CODING: Words stricken are deletions; words underlined are additions.House Bill 0533e1
CS/HB 533, First Engrossed
1 A bill to be entitled
2 An act relating to alcoholic beverages;
3 repealing s. 561.501, F.S., relating to the
4 surcharge on the sale of alcoholic beverages
5 for consumption on the premises contingent upon
6 certain conditions being met; amending s.
7 561.025, F.S.; conforming to the act contingent
8 upon the repeal of s. 561.501, F.S.; amending
9 s. 561.121, F.S.; conforming to the act
10 contingent upon the repeal of s. 562.501, F.S.;
11 providing for a portion of funds from the
12 excise taxes on alcoholic beverages to be
13 transferred to the Children and Adolescents
14 Substance Abuse Trust Fund; providing an
15 effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. On January 1, 1999, the Department of
20 Business and Professional Regulation and the Department of
21 Revenue shall report to the Legislature the amount of
22 additional revenue generated by strict enforcement of illegal
23 shipments of alcoholic beverages into the state. If sufficient
24 revenues have been generated to replace the alcoholic beverage
25 surcharge revenue for fiscal year 1997-1998, s. 561.501,
26 Florida Statutes, shall be repealed effective July 1, 1999.
27 Section 2. Contingent upon the repeal of section
28 561.501, Florida Statutes, section 561.025, Florida Statutes,
29 is amended to read:
30 561.025 Alcoholic Beverage and Tobacco Trust
31 Fund.--There is created within the State Treasury the
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CS/HB 533, First Engrossed
1 Alcoholic Beverage and Tobacco Trust Fund. All funds collected
2 by the division under ss. 210.15, 210.40, or under s. 569.003
3 and the Beverage Law with the exception of state funds
4 collected pursuant to ss. 561.501, 563.05, 564.06, and 565.12
5 shall be deposited in the State Treasury to the credit of the
6 trust fund, notwithstanding any other provision of law to the
7 contrary. Moneys deposited to the credit of the trust fund
8 shall be used to operate the division and to provide a
9 proportionate share of the operation of the office of the
10 secretary and the Division of Administration of the Department
11 of Business and Professional Regulation; except that:
12 (1) The revenue transfer provisions of ss. 561.32 and
13 561.342(1) and (2) shall continue in full force and effect,
14 and the division shall cause such revenue to be returned to
15 the municipality or county in the manner provided for in s.
16 561.32 or s. 561.342(1) and (2); and
17 (2) Ten percent of the revenues derived from retail
18 tobacco products dealer permit fees collected under s. 569.003
19 shall be transferred to the Department of Education to provide
20 for teacher training and for research and evaluation to reduce
21 and prevent the use of tobacco products by children, pursuant
22 to s. 233.067(4).
23 Section 3. Contingent upon the repeal of section
24 561.501, Florida Statutes, section 561.121, Florida Statutes,
25 is amended to read:
26 561.121 Deposit of revenue.--
27 (1) All state funds collected pursuant to ss. 563.05,
28 564.06, and 565.12 shall be paid into the State Treasury and
29 disbursed in the following manner:
30 (a) One and five-tenths Two percent of monthly
31 collections of the excise taxes on alcoholic beverages
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CS/HB 533, First Engrossed
1 established in ss. 563.05, 564.06, and 565.12 shall be
2 deposited into the Alcoholic Beverage and Tobacco Trust Fund
3 to meet the division's appropriation on for the state fiscal
4 year.
5 (b) One and seventy-seven hundreths percent of
6 collections of the excise taxes on alcoholic beverages
7 established in ss. 563.05, 564.06, and 565.12 shall be
8 transferred to the Children and Adolescents Substance Abuse
9 Trust Fund, which shall remain with the Department of Children
10 and Families for the purpose of funding programs directed at
11 reducing and eliminating substance abuse problems among
12 children and adolescents.
13 (c) The remainder of collection shall be credited to
14 the General Revenue Fund.
15 (2) The unencumbered balance in the Alcoholic Beverage
16 and Tobacco Trust Fund at the close of each fiscal year may
17 not exceed $2 million. These funds shall be held in reserve
18 for use in the event that trust fund revenues are unable to
19 meet the division's appropriation for the next fiscal year. In
20 the event of a revenue shortfall, these funds shall be spent
21 pursuant to subsection (3). Notwithstanding subsection (1), if
22 the unencumbered balance on June 30 in any fiscal year is less
23 than $2 million, the department is authorized to retain the
24 difference between the June 30 unencumbered balance in the
25 trust fund and $2 million from the July collections of state
26 funds collected pursuant to ss. 563.05, 564.06, and 565.12.
27 Any unencumbered funds in excess of reserve funds shall be
28 transferred unallocated to the General Revenue Fund by August
29 31 of the next fiscal year.
30 (3) Funds deposited into the Alcoholic Beverage and
31 Tobacco Trust Fund pursuant to subsection (1) shall be used
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CS/HB 533, First Engrossed
1 for administration and enforcement of chapters 210, 561, 562,
2 563, 564, 565, 567, 568, and 569.
3 (4) State funds collected pursuant to s. 561.501 shall
4 be paid into the State Treasury and credited to the following
5 accounts:
6 (a) Nine and eight-tenths of the surcharge on the sale
7 of alcoholic beverages for consumption on premises shall be
8 transferred to the Children and Adolescents Substance Abuse
9 Trust Fund, which shall remain with the Department of Health
10 and Rehabilitative Services for the purpose of funding
11 programs directed at reducing and eliminating substance abuse
12 problems among children and adolescents.
13 (b) The remainder of collections shall be credited to
14 the General Revenue Fund.
15 Section 4. This act shall take effect January 1, 1998.
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