Senate Bill 0530

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    Florida Senate - 1999                                   SB 530

    By the Committee on Fiscal Policy





    301-293A-99

  1                      A bill to be entitled

  2         An act relating to trust funds within the

  3         Department of Insurance; abolishing the Fire

  4         College Trust Fund and transferring its balance

  5         to the Insurance Commissioner's Regulatory

  6         Trust Fund; re-creating the Insurance

  7         Commissioner's Regulatory Trust Fund; carrying

  8         forward current balances and continuing current

  9         sources and uses thereof; amending ss. 624.516,

10         633.445, 633.46, 633.461, 633.50, F.S., and

11         repealing s. 633.45(1)(r), F.S., relating to

12         the Fire College Trust Fund; conforming

13         provisions to the transfer of the balance of

14         the trust fund to the Insurance Commissioner's

15         Regulatory Trust Fund; providing effective

16         dates.

17

18         WHEREAS, the Legislature wishes to transfer the Fire

19  College Trust Fund to the Insurance Commissioner's Regulatory

20  Trust Fund, and

21         WHEREAS, the Legislature wishes to extend the life of

22  the Insurance Commissioner's Regulatory Trust Fund, which is

23  otherwise scheduled to be terminated pursuant to

24  constitutional mandate, and

25         WHEREAS, the Legislature has reviewed the trust fund

26  before its scheduled termination date and has found that it

27  continues to meet an important public purpose, and

28         WHEREAS, the Legislature finds that the existing public

29  policy concerning the trust fund sets adequate parameters for

30  its use, NOW, THEREFORE,

31

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    Florida Senate - 1999                                   SB 530
    301-293A-99




  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Effective July 1, 1999, the Fire College

  4  Trust Fund within the Division of State Fire Marshal of the

  5  Department of Insurance, FLAIR number 46-2-288, is abolished

  6  and its entire balance is transferred to the Insurance

  7  Commissioner's Regulatory Trust Fund.

  8         Section 2.  (1)  The Insurance Commissioner's

  9  Regulatory Trust Fund within the Department of Insurance,

10  FLAIR number 4600, which is to be terminated pursuant to

11  Section 19(f), Article III of the State Constitution on

12  November 4, 2000, is re-created.

13         (2)  All current balances of the trust fund are carried

14  forward and all current sources and uses of the trust fund are

15  continued.

16         Section 3.  Section 624.516, Florida Statutes, is

17  amended to read:

18         624.516  State Fire Marshal regulatory assessment and

19  surcharge; deposit and use of funds.--

20         (1)  The regulatory assessment imposed under s.

21  624.515(1) and the surcharge imposed under s. 624.515(2) shall

22  be deposited by the Department of Revenue, when received and

23  audited, into the Insurance Commissioner's Regulatory Trust

24  Fund.  The surcharge imposed under s. 624.515(2) shall be

25  deposited by the Department of Revenue, when received and

26  audited, into the Fire College Trust Fund.

27         (2)  The moneys so received and deposited in the funds,

28  as provided in subsection (1), are hereby appropriated for use

29  by the State Treasurer as ex officio State Fire Marshal,

30  hereinafter referred to as "State Fire Marshal," to defray the

31  expenses of the State Fire Marshal in the discharge of her or

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    Florida Senate - 1999                                   SB 530
    301-293A-99




  1  his administrative and regulatory powers and duties as

  2  prescribed by law, including the maintaining of offices and

  3  necessary supplies therefor, essential equipment and other

  4  materials, salaries and expenses of required personnel, and

  5  all other legitimate expenses relating to the discharge of the

  6  administrative and regulatory powers and duties imposed in and

  7  charged to her or him under such laws.

  8         (3)  If, at the end of any fiscal year, a balance of

  9  funds remains in the Insurance Commissioner's Regulatory Trust

10  Fund or the Fire College Trust Fund, respectively, such

11  balance shall not revert to the general fund of the state, but

12  shall be retained in the Insurance Commissioner's Regulatory

13  Trust Fund or the Fire College Trust Fund to be used for the

14  purposes for which the moneys are same is appropriated as set

15  forth in subsection (2) above.

16         Section 4.  Subsections (1), (2), (3), (9), and (10) of

17  section 633.445, Florida Statutes, are amended to read:

18         633.445  State Fire Marshal Scholarship Grant

19  Program.--

20         (1)  All payments, gifts, or grants received pursuant

21  to this section shall be deposited in the State Treasury to

22  the credit of the Insurance Commissioner's Regulatory Fire

23  College Trust Fund for the State Fire Marshal Scholarship

24  Grant Program.  Such funds shall provide, from grants to the

25  state from moneys raised from public and private sources,

26  scholarships for qualified applicants to the Florida State

27  Fire College as created by s. 633.43.

28         (2)  The Comptroller shall authorize expenditures from

29  the Insurance Commissioner's Regulatory Fire College Trust

30  Fund upon receipt of vouchers approved by the State Fire

31  Marshal.  All moneys collected from public and private sources

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    Florida Senate - 1999                                   SB 530
    301-293A-99




  1  pursuant to this section shall be deposited into the trust

  2  fund.  Any balance in the trust fund at the end of any fiscal

  3  year shall remain therein and shall be available for carrying

  4  out the purposes of the fund in the ensuing year.

  5         (3)  All funds deposited into the Insurance

  6  Commissioner's Regulatory Fire College Trust Fund shall be

  7  invested pursuant to the provisions of s. 18.125.  Interest

  8  income accruing to moneys so invested shall increase the total

  9  funds available for the purposes for which the trust fund is

10  created.

11         (9)  After selection and approval of an applicant for a

12  grant by the council, payment in the applicant's name for

13  scholarship funds shall be transmitted from the Insurance

14  Commissioner's Regulatory Fire College Trust Fund by the

15  Comptroller upon receipt of vouchers authorized by the State

16  Fire Marshal.  If a recipient terminates her or his enrollment

17  during the course of her or his curriculum at the State Fire

18  College, unless excused by the council and allowed to resume

19  training at a later time, any unused portion of the

20  scholarship funds shall be refunded to the trust fund.  A

21  recipient who terminates her or his enrollment is not liable

22  for any portion of a scholarship.

23         (10)  The council may accept payments, gifts, and

24  grants of money from any federal agency, private agency,

25  county, city, town, corporation, partnership, or individual

26  for deposit in the Insurance Commissioner's Regulatory Fire

27  College Trust Fund to implement this section and for

28  authorized expenses incurred by the council in performing its

29  duties.

30         Section 5.  Paragraph (r) of subsection (1) of section

31  633.45, Florida Statutes, is repealed.

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    Florida Senate - 1999                                   SB 530
    301-293A-99




  1         Section 6.  Section 633.46, Florida Statutes, is

  2  amended to read:

  3         633.46  Fees.--The division may fix and collect

  4  admission fees and other fees which it deems necessary to be

  5  charged for training given. All fees so collected shall be

  6  deposited in the Insurance Commissioner's Regulatory Fire

  7  College Trust Fund.

  8         Section 7.  Section 633.461, Florida Statutes, is

  9  amended to read:

10         633.461  Insurance Commissioner's Regulatory Fire

11  College Trust Fund.--The funds received from the Insurance

12  Commissioner's Regulatory Fire College Trust Fund shall be

13  used utilized by the staff of the Florida State Fire College

14  to provide all necessary services, training, equipment, and

15  supplies to carry out the college's responsibilities,

16  including, but not limited to, the State Fire Marshal

17  Scholarship Grant Program and the procurement of training

18  films, videotapes, audiovisual equipment, and other useful

19  information on fire, firefighting, and fire prevention,

20  including public fire service information packages.

21         Section 8.  Subsection (2) of section 633.50, Florida

22  Statutes, is amended to read:

23         633.50  Division powers and duties; Florida State Fire

24  College.--

25         (2)  Funds generated by the formula per full-time

26  equivalent student may not exceed the level of state funding

27  per full-time equivalent student generated through the Florida

28  Education Finance Program or the State Community College

29  Program Fund for students enrolled in comparable education

30  programs provided by public school districts and community

31  colleges.  Funds appropriated for education and operational

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    Florida Senate - 1999                                   SB 530
    301-293A-99




  1  costs shall be deposited in the Insurance Commissioner's

  2  Regulatory Fire College Trust Fund to be used solely for

  3  purposes specified in s. 633.461 and may not be transferred to

  4  any other budget entity for purposes other than education.

  5         Section 9.  This act shall take effect July 1, 1999,

  6  except that section 2 shall take effect November 4, 2000.

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  9                          SENATE SUMMARY

10    Abolishes the Fire College Trust Fund within the
      Department of Insurance and transfers its balance to the
11    Insurance Commissioner's Regulatory Trust Fund.
      Re-creates the Insurance Commissioner's Regulatory Trust
12    Fund within the Department of Insurance.

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