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.
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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,
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Florida Senate - 1999 SB 530
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1 Be It Enacted by the Legislature of the State of Florida:
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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
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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
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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
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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
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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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