Florida Senate - 2012                                     SB 754
       
       
       
       By Senator Wise
       
       
       
       
       5-00640-12                                             2012754__
    1                        A bill to be entitled                      
    2         An act relating to educational enhancement; creating
    3         the Educational Excellence Endowment Fund within the
    4         Statewide Florida College System institution direct
    5         support organization; requiring that the Statewide
    6         Florida College System institution direct-support
    7         organization administer the endowment fund; providing
    8         purposes; requiring that the direct-support
    9         organization deposit revenues from gaming taxes and
   10         fees and other grants, gifts, and bequests of money
   11         into the endowment fund; requiring that the direct
   12         support organization invest the funds and use only the
   13         interest accrued; creating the Juvenile Justice
   14         Education and Training Endowment Fund within the
   15         direct-support organization for the Department of
   16         Juvenile Justice; requiring that the direct-support
   17         organization administer the endowment fund; providing
   18         purposes; requiring that the direct-support
   19         organization deposit revenues from gaming taxes and
   20         fees and other grants, gifts, and bequests of money
   21         into the endowment fund; requiring that the direct
   22         support organization invest the funds and use only the
   23         interest accrued; amending s. 24.121, F.S.; revising
   24         provisions relating to the allocation of revenues and
   25         the expenditure of funds deposited into the
   26         Educational Enhancement Trust Fund; requiring that the
   27         Department of Education transfer a specified
   28         percentage of the funds to the Statewide Florida
   29         College System institution direct-support organization
   30         and the direct-support organization for the Department
   31         of Juvenile Justice for the purpose of funding the
   32         Educational Excellence Endowment Fund and the Juvenile
   33         Justice Education and Training Endowment Fund;
   34         amending s. 285.710, F.S.; revising provisions
   35         relating to the Gaming Compact between the Seminole
   36         Tribe of Florida and the state; requiring that a
   37         specified percentage of the moneys paid by the Tribe
   38         be transferred from the General Revenue Fund to the
   39         Statewide Florida College System institution direct
   40         support organization and the direct-support
   41         organization for the Department of Juvenile Justice
   42         for the purpose of funding the Educational Excellence
   43         Endowment Fund and the Juvenile Justice Education and
   44         Training Endowment Fund; amending s. 551.106, F.S.;
   45         revising provisions relating to the deposit and
   46         distribution of the slot machine revenue tax;
   47         requiring that the Chief Financial Officer transfer a
   48         specified percentage of the funds collected from the
   49         Pari-mutuel Wagering Trust Fund to the Statewide
   50         Florida College System institution direct-support
   51         organization and the direct-support organization for
   52         the Department of Juvenile Justice for the purpose of
   53         funding the Educational Excellence Endowment Fund and
   54         the Juvenile Justice Education and Training Endowment
   55         Fund; amending s. 849.086, F.S.; revising provisions
   56         relating to the taxes imposed on cardrooms; requiring
   57         that the Chief Financial Officer transfer a specified
   58         percentage of the funds to the Statewide Florida
   59         College System institution direct-support organization
   60         and the direct-support organization for the Department
   61         of Juvenile Justice for the purpose of funding the
   62         Educational Excellence Endowment Fund and the Juvenile
   63         Justice Education and Training Endowment Fund;
   64         providing an effective date.
   65  
   66         WHEREAS, the Legislature finds that if an endowment fund
   67  had been created in which 2 percent of all lottery revenue
   68  generated from 1987 to 2011 were placed, the present value of
   69  the endowment fund would be worth over $320 million, and
   70         WHEREAS, the Legislature intends to establish endowment
   71  funds within the Statewide Florida College System institution
   72  direct-support organization and the direct-support organization
   73  for the Department of Juvenile Justice for the purpose of
   74  providing additional financial support to enhance public
   75  education, and
   76         WHEREAS, the Legislature intends for the state’s gaming
   77  revenue and gifts and bequests from corporations, private
   78  foundations, and individuals to be deposited into the endowment
   79  funds and invested for the purpose of generating interest, and
   80         WHEREAS, only the interest from the endowment funds may be
   81  used to support education program enhancements and activities
   82  related to employment and obtaining additional education
   83  opportunities, such as job certifications, college degrees, and
   84  reentry activities, NOW, THEREFORE,
   85  
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. The Educational Excellence Endowment Fund is
   89  created within and shall be administered by the Statewide
   90  Florida College System institution direct-support organization
   91  established in s. 1004.71, Florida Statutes. The purpose of the
   92  endowment fund is to enhance education programs and activities
   93  related to employment by providing opportunities and programs,
   94  training for specialized job certifications, and specialized
   95  degree programs. The direct-support organization shall deposit
   96  revenues received from gaming taxes and fees and other grants,
   97  gifts, and bequests of money into the endowment fund. The
   98  direct-support organization shall invest the funds and shall use
   99  only the interest accrued on the investment of the funds for the
  100  purposes provided in this section.
  101         Section 2. The Juvenile Justice Education and Training
  102  Endowment Fund is created within and shall be administered by
  103  the direct-support organization established in s. 985.672,
  104  Florida Statutes. The purpose of the endowment fund is to
  105  enhance education programs and activities related to employment
  106  by providing programs for job certification, trade and college
  107  degree programs, and community reentry training. The direct
  108  support organization shall deposit revenues received from gaming
  109  taxes and fees and other grants, gifts, and bequests of money
  110  into the endowment fund. The direct-support organization shall
  111  invest the funds and shall use only the interest accrued on the
  112  investment of the funds for the purposes provided in this
  113  section.
  114         Section 3. Subsection (2) of section 24.121, Florida
  115  Statutes, is amended to read:
  116         24.121 Allocation of revenues and expenditure of funds for
  117  public education.—
  118         (2) Each fiscal year, variable percentages of the gross
  119  revenue from the sale of online and instant lottery tickets as
  120  determined by the department consistent with subsection (1), and
  121  other earned revenue, excluding application processing fees,
  122  shall be deposited in the Educational Enhancement Trust Fund,
  123  which is hereby created in the State Treasury to be administered
  124  by the Department of Education. The Department of Education
  125  shall transfer 1.5 percent of the funds deposited in the
  126  Educational Enhancement Trust Fund to the Statewide Florida
  127  College System institution direct-support organization
  128  established in s. 1004.71, and that amount shall be used to fund
  129  the Educational Excellence Endowment Fund. The Department of
  130  Education shall also transfer 0.5 percent of the funds deposited
  131  in the Educational Enhancement Trust Fund to the direct-support
  132  organization established in s. 985.672, and that amount shall be
  133  used to fund the Juvenile Justice Education and Training
  134  Endowment Fund. The Department of the Lottery shall transfer
  135  moneys to the Educational Enhancement Trust Fund at least once
  136  each quarter. Funds in the Educational Enhancement Trust Fund
  137  shall be used to the benefit of public education in accordance
  138  with the provisions of this act. Notwithstanding any other
  139  provision of law, lottery revenues transferred to the
  140  Educational Enhancement Trust Fund shall be reserved as needed
  141  and used to meet the requirements of the documents authorizing
  142  the bonds issued by the state pursuant to s. 1013.68, s.
  143  1013.70, or s. 1013.737 or distributed to school districts for
  144  the Classrooms First Program as provided in s. 1013.68. The Such
  145  lottery revenues are hereby pledged to the payment of debt
  146  service on bonds issued by the state pursuant to s. 1013.68, s.
  147  1013.70, or s. 1013.737. Debt service payable on bonds issued by
  148  the state pursuant to s. 1013.68, s. 1013.70, or s. 1013.737
  149  shall be payable from, and is secured by a first lien on, the
  150  first lottery revenues transferred to the Educational
  151  Enhancement Trust Fund in each fiscal year. Amounts
  152  distributable to school districts that request the issuance of
  153  bonds pursuant to s. 1013.68(3) are hereby pledged to the such
  154  bonds pursuant to s. 11(d), Art. VII of the State Constitution.
  155         Section 4. Subsection (9) of section 285.710, Florida
  156  Statutes, is amended to read:
  157         285.710 Compact authorization.—
  158         (9) The moneys paid by the Tribe to the state for the
  159  benefit of exclusivity under the compact ratified by this
  160  section shall be deposited into the General Revenue Fund. The
  161  moneys shall be distributed as follows:
  162         (a) One and one-half percent shall be transferred to the
  163  Statewide Florida College System institution direct-support
  164  organization established in s. 1004.71 and used to fund the
  165  Educational Excellence Endowment Fund.
  166         (b) One-half percent shall be transferred to the direct
  167  support organization established in s. 985.672 and used to fund
  168  the Juvenile Justice Education and Training Endowment Fund.
  169         (c) Three percent of the amount paid by the Tribe to the
  170  state shall be designated as the local government share and
  171  shall be distributed as provided in subsections (10) and (11).
  172         Section 5. Paragraph (b) of subsection (2) of section
  173  551.106, Florida Statutes, is amended to read:
  174         551.106 License fee; tax rate; penalties.—
  175         (2) TAX ON SLOT MACHINE REVENUES.—
  176         (b) The slot machine revenue tax imposed by this section
  177  shall be paid to the division for deposit into the Pari-mutuel
  178  Wagering Trust Fund for immediate transfer by the Chief
  179  Financial Officer for deposit as follows:
  180         1. Ninety-eight percent of the funds shall be deposited
  181  into the Educational Enhancement Trust Fund of the Department of
  182  Education. Any interest earnings on the tax revenues shall also
  183  be transferred to the Educational Enhancement Trust Fund.
  184         2. One and one-half percent of the funds shall be
  185  transferred to the Statewide Florida College System institution
  186  direct-support organization established in s. 1004.71 and used
  187  to fund the Educational Excellence Endowment Fund.
  188         3. One-half percent of the funds shall be transferred to
  189  the direct-support organization established in s. 985.672 and
  190  used to fund the Juvenile Justice Education and Training
  191  Endowment Fund.
  192         Section 6. Paragraph (c) of subsection (13) of section
  193  849.086, Florida Statutes, is amended to read:
  194         849.086 Cardrooms authorized.—
  195         (13) TAXES AND OTHER PAYMENTS.—
  196         (c) Payment of the admission tax and gross receipts tax
  197  imposed by this section shall be paid to the division. The
  198  division shall deposit these sums with the Chief Financial
  199  Officer, 49 percent shall be one-half being credited to the
  200  Pari-mutuel Wagering Trust Fund, 49 percent shall be and one
  201  half being credited to the General Revenue Fund, 1.5 percent
  202  shall be transferred to the Statewide Florida College System
  203  institution direct-support organization established in s.
  204  1004.71 and used to fund the Educational Excellence Endowment
  205  Fund, and 0.5 percent shall be transferred to the direct-support
  206  organization established in s. 985.672 and used to fund the
  207  Juvenile Justice Education and Training Endowment Fund. The
  208  cardroom licensee shall remit to the division payment for the
  209  admission tax, the gross receipts tax, and the licensee fees.
  210  The Such payments shall be remitted to the division on the fifth
  211  day of each calendar month for taxes and fees imposed for the
  212  preceding month’s cardroom activities. Licensees shall file a
  213  report under oath by the fifth day of each calendar month for
  214  all taxes remitted during the preceding calendar month. The Such
  215  report shall, under oath, indicate the total of all admissions,
  216  the cardroom activities for the preceding calendar month, and
  217  such other information as may be prescribed by the division.
  218         Section 7. This act shall take effect July 1, 2012.