Senate Bill 1648
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    Florida Senate - 1999                                  SB 1648
    By Senator Laurent
    17-1605-99
  1                      A bill to be entitled
  2         An act relating to juvenile justice; creating
  3         s. 985.421, F.S.; clarifying the role of the
  4         Department of Juvenile Justice in administering
  5         the Youth Welfare Trust Fund; providing an
  6         effective date.
  7
  8  Be It Enacted by the Legislature of the State of Florida:
  9
10         Section 1.  Section 985.421, Florida Statutes, is
11  created to read:
12         985.421  Welfare trust funds created; use of.--
13         (1)  All moneys now held in any auxiliary, canteen,
14  welfare, donated, or similar fund in any state program under
15  the jurisdiction of the Department of Juvenile Justice shall
16  be deposited in a welfare trust fund, which fund is created in
17  the State Treasury or in a place that the department
18  designates.  The money in the fund for each program of the
19  department, and which accrues thereto, is appropriated for the
20  benefit, education, and general welfare of youth in that
21  program.  The general welfare of youth includes, but is not
22  limited to, the establishment of, maintenance of, employment
23  of personnel for, and the purchase of items for resale at
24  canteens or vending machines maintained at the state programs
25  and for the establishment of, maintenance of, employment of
26  personnel for, and the operation of canteens, hobby shops,
27  recreational or entertainment facilities, sheltered workshops,
28  activity centers, farming projects, and similar facilities and
29  programs.
30         (2)  All moneys now held in any auxiliary, canteen,
31  welfare, donated, or similar fund in any district of the
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    Florida Senate - 1999                                  SB 1648
    17-1605-99
  1  department shall be deposited in a welfare trust fund, which
  2  is created in the State Treasury or in a place that the
  3  department designates.  Money in the fund of each district of
  4  the department, and which accrues thereto, is appropriated for
  5  the purpose for which the donor intended.  Absent specific
  6  intentions of donor, such moneys must be used for programs for
  7  the benefit, education, and general welfare of all youths of
  8  the department. All sales taxes collected by the department in
  9  a district for the Department of Revenue may be deposited into
10  the district trust fund to facilitate preparing consolidated
11  sales tax returns and remittals of sales tax to the Department
12  of Revenue.
13         (3)  The Department of Juvenile Justice shall deposit
14  in a welfare trust fund all receipts from the operation of
15  canteens, vending machines, hobby shops, sheltered workshops,
16  activity centers, farming projects, and other such facilities
17  designated as accruing to a specific welfare trust fund, and
18  any moneys which are assigned to a specific welfare trust fund
19  by youths or others.  Separate revenue and expense accounts
20  must be maintained in the department's accounting system for
21  each such facility.  Annually, the net proceeds, after
22  providing an allowance for depreciation, must be determined
23  for such facility and made available for expenditures for the
24  benefit and welfare of the youths of the department.  The
25  moneys in the fund constitute a trust held by the department
26  for the benefit and welfare of the youths of the department.
27         (4)  Any contraband found upon or in the possession of
28  any youth of the department shall be confiscated and
29  liquidated, and the proceeds thereof shall be deposited in a
30  welfare trust fund.
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    Florida Senate - 1999                                  SB 1648
    17-1605-99
  1         (5)  The department may invest in the manner authorized
  2  by law for fiduciaries any money in a welfare trust fund which
  3  is not necessary for immediate use.  Such investments may
  4  include, but are not limited to, investments in savings share
  5  accounts of any credit union chartered under the laws of the
  6  United States and doing business in this state, and savings
  7  share accounts of any credit union chartered under the laws of
  8  this state, provided that the credit union is insured under
  9  the federal share insurance program or an approved state share
10  insurance program.  The interest earned and other increments
11  derived from such investments of such money shall be deposited
12  in the welfare trust fund. Moneys required for current use may
13  be deposited in any bank, credit union, or savings and loan
14  association authorized to do business in this state, provided
15  that such deposits are insured under a federal depository or
16  share insurance program or under a state-approved depository
17  or share insurance program and provided such moneys are
18  available on demand.
19         (6)  The department shall maintain accounts in the
20  welfare trust fund for the sale of goods, services, or
21  products resulting from sheltered workshop, activity center,
22  and agricultural project operations; and each project shall be
23  accounted for separately in accordance with cost standards
24  established by the department. However, the cost of such
25  projects may not include any wage or salary expenditures
26  funded by a general revenue appropriation applicable to such
27  rehabilitative activities.  The cost of materials incorporated
28  in such products sold, if funded by an appropriation of
29  general revenue, must be restored to general revenue
30  unallocated at the end of the fiscal year of sale from the
31  proceeds of such sales.  The department may extend credit for
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    Florida Senate - 1999                                  SB 1648
    17-1605-99
  1  the sale of products produced in such activities, and for
  2  those sales made for its youths through its hobby shops, to
  3  purchasers of demonstrated credit standing sufficient to
  4  warrant the amount of credit extended after prudent evaluation
  5  of information relating to such credit standing.  The
  6  department may obtain credit reports from reputable credit
  7  reporting agencies to assure prudence in the extending of
  8  credit, except when payment is made by credit card, charge
  9  card, or debit card as authorized by s. 215.322.  The
10  department shall provide an allowance for doubtful accounts
11  for credit sales and record an expense in a like amount based
12  on a good-faith estimate, such allowance to be recorded as a
13  cost of such sales.  The net revenue after such allowance
14  shall be retained in the welfare trust fund and used only for
15  the benefit of the department's youths for whom the trust fund
16  is established.
17         Section 2.  This act shall take effect upon becoming a
18  law.
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21                          SENATE SUMMARY
22    Creates welfare trust funds within the Department of
      Juvenile Justice and provides for its administration.
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