporation's
policy for the procurement of goods and/or services. The procurement
policy must be reviewed annually following initial approval. The procurement
policy of the Corporation shall include:
(A) a requirement in regards to purchases of goods
or services:
(i) that all purchase, service and/or lease agreements
over the amount of $20,000 be approved by the Commissioner;
(ii) a requirement that a statement of justification
of need for the goods or services being purchased and/or leased be
provided for each purchase and/or lease; and
(iii) a provision that excludes routine or day-to-day
operating expenditures such as office supplies, payroll or utilities
from this requirement.
(B) provisions for obtaining of competitive bids, including
a requirement that bid announcements (request for bids) for purchases
and/or leases, or financing of purchases and/or leases over the amount
of $20,000 be approved by the Commissioner prior to distribution of
the request for bid.
(2) The Corporation must obtain approval in writing
from the Commissioner to borrow money to fund operations of the Corporation.
(A) An approval request for the borrowing of money
must first be approved by a majority of the board in an open meeting.
(B) Once approved by the board, the request for approval
to borrow money must be submitted to the Commissioner in writing at
least 30 days before the date of the actual borrowing transaction
and include:
(i) name and address of lender;
(ii) amount to be borrowed;
(iii) copy of terms of agreement for the transaction
and any supporting documentation;
(iv) a statement of justification for choosing the
lender including other options considered; and
(v) any other information requested by the Commissioner.
(3) The Commissioner shall review and approve the Corporation's
operating budget in writing. No funds may be used to fund programs
not approved by the Commissioner. The budget must:
(A) be approved on an annual basis to correspond with
the Corporation's fiscal year;
(B) be submitted at least 30 days prior to be the end
of the Corporation's fiscal year;
(C) be approved by the Corporation board in an open
meeting prior to submission to the Commissioner;
(D) include the following:
(i) a breakdown of expenses to show the budget as projected
by zone;
(ii) a breakdown of Corporation operating expenses;
(iii) total projected budget including expenses for
goods and services to be approved by the Commissioner; and
(iv) a description of programs to be implemented using
budgeted funds.
(4) Budget revisions are permitted between the approved
budget line items. Prior written approval from the Commissioner is
required on all cumulative transfers for the fiscal year covered by
the proposed budget of funds among budget line items when the amount
transferred exceeds 10% of the total annual budget.
(5) The Commissioner must approve in writing the use
of a bank depository prior to the deposit of funds by the Corporation.
(6) The Corporation must seek written approval from
the Commissioner to enter cooperative agreements to destroy and manage
pests and diseases in this state between the Corporation and:
(A) an agency of the federal government;
(B) a state agency;
(C) an appropriate agency of a foreign country contiguous
to the affected area to the extent allowed by federal law;
(D) a person who is engaged in growing, processing,
marketing, or handling citrus;
(E) a group of persons in this state involved in similar
programs to carry out the purposes of this Chapter; or
(F) an appropriate state agency of another state contiguous
to the affected area, to the extent allowed by federal law, the law
of the contiguous state, and the law of this state.
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