Senate Bill sb0008Ac1

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    Florida Senate - 2003                            CS for SB 8-A

    By the Committee on Appropriations; and Senator Pruitt





    309-2619-03

  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         215.20, F.S.; revising the formula for

  4         contribution by certain trust funds to the

  5         General Revenue Fund; amending s. 215.22, F.S.;

  6         exempting certain trust funds and revenues from

  7         the appropriation required by s. 215.20, F.S.;

  8         amending  s. 18.10, F.S.; appropriating certain

  9         earnings on investments to the General Revenue

10         Fund; amending s. 18.125, F.S.; providing for

11         the method of investment, and the disposition

12         of interest earned on such investment, of

13         certain trust fund moneys of specified

14         agencies; amending s. 14.2015, F.S.; revising

15         disposition of certain interest earned by the

16         Office of Tourism, Trade, and Economic

17         Development; amending s. 1009.66, F.S.;

18         revising disposition of interest earned on

19         Nursing Student Loan Forgiveness Trust Fund

20         moneys; amending s. 385.207, F.S.; revising

21         disposition of interest earned on Epilepsy

22         Services Trust Fund moneys; amending s. 938.01,

23         F.S.; revising disposition of interest earned

24         on specified trust funds of the Department of

25         Law Enforcement and Department of Children and

26         Family Services; reenacting s. 215.32, F.S.,

27         relating to segregation of state funds;

28         providing for construction of the act in pari

29         materia with laws enacted during the Regular

30         Session of the Legislature; providing an

31         effective date.

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    Florida Senate - 2003                            CS for SB 8-A
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 215.20, Florida Statutes, as

 4  amended by section 61 of chapter 2002-402, Laws of Florida, is

 5  amended to read:

 6         (Substantial rewording of section. See

 7         s. 215.20, F.S., for present text.)

 8         215.20  Certain income and certain trust funds to

 9  contribute to the General Revenue Fund.--

10         (1)  A service charge of 7 percent, representing the

11  estimated pro rata share of the cost of general government

12  paid from the General Revenue Fund, is hereby appropriated

13  from all income of a revenue nature deposited in all trust

14  funds except those enumerated in s. 215.22.  Income of a

15  revenue nature shall include all earnings received or credited

16  by such trust funds, including the interest or benefit

17  received from the investment of the principal of such trust

18  funds as may be permitted by law.  This provision shall be

19  construed in favor of the General Revenue Fund in each

20  instance.  All such appropriations shall be deposited in the

21  General Revenue Fund.

22         (2)  Notwithstanding the provisions of subsection (1):

23         (a)  The trust funds of the Department of Citrus and

24  the Department of Agriculture and Consumer Services, including

25  funds collected in the General Inspection Trust Fund for

26  marketing orders and in the Florida Citrus Advertising Trust

27  Fund, shall be subject to a 3-percent service charge, which is

28  hereby appropriated to the General Revenue Fund.  This

29  paragraph does not apply to the Conservation and Recreation

30  Lands Program Trust Fund, the Florida Quarter Horse Racing

31  Promotion Trust Fund, the Citrus Inspection Trust Fund, the

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    Florida Senate - 2003                            CS for SB 8-A
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 1  Florida Forever Program Trust Fund, the Florida Preservation

 2  2000 Trust Fund, the Market Improvements Working Capital Trust

 3  Fund, the Pest Control Trust Fund, the Plant Industry Trust

 4  Fund, or other funds collected in the General Inspection Trust

 5  Fund in the Department of Agriculture and Consumer Services.

 6         (b)  The Save the Manatee Trust Fund in the Fish and

 7  Wildlife Conservation Commission shall be subject to a

 8  3-percent service charge, which is hereby appropriated to the

 9  General Revenue Fund.

10         (3)  A service charge of 0.3 percent is hereby

11  appropriated from income of a revenue nature deposited in the

12  trust funds enumerated in subsection (4). Income of a revenue

13  nature shall include all earnings received or credited by such

14  trust funds, including the interest or benefit received from

15  the investment of the principal of such trust funds as may be

16  permitted by law. This provision shall be construed in favor

17  of the General Revenue Fund in each instance.  All such

18  appropriations shall be deposited in the General Revenue Fund.

19         (4)  The income of a revenue nature deposited in the

20  following described trust funds, by whatever name designated,

21  is that from which the appropriations authorized by subsection

22  (3) shall be made:

23         (a)  Within the Agency for Health Care Administration:

24         1.  The Florida Organ and Tissue Donor Education and

25  Procurement Trust Fund.

26         2.  The Health Care Trust Fund.

27         3.  The Resident Protection Trust Fund.

28         (b)  Within the Agency for Workforce Innovation:

29         1.  The Employment Security Administration Trust Fund.

30         2.  The Special Employment Security Administration

31  Trust Fund.

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    Florida Senate - 2003                            CS for SB 8-A
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 1         (c)  Within the Department of Agriculture and Consumer

 2  Services:

 3         1.  The Conservation and Recreation Lands Program Trust

 4  Fund.

 5         2.  The Florida Quarter Horse Racing Promotion Trust

 6  Fund.

 7         3.  The General Inspection Trust Fund and subsidiary

 8  accounts thereof, unless a different percentage is authorized

 9  by s. 570.20.

10         4.  The Division of Licensing Trust Fund.

11         (d)  Within the Department of Business and Professional

12  Regulation:

13         1.  The Administrative Trust Fund.

14         2.  The Alcoholic Beverage and Tobacco Trust Fund.

15         3.  The Cigarette Tax Collection Trust Fund.

16         4.  The Division of Florida Land Sales, Condominiums,

17  and Mobile Homes Trust Fund.

18         5.  The Hotel and Restaurant Trust Fund, with the

19  exception of those fees collected for the purpose of funding

20  of the hospitality education program as stated in s. 509.302.

21         6.  The Professional Regulation Trust Fund.

22         7.  The trust funds administered by the Division of

23  Pari-mutuel Wagering.

24         (e)  Within the Department of Children and Family

25  Services:

26         1.  The Administrative Trust Fund.

27         2.  The Child Welfare Training Trust Fund.

28         3.  The Children and Adolescents Substance Abuse Trust

29  Fund.

30         4.  The Domestic Violence Trust Fund.

31         5.  The Grants and Donations Trust Fund.

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    Florida Senate - 2003                            CS for SB 8-A
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 1         6.  The Operations and Maintenance Trust Fund.

 2         (f)  Within the Department of Citrus, the Florida

 3  Citrus Advertising Trust Fund, including transfers from any

 4  subsidiary accounts thereof, unless a different percentage is

 5  authorized in s. 601.15(7).

 6         (g)  Within the Department of Community Affairs, the

 7  Operating Trust Fund.

 8         (h)  Within the Department of Education:

 9         1.  The Educational Certification and Service Trust

10  Fund.

11         2.  The Phosphate Research Trust Fund.

12         (i)  Within the Department of Elderly Affairs:

13         1.  The Administrative Trust Fund.

14         2.  The Federal Grants Trust Fund.

15         3.  The Grants and Donations Trust Fund.

16         4.  The Operations and Maintenance Trust Fund.

17         (j)  Within the Department of Environmental Protection:

18         1.  The Administrative Trust Fund.

19         2.  The Air Pollution Control Trust Fund.

20         3.  The Conservation and Recreation Lands Trust Fund.

21         4.  The Ecosystem Management and Restoration Trust

22  Fund.

23         5.  The Environmental Laboratory Trust Fund.

24         6.  The Florida Coastal Protection Trust Fund.

25         7.  The Florida Permit Fee Trust Fund.

26         8.  The Forfeited Property Trust Fund.

27         9.  The Grants and Donations Trust Fund.

28         10.  The Inland Protection Trust Fund.

29         11.  The Internal Improvement Trust Fund.

30         12.  The Land Acquisition Trust Fund.

31         13.  The Minerals Trust Fund.

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    Florida Senate - 2003                            CS for SB 8-A
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 1         14.  The Nonmandatory Land Reclamation Trust Fund.

 2         15.  The State Park Trust Fund.

 3         16.  The Water Quality Assurance Trust Fund.

 4         17.  The Working Capital Trust Fund.

 5         (k)  Within the Department of Financial Services:

 6         1.  The Agents and Solicitors County Tax Trust Fund.

 7         2.  The Insurance Regulatory Trust Fund.

 8         3.  The Special Disability Trust Fund.

 9         4.  The Workers' Compensation Administration Trust

10  Fund.

11         (l)  Within the Department of Health:

12         1.  The Administrative Trust Fund.

13         2.  The Brain and Spinal Cord Injury Program Trust

14  Fund.

15         3.  The Donations Trust Fund.

16         4.  The Emergency Medical Services Trust Fund.

17         5.  The Epilepsy Services Trust Fund.

18         6.  The Florida Drug, Device, and Cosmetic Trust Fund.

19         7.  The Grants and Donations Trust Fund.

20         8.  The Medical Quality Assurance Trust Fund.

21         9.  The Nursing Student Loan Forgiveness Trust Fund.

22         10.  The Planning and Evaluation Trust Fund.

23         11.  The Radiation Protection Trust Fund.

24         (m)  Within the Department of Highway Safety and Motor

25  Vehicles, the DUI Programs Coordination Trust Fund.

26         (n)  Within the Department of Legal Affairs, the Crimes

27  Compensation Trust Fund.

28         (o)  Within the Department of Management Services:

29         1.  The Administrative Trust Fund.

30         2.  The Architects Incidental Trust Fund.

31         3.  The Bureau of Aircraft Trust Fund.

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    Florida Senate - 2003                            CS for SB 8-A
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 1         4.  The Florida Facilities Pool Working Capital Trust

 2  Fund.

 3         5.  The Grants and Donations Trust Fund.

 4         6.  The Motor Vehicle Operating Trust Fund.

 5         7.  The Police and Firefighters' Premium Tax Trust

 6  Fund.

 7         8.  The Public Employees Relations Commission Trust

 8  Fund.

 9         9.  The State Personnel System Trust Fund.

10         10.  The Supervision Trust Fund.

11         11.  The Working Capital Trust Fund.

12         (p)  Within the Department of Revenue:

13         1.  The Additional Court Cost Clearing Trust Fund.

14         2.  The Administrative Trust Fund.

15         3.  The Apalachicola Bay Oyster Surcharge Clearing

16  Trust Fund.

17         4.  The Certification Program Trust Fund.

18         5.  The Fuel Tax Collection Trust Fund.

19         6.  The Land Reclamation Trust Fund.

20         7.  The Local Alternative Fuel User Fee Clearing Trust

21  Fund.

22         8.  The Local Option Fuel Tax Trust Fund.

23         9.  The Motor Vehicle Rental Surcharge Clearing Trust

24  Fund.

25         10.  The Motor Vehicle Warranty Trust Fund.

26         11.  The Oil and Gas Tax Trust Fund.

27         12.  The Secondhand Dealer and Secondary Metals

28  Recycler Clearing Trust Fund.

29         13.  The Severance Tax Solid Mineral Trust Fund.

30         14.  The State Alternative Fuel User Fee Clearing Trust

31  Fund.

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    Florida Senate - 2003                            CS for SB 8-A
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 1         15.  All taxes levied on motor fuels other than

 2  gasoline levied pursuant to the provisions of s. 206.87(1)(a).

 3         (q)  Within the Department of State:

 4         1.  The Records Management Trust Fund.

 5         2.  The trust funds administered by the Division of

 6  Historical Resources.

 7         (r)  Within the Department of Transportation, all

 8  income derived from outdoor advertising and overweight

 9  violations which is deposited in the State Transportation

10  Trust Fund.

11         (s)  Within the Department of Veterans' Affairs:

12         1.  The Grants and Donations Trust Fund.

13         2.  The Operations and Maintenance Trust Fund.

14         3.  The State Homes for Veterans Trust Fund.

15         (t)  Within the Division of Administrative Hearings,

16  the Administrative Trust Fund.

17         (u)  Within the Fish and Wildlife Conservation

18  Commission:

19         1.  The Conservation and Recreation Lands Program Trust

20  Fund.

21         2.  The Florida Panther Research and Management Trust

22  Fund.

23         3.  The Land Acquisition Trust Fund.

24         4.  The Marine Resources Conservation Trust Fund, with

25  the exception of those fees collected for recreational

26  saltwater fishing licenses as provided in s. 372.57.

27         (v)  Within the Florida Public Service Commission, the

28  Florida Public Service Regulatory Trust Fund.

29         (w)  Within the Justice Administrative Commission, the

30  Indigent Criminal Defense Trust Fund.

31  

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    Florida Senate - 2003                            CS for SB 8-A
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 1         (x)  Within the Office of Financial Regulation of the

 2  Financial Services Commission:

 3         1.  The Administrative Trust Fund.

 4         2.  The Anti-Fraud Trust Fund.

 5         3.  The Financial Institutions' Regulatory Trust Fund.

 6         4.  The Mortgage Brokerage Guaranty Fund.

 7         5.  The Regulatory Trust Fund.

 8  

 9  The enumeration of the foregoing moneys or trust funds shall

10  not prohibit the applicability thereto of s. 215.24 should the

11  Governor determine that for the reasons mentioned in s. 215.24

12  the money or trust funds should be exempt herefrom, as it is

13  the purpose of this law to exempt income from its force and

14  effect when, by the operation of this law, federal matching

15  funds or contributions or private grants to any trust fund

16  would be lost to the state.

17         (5)  There is appropriated from the proper respective

18  trust funds from time to time such sums as may be necessary to

19  pay to the General Revenue Fund the service charges imposed by

20  this section.

21         Section 2.  Subsection (1) of section 215.22, Florida

22  Statutes, as amended by section 63 of chapter 2002-402, Laws

23  of Florida, is amended to read:

24         215.22  Certain income and certain trust funds

25  exempt.--

26         (1)  The following income of a revenue nature or the

27  following trust funds shall be exempt from the appropriation

28  deduction required by s. 215.20(1):

29         (a)  Student financial aid or prepaid tuition receipts.

30         (b)  Trust funds administered by the Department of the

31  Lottery.

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    Florida Senate - 2003                            CS for SB 8-A
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 1         (c)  Departmental administrative assessments for

 2  administrative divisions.

 3         (d)  Funds charged by a state agency for services

 4  provided to another state agency, by a state agency for

 5  services provided to the judicial branch, or by the judicial

 6  branch for services provided to a state agency.

 7         (e)  State, agency, or political subdivision

 8  investments by the Chief Financial Officer Treasurer.

 9         (f)  Retirement or employee benefit funds.

10         (g)  Self-insurance programs administered by the Chief

11  Financial Officer Treasurer.

12         (h)  Funds held for the payment of citrus canker

13  eradication and compensation.

14         (i)  Medicaid, Medicare, or third-party receipts for

15  client custodial care.

16         (j)  Bond proceeds or revenues dedicated for bond

17  repayment, except for the Documentary Stamp Clearing Trust

18  Fund administered by the Department of Revenue.

19         (k)  Trust funds administered by the Department of

20  Education.

21         (l)  Trust funds administered by the Department of

22  Transportation.

23         (m)  The following trust funds administered by the

24  Department of Agriculture and Consumer Services:.

25         1.  The Citrus Inspection Trust Fund.

26         2.  The Florida Forever Program Trust Fund.

27         3.  The Florida Preservation 2000 Trust Fund.

28         4.  The Market Improvements Working Capital Trust Fund.

29         5.  The Pest Control Trust Fund.

30         6.  The Plant Industry Trust Fund.

31         (n)  The Motor Vehicle License Clearing Trust Fund.

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    Florida Senate - 2003                            CS for SB 8-A
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 1         (o)  The Solid Waste Management Trust Fund.

 2         (p)  The Coconut Grove Playhouse Trust Fund.

 3         (q)  The Communications Working Capital Trust Fund of

 4  the Department of Management Services.

 5         (r)  The Camp Blanding Management Trust Fund.

 6         (s)  The Indigent Criminal Defense Trust Fund.

 7         (s)(t)  That portion of the Highway Safety Operating

 8  Trust Fund funded by the motorcycle safety education fee

 9  collected pursuant to s. 320.08(1)(c).

10         (u)  The Save the Manatee Trust Fund.

11         (t)(v)  Tobacco Settlement Trust Funds administered by

12  any agency.

13         (u)(w)  The Save Our Everglades Trust Fund.

14         (v)(x)  The Florida Center for Nursing Trust Fund.

15         Section 3.  Subsection (4) of section 18.10, Florida

16  Statutes, as amended by section 65 of chapter 2002-402, Laws

17  of Florida, is amended to read:

18         18.10  Deposits and investments of state money.--

19         (4)  All earnings on any investments made pursuant to

20  this section are hereby appropriated shall be credited to the

21  General Revenue Fund, except that earnings attributable to

22  moneys made available pursuant to s. 18.125(3)(a) and (b) s.

23  18.125(3) shall be credited pro rata to the funds from which

24  such moneys were made available.

25         Section 4.  Subsection (3) of section 18.125, Florida

26  Statutes, as amended by section 67 of chapter 2002-402, Laws

27  of Florida, is amended to read:

28         18.125  Treasurer; powers and duties in the investment

29  of certain funds.--

30         (3)(a)  Except as otherwise provided in this

31  subsection, it is the duty of each state agency, and of the

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    Florida Senate - 2003                            CS for SB 8-A
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 1  judicial branch, now or hereafter charged with the

 2  administration of the funds referred to in subsection (1) to

 3  make such moneys available for investment as fully as is

 4  consistent with the cash requirements of the particular fund

 5  and to authorize investment of such moneys by the Chief

 6  Financial Officer Treasurer.

 7         (b)  Monthly, and more often as circumstances require,

 8  such agency or judicial branch shall notify the Chief

 9  Financial Officer Treasurer of the amount available for

10  investment; and the moneys shall be invested by the Chief

11  Financial Officer Treasurer. Such notification shall include

12  the name and number of the fund for which the investments are

13  to be made and the life of the investment if the principal sum

14  is to be required for meeting obligations. This subsection,

15  however, shall not be construed to make available for

16  investment any funds other than those referred to in

17  subsection (1).

18         (c)  Except as provided in this paragraph and except

19  for moneys described in paragraph (d), the following agencies

20  shall not invest trust fund moneys as provided in this

21  section, but shall retain such moneys in their respective

22  trust funds for investment, with interest appropriated to the

23  General Revenue Fund, pursuant to s. 18.10:

24         1.  The Agency for Health Care Administration, except

25  for the Tobacco Settlement Trust Fund.

26         2.  The Department of Children and Family Services,

27  except for:

28         a.  The Alcohol, Drug Abuse, and Mental Health Trust

29  Fund.

30         b.  The Community Resources Development Trust Fund.

31         c.  The Refugee Assistance Trust Fund.

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    Florida Senate - 2003                            CS for SB 8-A
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 1         d.  The Social Services Block Grant Trust Fund.

 2         e.  The Tobacco Settlement Trust Fund.

 3         f.  The Working Capital Trust Fund.

 4         3.  The Department of Community Affairs, only for the

 5  Operating Trust Fund.

 6         4.  The Department of Corrections.

 7         5.  The Department of Elderly Affairs, except for:

 8         a.  The Federal Grants Trust Fund.

 9         b.  The Tobacco Settlement Trust Fund.

10         6.  The Department of Health, except for:

11         a.  The Federal Grants Trust Fund.

12         b.  The Grants and Donations Trust Fund.

13         c.  The Maternal and Child Health Block Grant Trust

14  Fund.

15         d.  The Tobacco Settlement Trust Fund.

16         7.  The Department of Highway Safety and Motor

17  Vehicles, only for:

18         a.  The DUI Programs Coordination Trust Fund.

19         b.  The Security Deposits Trust Fund.

20         8.  The Department of Juvenile Justice.

21         9.  The Department of Law Enforcement.

22         10.  The Department of Legal Affairs.

23         11.  The Department of State, only for:

24         a.  The Grants and Donations Trust Fund.

25         b.  The Records Management Trust Fund.

26         12.  The Executive Office of the Governor, only for:

27         a.  The Economic Development Transportation Trust Fund.

28         b.  The Economic Development Trust Fund.

29         13.  The Florida Public Service Commission, only for

30  the Florida Public Service Regulatory Trust Fund.

31         14.  The Justice Administrative Commission.

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    Florida Senate - 2003                            CS for SB 8-A
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 1         15.  The state courts system.

 2         (d)  Moneys in any trust funds of the agencies in

 3  paragraph (c) may be invested pursuant to the provisions of

 4  this section if:

 5         1.  Investment of such moneys and the retention of

 6  interest is required by federal programs or mandates;

 7         2.  Investment of such moneys and the retention of

 8  interest is required by bond covenants, indentures, or

 9  resolutions;

10         3.  Such moneys are held by the state in a trustee

11  capacity as an agent or fiduciary for individuals, private

12  organizations, or other governmental units; or

13         4.  The Executive Office of the Governor determines,

14  after consultation with the Legislature pursuant to the

15  procedures of s. 216.177, that federal matching funds or

16  contributions or private grants to any trust fund would be

17  lost to the state.

18         Section 5.  Paragraph (f) of subsection (2) of section

19  14.2015, Florida Statutes, as amended by section 69 of chapter

20  2002-402, Laws of Florida, is amended to read:

21         14.2015  Office of Tourism, Trade, and Economic

22  Development; creation; powers and duties.--

23         (2)  The purpose of the Office of Tourism, Trade, and

24  Economic Development is to assist the Governor in working with

25  the Legislature, state agencies, business leaders, and

26  economic development professionals to formulate and implement

27  coherent and consistent policies and strategies designed to

28  provide economic opportunities for all Floridians.  To

29  accomplish such purposes, the Office of Tourism, Trade, and

30  Economic Development shall:

31  

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    Florida Senate - 2003                            CS for SB 8-A
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 1         (f)1.  Administer the Florida Enterprise Zone Act under

 2  ss. 290.001-290.016, the community contribution tax credit

 3  program under ss. 220.183 and 624.5105, the tax refund program

 4  for qualified target industry businesses under s. 288.106, the

 5  tax-refund program for qualified defense contractors under s.

 6  288.1045, contracts for transportation projects under s.

 7  288.063, the sports franchise facility program under s.

 8  288.1162, the professional golf hall of fame facility program

 9  under s. 288.1168, the expedited permitting process under s.

10  403.973, the Rural Community Development Revolving Loan Fund

11  under s. 288.065, the Regional Rural Development Grants

12  Program under s. 288.018, the Certified Capital Company Act

13  under s. 288.99, the Florida State Rural Development Council,

14  the Rural Economic Development Initiative, and other programs

15  that are specifically assigned to the office by law, by the

16  appropriations process, or by the Governor. Notwithstanding

17  any other provisions of law, the office may expend interest

18  earned from the investment of program funds deposited in the

19  Economic Development Trust Fund, the Grants and Donations

20  Trust Fund and, the Brownfield Property Ownership Clearance

21  Assistance Revolving Loan Trust Fund, and the Economic

22  Development Transportation Trust Fund to contract for the

23  administration of the programs, or portions of the programs,

24  enumerated in this paragraph or assigned to the office by law,

25  by the appropriations process, or by the Governor. Such

26  expenditures shall be subject to review under chapter 216.

27         2.  The office may enter into contracts in connection

28  with the fulfillment of its duties concerning the Florida

29  First Business Bond Pool under chapter 159, tax incentives

30  under chapters 212 and 220, tax incentives under the Certified

31  Capital Company Act in chapter 288, foreign offices under

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 1  chapter 288, the Enterprise Zone program under chapter 290,

 2  the Seaport Employment Training program under chapter 311, the

 3  Florida Professional Sports Team License Plates under chapter

 4  320, Spaceport Florida under chapter 331, Expedited Permitting

 5  under chapter 403, and in carrying out other functions that

 6  are specifically assigned to the office by law, by the

 7  appropriations process, or by the Governor.

 8         Section 6.  Subsection (7) of section 1009.66, Florida

 9  Statutes, as amended by section 71 of chapter 2002-402, Laws

10  of Florida, by section 3 of chapter 2002-400, Laws of Florida,

11  and by chapter 2003-1, Laws of Florida, is amended to read:

12         1009.66  Nursing Student Loan Forgiveness Program.--

13         (7)(a)  Funds contained in the Nursing Student Loan

14  Forgiveness Trust Fund which are to be used for loan

15  forgiveness for those nurses employed by hospitals, birth

16  centers, and nursing homes must be matched on a

17  dollar-for-dollar basis by contributions from the employing

18  institutions, except that this provision shall not apply to

19  state-operated medical and health care facilities, public

20  schools, county health departments, federally sponsored

21  community health centers, teaching hospitals as defined in s.

22  408.07, family practice teaching hospitals as defined in s.

23  395.805, or specialty hospitals for children as used in s.

24  409.9119. An estimate of the annual trust fund dollars shall

25  be made at the beginning of the fiscal year based on historic

26  expenditures from the trust fund. Applicant requests shall be

27  reviewed on a quarterly basis, and applicant awards shall be

28  based on the following priority of employer until all such

29  estimated trust funds are awarded: state-operated medical and

30  health care facilities; public schools; county health

31  departments; federally sponsored community health centers;

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 1  teaching hospitals as defined in s. 408.07; family practice

 2  teaching hospitals as defined in s. 395.805; specialty

 3  hospitals for children as used in s. 409.9119; and other

 4  hospitals, birth centers, and nursing homes.

 5         (b)  All Nursing Student Loan Forgiveness Trust Fund

 6  moneys shall be invested pursuant to s. 18.125.  Interest

 7  income accruing to that portion of the trust fund not matched

 8  shall increase the total funds available for loan forgiveness

 9  and scholarships. Pledged contributions shall not be eligible

10  for matching prior to the actual collection of the total

11  private contribution for the year.

12         Section 7.  Subsection (3) of section 385.207, Florida

13  Statutes, as amended by section 73 of chapter 2002-402, Laws

14  of Florida, is amended to read:

15         385.207  Care and assistance of persons with epilepsy;

16  establishment of programs in epilepsy control.--

17         (3)  Revenue for statewide implementation of programs

18  for epilepsy prevention and education pursuant to this section

19  shall be derived pursuant to the provisions of s. 318.21(6)

20  and shall be deposited in the Epilepsy Services Trust Fund,

21  which is hereby established to be administered by the

22  Department of Health.  All funds deposited into the trust fund

23  shall be invested pursuant to the provisions of s. 18.125.

24  Interest income accruing to such invested funds shall increase

25  the total funds available under this subsection.

26         Section 8.  Subsection (1) of section 938.01, Florida

27  Statutes, as amended by section 77 of chapter 2002-402, Laws

28  of Florida, is amended to read:

29         938.01  Additional Court Cost Clearing Trust Fund.--

30         (1)  All courts created by Art. V of the State

31  Constitution shall, in addition to any fine or other penalty,

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 1  assess $3 as a court cost against every person convicted for

 2  violation of a state penal or criminal statute or convicted

 3  for violation of a municipal or county ordinance. Any person

 4  whose adjudication is withheld pursuant to the provisions of

 5  s. 318.14(9) or (10) shall also be assessed such cost. In

 6  addition, $3 from every bond estreature or forfeited bail bond

 7  related to such penal statutes or penal ordinances shall be

 8  remitted to the Department of Revenue as described in this

 9  subsection. However, no such assessment may be made against

10  any person convicted for violation of any state statute,

11  municipal ordinance, or county ordinance relating to the

12  parking of vehicles.

13         (a)  All costs collected by the courts pursuant to this

14  subsection shall be remitted to the Department of Revenue in

15  accordance with administrative rules adopted by the executive

16  director of the Department of Revenue for deposit in the

17  Additional Court Cost Clearing Trust Fund. These funds and the

18  funds deposited in the Additional Court Cost Clearing Trust

19  Fund pursuant to s. 318.21(2)(c) shall be distributed as

20  follows:

21         1.  Ninety-two percent to the Department of Law

22  Enforcement Criminal Justice Standards and Training Trust

23  Fund.

24         2.  Six and three-tenths percent to the Department of

25  Law Enforcement Operating Trust Fund for the Criminal Justice

26  Grant Program.

27         3.  One and seven-tenths percent to the Department of

28  Children and Family Services Domestic Violence Trust Fund for

29  the domestic violence program pursuant to s. 39.903(3).

30         (b)  The funds deposited in the Department of Law

31  Enforcement Criminal Justice Standards and Training Trust

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 1  Fund, the Department of Law Enforcement Operating Trust Fund,

 2  and the Department of Children and Family Services Domestic

 3  Violence Trust Fund may be invested. Any interest earned from

 4  investing such funds and any unencumbered funds remaining at

 5  the end of the budget cycle shall remain in the respective

 6  trust fund.

 7         (b)(c)  All funds in the Department of Law Enforcement

 8  Criminal Justice Standards and Training Trust Fund shall be

 9  disbursed only in compliance with s. 943.25(9).

10         Section 9.  Paragraph (b) of subsection (2) of section

11  215.32, Florida Statutes, is reenacted to read:

12         215.32  State funds; segregation.--

13         (2)  The source and use of each of these funds shall be

14  as follows:

15         (b)1.  The trust funds shall consist of moneys received

16  by the state which under law or under trust agreement are

17  segregated for a purpose authorized by law. The state agency

18  or branch of state government receiving or collecting such

19  moneys shall be responsible for their proper expenditure as

20  provided by law. Upon the request of the state agency or

21  branch of state government responsible for the administration

22  of the trust fund, the Chief Financial Officer Comptroller may

23  establish accounts within the trust fund at a level considered

24  necessary for proper accountability. Once an account is

25  established within a trust fund, the Chief Financial Officer

26  Comptroller may authorize payment from that account only upon

27  determining that there is sufficient cash and releases at the

28  level of the account.

29         2.  In order to maintain a minimum number of trust

30  funds in the State Treasury, each state agency or the judicial

31  branch may consolidate, if permitted under the terms and

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 1  conditions of their receipt, the trust funds administered by

 2  it; provided, however, the agency or judicial branch employs

 3  effectively a uniform system of accounts sufficient to

 4  preserve the integrity of such trust funds; and provided,

 5  further, that consolidation of trust funds is approved by the

 6  Governor or the Chief Justice.

 7         3.  All such moneys are hereby appropriated to be

 8  expended in accordance with the law or trust agreement under

 9  which they were received, subject always to the provisions of

10  chapter 216 relating to the appropriation of funds and to the

11  applicable laws relating to the deposit or expenditure of

12  moneys in the State Treasury.

13         4.a.  Notwithstanding any provision of law restricting

14  the use of trust funds to specific purposes, unappropriated

15  cash balances from selected trust funds may be authorized by

16  the Legislature for transfer to the Budget Stabilization Fund

17  and Working Capital Fund in the General Appropriations Act.

18         b.  This subparagraph does not apply to trust funds

19  required by federal programs or mandates; trust funds

20  established for bond covenants, indentures, or resolutions

21  whose revenues are legally pledged by the state or public body

22  to meet debt service or other financial requirements of any

23  debt obligations of the state or any public body; the State

24  Transportation Trust Fund; the trust fund containing the net

25  annual proceeds from the Florida Education Lotteries; the

26  Florida Retirement System Trust Fund; trust funds under the

27  management of the Board of Regents, where such trust funds are

28  for auxiliary enterprises, self-insurance, and contracts,

29  grants, and donations, as those terms are defined by general

30  law; trust funds that serve as clearing funds or accounts for

31  the Chief Financial Officer Comptroller or state agencies;

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 1  trust funds that account for assets held by the state in a

 2  trustee capacity as an agent or fiduciary for individuals,

 3  private organizations, or other governmental units; and other

 4  trust funds authorized by the State Constitution.

 5         Section 10.  If any law that is amended by this act was

 6  also amended by a law enacted at the 2003 Regular Session of

 7  the Legislature, such laws shall be construed as if they had

 8  been enacted during the same session of the Legislature, and

 9  full effect should be given to each if that is possible.

10         Section 11.  This act shall take effect July 1, 2003.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 8-A

14                                 

15  The committee substitute replaced references to the Treasurer
    and the Comptroller with the Chief Financial Officer, listed
16  trust funds correctly under the Department of Financial
    Services and the Office of Financial Regulation instead of
17  under the Department of Insurance and the Department of
    Banking and Finance, removed a reference to the Department of
18  Labor and Employment Security, and deleted a section on the
    Florida Motor Vehicle Theft Prevention Trust Fund which was
19  terminated during the regular session.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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