Senate Bill 0656e2

CODING: Words stricken are deletions; words underlined are additions.







    SB 656                                        Second Engrossed



  1                      A bill to be entitled

  2         An act relating to trust funds; terminating

  3         specified trust funds within the Department of

  4         Agriculture and Consumer Services, Department

  5         of Environmental Protection, Department of

  6         Insurance, and Department of Revenue; providing

  7         for disposition of balances in and revenues of

  8         such trust funds; prescribing procedures for

  9         the termination of such trust funds; declaring

10         the findings of the Legislature that specified

11         trust funds within the Department of

12         Agriculture and Consumer Services, Department

13         of Banking and Finance, Department of

14         Environmental Protection, Department of

15         Insurance, and Department of Revenue are exempt

16         from the termination requirements of s. 19(f),

17         Art. III of the State Constitution; renaming

18         specified trust funds within the Department of

19         Banking and Finance and the Department of

20         Environmental Protection; repealing s. 3, ch.

21         95-114, s. 3, ch. 95-115, s. 2, ch. 95-249, and

22         s. 3, ch. 95-371, Laws of Florida; abrogating

23         provisions relating to the termination of

24         certain trust funds that are exempt from

25         termination; amending s. 11.2423, F.S.;

26         providing that acts declaring trust funds

27         exempt from constitutional termination

28         requirements are not repealed by the adoption

29         of the Florida Statutes; amending ss. 253.781,

30         253.7824, 253.7829, and 253.783, F.S.; removing

31         reference to the Cross Florida Barge Canal


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         Trust Fund; providing for deposit of certain

  2         proceeds in the Land Acquisition Trust Fund;

  3         amending ss. 624.516, 633.445, 633.46, 633.461,

  4         and 633.50, F.S., and repealing s.

  5         633.45(1)(r), F.S., relating to the Fire

  6         College Trust Fund, to abolish the trust fund

  7         and transfer its balance and responsibilities

  8         to the Insurance Commissioner's Regulatory

  9         Trust Fund; repealing s. 697.203, F.S.,

10         relating to the Home Equity Conversion Mortgage

11         Guaranty Fund, and amending s. 697.205, F.S.,

12         to abolish the fund and transfer its balance

13         and responsibilities to the Treasurer's

14         Administrative and Investment Trust Fund;

15         deleting obsolete provisions; repealing s.

16         61.182, F.S., relating to the Child Support

17         Depository Trust Fund, to abolish the trust

18         fund; amending ss. 206.606, 327.28, and

19         369.252, F.S.; renaming the Aquatic Plant

20         Control Trust Fund; amending s. 215.551, F.S.;

21         renaming the National Forest Trust Fund;

22         amending ss. 403.1835 and 403.1836, F.S.;

23         renaming the Sewage Treatment Revolving Loan

24         Fund; providing effective dates.

25

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

27

28         Section 1.  (1)  The following trust funds within the

29  following departments are terminated:

30

31


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         (a)  Within the Department of Agriculture and Consumer

  2  Services, the Hurricane Andrew Disaster Relief Trust Fund,

  3  FLAIR number 42-2-200.

  4         (b)  Within the Department of Environmental Protection:

  5         1.  The Hurricane Andrew Disaster Relief Trust Fund,

  6  FLAIR number 37-2-200.

  7         2.  The Hurricane Andrew Recovery and Rebuilding Trust

  8  Fund, FLAIR number 37-2-205.

  9         3.  The Youth Conservation Corps Trust Fund, FLAIR

10  number 37-2-803.

11         4.  The Cross Florida Barge Canal Trust Fund, FLAIR

12  number 37-2-888. The remaining balance and revenues in this

13  fund shall be deposited in the Land Acquisition Trust Fund,

14  FLAIR number 37-2-423.

15         (c)  Within the Department of Insurance:

16         1.  The Fire College Trust Fund, FLAIR number 46-2-288.

17  The remaining balance and revenues in this fund shall be

18  deposited in the Insurance Commissioner's Regulatory Trust

19  Fund, FLAIR number 46-2-393.

20         2.  The Home Equity Conversion Mortgage Guaranty Fund,

21  FLAIR number 46-2-369. The remaining balance and revenues in

22  this fund shall be deposited in the Treasurer's Administrative

23  and Investment Trust Fund, FLAIR number 46-2-725.

24         (d)  Within the Department of Revenue:

25         1.  The Child Support Depository Trust Fund, FLAIR

26  number 73-2-080.

27         2.  The Child Support Trust Fund, FLAIR number

28  73-2-084.

29         3.  The Minerals Trust Fund, FLAIR number 73-2-484.

30

31


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         (2)  Unless otherwise provided, all current balances

  2  remaining in, and all revenues of, the trust funds terminated

  3  by this act shall be transferred to the General Revenue Fund.

  4         (3)  For each trust fund terminated by this act, the

  5  agency or branch that administers the trust fund shall pay any

  6  outstanding debts and obligations of the terminated fund as

  7  soon as practicable, and the Comptroller shall close out and

  8  remove the terminated fund from the various state accounting

  9  systems using generally accepted accounting principles

10  concerning warrants outstanding, assets, and liabilities.

11         Section 2.  The Legislature finds that the following

12  trust funds are exempt from termination pursuant to Section

13  19(f), Article III of the State Constitution:

14         (1)  Within the Department of Agriculture and Consumer

15  Services, the Florida Preservation 2000 Trust Fund, FLAIR

16  number 42-2-332.

17         (2)  Within the Department of Banking and Finance:

18         (a)  The Child Support Clearing Trust Fund, FLAIR

19  number 44-2-081.

20         (b)  The Collections Internal Revenue Clearing Trust

21  Fund, FLAIR number 44-2-101.

22         (c)  The Consolidated Miscellaneous Deductions Clearing

23  Trust Fund, FLAIR number 44-2-139.

24         (d)  The Electronic Funds Transfer Clearing Trust Fund,

25  FLAIR number 44-2-188.

26         (e)  The Employee Refund Clearing Trust Fund, FLAIR

27  number 44-2-194.

28         (f)  The Federal Tax Levy Clearing Trust Fund, FLAIR

29  number 44-2-274.

30         (g)  The Florida Retirement Clearing Trust Fund, FLAIR

31  number 44-2-323.


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         (h)  The Hospital Insurance Tax Clearing Trust Fund,

  2  FLAIR number 44-2-370.

  3         (i)  The Social Security Clearing Trust Fund, FLAIR

  4  number 44-2-643.

  5         (3)  Within the Department of Environmental Protection:

  6         (a)  The Florida Preservation 2000 Trust Fund, FLAIR

  7  number 37-2-332.

  8         (b)  The Land Acquisition Trust Fund, FLAIR number

  9  37-2-423.

10         (c)  The Project Construction Trust Fund, FLAIR number

11  37-2-549.

12         (4)  Within the Department of Insurance:

13         (a)  The Agents and Solicitors County Tax Trust Fund,

14  FLAIR number 46-2-024.

15         (b)  The Government Employees Deferred Compensation

16  Trust Fund, FLAIR number 46-2-155.

17         (c)  The State Treasurer Escrow Trust Fund, FLAIR

18  number 46-2-622.

19         (d)  The Treasury Cash Deposit Trust Fund, FLAIR number

20  46-2-720.

21         (e)  The Treasurer Investment Trust Fund, FLAIR number

22  46-2-728.

23         (5)  Within the Department of Revenue:

24         (a)  The Additional Court Costs Clearing Trust Fund,

25  FLAIR number 73-2-013.

26         (b)  The Apalachicola Bay Oyster Surcharge Clearing

27  Trust Fund, FLAIR number 73-2-028.

28         (c)  The Child Support Clearing Trust Fund, FLAIR

29  number 73-2-081.

30         (d)  The Convention Development Tax Clearing Trust

31  Fund, FLAIR number 73-2-132.


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         (e)  The Revenue Sharing Trust Fund for Counties, FLAIR

  2  number 73-2-144.

  3         (f)  The Documentary Stamp Tax Clearing Trust Fund,

  4  FLAIR number 73-2-166.

  5         (g)  The Revenue-Fuel Tax Refund Payments Trust Fund,

  6  FLAIR number 73-2-317.

  7         (h)  The Fuel Tax Collection Trust Fund, FLAIR number

  8  73-2-319.

  9         (i)  The Local Option Fuel Tax Trust Fund, FLAIR number

10  73-2-448.

11         (j)  The Local Alternative Fuel User Fee Clearing Trust

12  Fund, FLAIR number 73-2-449.

13         (k)  The Local Government Half-cent Sales Tax Clearing

14  Trust Fund, FLAIR number 73-2-455.

15         (l)  The Discretionary Sales Surtax Clearing Trust

16  Fund, FLAIR number 73-2-459.

17         (m)  The Local Option Tourist Development Trust Fund,

18  FLAIR number 73-2-460.

19         (n)  The Mail Order Sales Tax Clearing Trust Fund,

20  FLAIR number 73-2-465.

21         (o)  The Motor Vehicle Warranty Trust Fund, FLAIR

22  number 73-2-492.

23         (p)  The Municipal Financial Assistance Trust Fund,

24  FLAIR number 73-2-493.

25         (q)  The Motor Vehicle Rental Surcharge Clearing Trust

26  Fund, FLAIR number 73-2-494.

27         (r)  The Revenue Sharing Trust Fund for Municipalities,

28  FLAIR number 73-2-501.

29         (s)  The Oil and Gas Tax Trust Fund, FLAIR number

30  73-2-508.

31


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         (t)  The Pollutant Tax Clearing Trust Fund, FLAIR

  2  number 73-2-544.

  3         (u)  The Railroad and Private Car Tax Collection

  4  Clearing Trust Fund, FLAIR number 73-2-571.

  5         (v)  The Sales Tax Security Deposit Trust Fund, FLAIR

  6  number 73-2-607.

  7         (w)  The Secondhand Dealer and Secondary Metals

  8  Recycler Clearing Trust Fund, FLAIR number 73-2-617.

  9         (x)  The State Alternative Fuel User Fee Clearing Trust

10  Fund, FLAIR number 73-2-618.

11         (y)  The Highway Safety-Admin. Div. Security Deposits

12  Trust Fund, FLAIR number 73-2-625.

13         (z)  The Severance Tax Solid Mineral Trust Fund, FLAIR

14  number 73-2-636.

15         (aa)  The Solid Waste Management Clearing Trust Fund,

16  FLAIR number 73-2-645.

17         (bb)  The Department of Revenue Premium Tax Clearing

18  Trust Fund, FLAIR number 73-2-733.

19         (cc)  The Ninth-cent Fuel Tax Trust Fund, FLAIR number

20  73-2-777.

21         Section 3.  (1)  The following trust funds are renamed:

22         (a)  Within the Department of Banking and Finance:

23         1.  The Abandoned Property Trust Fund, FLAIR number

24  44-2-007, is renamed the Unclaimed Property Trust Fund.

25         2.  The National Forest Trust Fund, FLAIR number

26  44-2-307, is renamed the Federal Use of State Lands Trust

27  Fund.

28         (b)  Within the Department of Environmental Protection:

29         1.  The Aquatic Plant Control Trust Fund, FLAIR number

30  37-2-030, is renamed the Invasive Plant Control Trust Fund.

31


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         2.  The Sewage Treatment Revolving Loan Fund, FLAIR

  2  number 37-2-661, is renamed the Wastewater Treatment and

  3  Stormwater Management Revolving Trust Fund.

  4         (2)  This section shall take effect July 1, 1999.

  5         Section 4.  Effective upon this act becoming a law,

  6  section 3 of chapter 95-114, section 3 of chapter 95-115,

  7  section 2 of chapter 95-249, and section 3 of chapter 95-371,

  8  Laws of Florida, are repealed.

  9         Section 5.  Section 11.2423, Florida Statutes, is

10  amended to read:

11         11.2423  Laws or statutes not repealed.--

12         (1)  No special or local statute, or statute, local,

13  limited or special in its nature, shall be repealed by the

14  Florida Statutes, now or hereafter adopted, and, for the

15  purpose of this saving from repeal any statute of the

16  following classes shall be taken to be included in such

17  exception, namely:

18         (a)  Any statutes for or concerning only a certain

19  county or certain designated counties.

20         (b)  Any statute for, or concerning or operative in

21  only a portion of the state.

22         (c)  Any statute for or concerning only a certain

23  municipal corporation.

24         (d)  Any statute for or concerning only a designated

25  individual corporation or corporations.

26         (e)  Any statute incorporating a designated individual

27  corporation, or making a grant thereto.

28         (f)  Any statute of such limited or local application

29  as makes its inclusion in a general statute impracticable or

30  undesirable.

31         (g)  Road designation laws.


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         (h)  Severability section in any law.

  2         (i)  Any act of the Legislature declaring a trust fund

  3  to be exempt from termination pursuant to s. 19(f), Art. III

  4  of the State Constitution.

  5         (2)  The foregoing enumeration of classes of statutes

  6  not repealed shall not be construed to imply a repeal of other

  7  statutes which are local, limited or special in their nature.

  8         Section 6.  Subsection (3) of section 253.781, Florida

  9  Statutes, is amended to read:

10         253.781  Retention of state-owned lands along former

11  Cross Florida Barge Canal route; creation of Cross Florida

12  Greenways State Recreation and Conservation Area; authorizing

13  transfer to the Federal Government for inclusion in Ocala

14  National Forest.--

15         (3)  The Board of Trustees of the Internal Improvement

16  Trust Fund may acquire by purchase, exchange of other state

17  lands, or the exercise of the power of eminent domain the fee

18  title to lands acquired in less-than-fee title and to

19  privately owned lands that break the continuity of publicly

20  owned lands within the original canal corridor as specified in

21  the University Planning Team Greenway Management Plan along

22  the canal route, using canal authority assets transferred to

23  the department or; using state, local, or federal funds

24  dedicated to acquiring lands for conservation and recreation;

25  or using funds from the Cross Florida Barge Canal Trust Fund.

26  The Legislature finds that such exercise of the power of

27  eminent domain to accomplish the purposes of this section is

28  necessary and for a public purpose. Such power of eminent

29  domain must be exercised pursuant to chapter 73.

30         Section 7.  Section 253.7824, Florida Statutes, is

31  amended to read:


                                  9

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         253.7824  Sale of products; proceeds.--The department

  2  may authorize the removal and sale of products from the land

  3  where environmentally appropriate, the proceeds from which

  4  shall be deposited in the Land Acquisition Cross Florida Barge

  5  Canal Trust Fund.

  6         Section 8.  Subsection (1) of section 253.7829, Florida

  7  Statutes, is amended to read:

  8         253.7829  Management plan for retention or disposition

  9  of former Cross Florida Barge Canal lands; authority to manage

10  lands until disposition.--

11         (1)  It is declared to be in the public interest that

12  the department shall do and is hereby authorized to do any and

13  all things and incur and pay from the Cross Florida Barge

14  Canal Trust Fund or from the canal authority assets, for the

15  public purposes described herein, any and all expenses

16  necessary, convenient, and proper to:

17         (a)  Develop a management plan for the retention or

18  disposition of lands acquired for the Cross Florida Barge

19  Canal to be submitted to the Governor and Cabinet no later

20  than 2 years after the date of enactment of the Cross Florida

21  Barge Canal deauthorization act, which plan shall reflect a

22  consideration of alternatives for disposition as provided in

23  this section of all lands in fee or less than fee owned by the

24  Board of Trustees of the Internal Improvement Trust Fund,

25  including those lands previously owned by the canal authority

26  and the United States Army Corps of Engineers, and lands to be

27  transferred to the state by the United States Army Corps of

28  Engineers. The management plan shall establish a plan for

29  delineating the specific boundaries of the Cross Florida

30  Greenways State Recreation and Conservation Area. The

31  Legislature intends that such boundaries include, at a


                                  10

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  minimum, a 300-yard-wide corridor, except where the original

  2  corridor is a lesser width or except in areas where bridges

  3  and roads cross the canal corridor, on former canal lands

  4  within the original canal corridor extending from the St.

  5  Johns River to the Gulf of Mexico, including all of the

  6  Oklawaha River Valley and Rodman Reservoir, and all canal

  7  works in all areas whether completed and in use or not, but

  8  excluding all parts of Lake Rousseau. Such boundaries may

  9  include other former canal lands according to the following

10  criteria:

11         1.  The proximity of the lands to former canal corridor

12  lands.

13         2.  The environmental sensitivity or importance of the

14  lands or its characteristics as a unique or significant

15  wildlife habitat.

16         3.  The proximity of the lands to existing state or

17  federal land which is maintained, at least in part, as natural

18  wildlife habitat, so that the addition of the parcel would

19  function as a wildlife corridor, or as additional habitat.

20         4.  The potential of the lands to be developed as

21  outdoor recreation lands.

22

23  Commercially valuable parcels, including those parcels near

24  road crossings, within the canal corridor which do not meet

25  the criteria of subparagraphs 1.-4. and other former canal

26  lands which are not included within the boundaries of the

27  Cross Florida Greenways State Recreation and Conservation Area

28  under the criteria of subparagraphs 1.-4., may be disposed of

29  as surplus lands pursuant to s. 253.783(2)(a)-(d). Such

30  alternatives for disposition will include retention by the

31  state or any agency thereof for the specific public purposes


                                  11

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  outlined in this paragraph or by the counties or adjacent

  2  municipalities for recreational or conservation purposes, and

  3  a declaration of lands not to be retained as surplus lands to

  4  be disposed of pursuant to s. 253.783(2)(a)-(d). The

  5  management plan shall also address any remedial measures

  6  necessary to correct any environmental or economic damage

  7  caused by works constructed as a part of or as a result of the

  8  Cross Florida Barge Canal.

  9         (b)  Operate and maintain existing lands and interests

10  in lands, appurtenances, structures, and facilities. Operation

11  and maintenance of water control structures may be delegated

12  by the department to the St. Johns River Water Management

13  District or the Southwest Florida Water Management District,

14  as necessary. Rights-of-way necessary for the construction and

15  maintenance of electric transmission lines may be authorized.

16         Section 9.  Subsection (2) of section 253.783, Florida

17  Statutes, is amended to read:

18         253.783  Additional powers and duties of the

19  department; disposition of surplus lands; payments to

20  counties.--

21         (2)  It is declared to be in the public interest that

22  the department shall do and is hereby authorized to do any and

23  all things and incur and pay from the Cross Florida Barge

24  Canal Trust Fund, for the public purposes described herein,

25  any and all expenses necessary, convenient, and proper to:

26         (a)  Offer any land declared to be surplus, at current

27  appraised value, to the counties in which the surplus land

28  lies, for acquisition for specific public purposes.  Any

29  county, at its option, may elect to acquire any lands so

30  offered without monetary payment.  The fair market value of

31  any parcels so transferred shall be subtracted from the


                                  12

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  county's reimbursement under paragraph (e). These offers will

  2  be made within 3 calendar months after the date the management

  3  plan is adopted and will be valid for 180 days after the date

  4  of the offer.

  5         (b)  Extend the second right of refusal, at current

  6  appraised value, to the original owner from whom the Canal

  7  Authority of the State of Florida or the United States Army

  8  Corps of Engineers acquired the land or the original owner's

  9  heirs. These offers shall be made by public advertisement in

10  not fewer than three newspapers of general circulation within

11  the area of the canal route, one of which shall be a newspaper

12  in the county in which the lands declared to be surplus are

13  located.  The public advertisements shall be run for a period

14  of 14 days.  These offers will be valid for 30 days after the

15  expiration date of any offers made under paragraph (a), or 30

16  days after the date publication begins, whichever is later.

17         (c)  Extend the third right of refusal, at current

18  appraised value, to any person having a leasehold interest in

19  the land from the canal authority. These offers shall be

20  advertised as provided in paragraph (b) and will be valid for

21  30 days after the expiration date of the offers made under

22  paragraph (b), or 30 days after the date publication begins,

23  whichever is later.

24         (d)  Offer surplus lands not purchased or transferred

25  under paragraphs (a)-(c) to the highest bidder at public sale.

26  Such surplus lands and the public sale shall be described and

27  advertised in a newspaper of general circulation within the

28  county in which the lands are located not less than 14

29  calendar days prior to the date on which the public sale is to

30  be held.  The current appraised value of such surplus lands

31  will be the minimum acceptable bid.


                                  13

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         (e)  Refund to the counties of the Cross Florida Canal

  2  Navigation District moneys pursuant to this paragraph from the

  3  funds remaining in the Cross Florida Barge Canal Trust Fund

  4  from the funds derived from the conveyance of lands of the

  5  project to the Federal Government or any agency thereof,

  6  pursuant to s. 253.781, and from the sales of surplus lands

  7  pursuant to this section. Following federal deauthorization of

  8  the project, such refunds shall consist of the $9,340,720

  9  principal in ad valorem taxes contributed by the counties and

10  the interest which had accrued on that amount from the time of

11  payment to June 30, 1985. In no event shall the counties be

12  paid less than the aggregate sum of $32 million in cash or the

13  appraised values of the surplus lands. Such refunds shall be

14  in proportion to the ad valorem tax share paid to the Cross

15  Florida Canal Navigation District by the respective counties.

16  Should the remaining funds in the Cross Florida Barge Canal

17  Trust Fund and the funds derived from the conveyance of lands

18  of the project to the Federal Government for payment or from

19  the sale of surplus land be inadequate to pay the total of the

20  principal plus interest, first priority shall be given to

21  repaying the principal and second priority shall be given to

22  repaying the interest. Interest to be refunded to the counties

23  shall be compounded annually at the following rates:

24  1937-1950, 4 percent; 1951-1960, 5 percent; 1961-1970, 6

25  percent; 1971-1975, 7 percent; 1976-June 30, 1985, 8 percent.

26  In computing interest, amounts already repaid to the counties

27  shall not be subject to further assessments of interest. Any

28  partial repayments provided to the counties under this act

29  shall be considered as contributing to the total repayment

30  owed to the counties. Should the funds generated by conveyance

31  to the Federal Government and sales of surplus lands be more


                                  14

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  than sufficient to repay said counties in accordance with this

  2  section, such excess funds may be used for the maintenance of

  3  the greenways corridor.

  4         (f)  Carry out the purposes of this act.

  5         Section 10.  Section 624.516, Florida Statutes, is

  6  amended to read:

  7         624.516  State Fire Marshal regulatory assessment and

  8  surcharge; deposit and use of funds.--

  9         (1)  The regulatory assessment imposed under s.

10  624.515(1) and the surcharge imposed under s. 624.515(2) shall

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

12  audited, into the Insurance Commissioner's Regulatory Trust

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

14  deposited by the Department of Revenue, when received and

15  audited, into the Fire College Trust Fund.

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

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

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

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

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

21  his administrative and regulatory powers and duties as

22  prescribed by law, including the maintaining of offices and

23  necessary supplies therefor, essential equipment and other

24  materials, salaries and expenses of required personnel, and

25  all other legitimate expenses relating to the discharge of the

26  administrative and regulatory powers and duties imposed in and

27  charged to her or him under such laws.

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

29  funds remains in the Insurance Commissioner's Regulatory Trust

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

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


                                  15

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  shall be retained in the Insurance Commissioner's Regulatory

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

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

  4  forth in subsection (2) above.

  5         Section 11.  Subsections (1), (2), (3), (9), and (10)

  6  of section 633.445, Florida Statutes, are amended to read:

  7         633.445  State Fire Marshal Scholarship Grant

  8  Program.--

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

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

11  the credit of the Insurance Commissioner's Regulatory Fire

12  College Trust Fund for the State Fire Marshal Scholarship

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

14  state from moneys raised from public and private sources,

15  scholarships for qualified applicants to the Florida State

16  Fire College as created by s. 633.43.

17         (2)  The Comptroller shall authorize expenditures from

18  the Insurance Commissioner's Regulatory Fire College Trust

19  Fund upon receipt of vouchers approved by the State Fire

20  Marshal.  All moneys collected from public and private sources

21  pursuant to this section shall be deposited into the trust

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

23  year shall remain therein and shall be available for carrying

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

25         (3)  All funds deposited into the Insurance

26  Commissioner's Regulatory Fire College Trust Fund shall be

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

28  income accruing to moneys so invested shall increase the total

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

30  created.

31


                                  16

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



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

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

  3  scholarship funds shall be transmitted from the Insurance

  4  Commissioner's Regulatory Fire College Trust Fund by the

  5  Comptroller upon receipt of vouchers authorized by the State

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

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

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

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

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

11  recipient who terminates her or his enrollment is not liable

12  for any portion of a scholarship.

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

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

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

16  for deposit in the Insurance Commissioner's Regulatory Fire

17  College Trust Fund to implement this section and for

18  authorized expenses incurred by the council in performing its

19  duties.

20         Section 12.  Paragraph (r) of subsection (1) of section

21  633.45, Florida Statutes, is repealed.

22         Section 13.  Section 633.46, Florida Statutes, is

23  amended to read:

24         633.46  Fees.--The division may fix and collect

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

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

27  deposited in the Insurance Commissioner's Regulatory Fire

28  College Trust Fund.

29         Section 14.  Section 633.461, Florida Statutes, is

30  amended to read:

31


                                  17

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         633.461  Insurance Commissioner's Regulatory Fire

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

  3  Commissioner's Regulatory Fire College Trust Fund shall be

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

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

  6  supplies to carry out the college's responsibilities,

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

  8  Scholarship Grant Program and the procurement of training

  9  films, videotapes, audiovisual equipment, and other useful

10  information on fire, firefighting, and fire prevention,

11  including public fire service information packages.

12         Section 15.  Subsection (2) of section 633.50, Florida

13  Statutes, is amended to read:

14         633.50  Division powers and duties; Florida State Fire

15  College.--

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

17  equivalent student may not exceed the level of state funding

18  per full-time equivalent student generated through the Florida

19  Education Finance Program or the State Community College

20  Program Fund for students enrolled in comparable education

21  programs provided by public school districts and community

22  colleges.  Funds appropriated for education and operational

23  costs shall be deposited in the Insurance Commissioner's

24  Regulatory Fire College Trust Fund to be used solely for

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

26  any other budget entity for purposes other than education.

27         Section 16.  Section 697.203, Florida Statutes, is

28  repealed.

29         Section 17.  Section 697.205, Florida Statutes, is

30  amended to read:

31         697.205  Recoveries from the trust fund.--


                                  18

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         (1)(a)  Any person is eligible to seek recovery from

  2  the Treasurer's Administrative and Investment Trust Home

  3  Equity Conversion Mortgage Guaranty Fund if:

  4         1.  Such person was the mortgagee of a home equity

  5  conversion mortgage which was foreclosed upon termination, and

  6  the proceeds from the foreclosure sale were insufficient to

  7  repay the full loan amount due;

  8         2.  Such person has caused to be issued a writ of

  9  execution upon a decree rendered pursuant to chapter 702, and

10  the officer executing the writ has made a return showing that

11  no real or personal property of the judgment debtor can be

12  found which is liable to be levied upon in satisfaction of the

13  decree or that the amount realized on the sale of the judgment

14  debtor's property pursuant to such execution was insufficient

15  to satisfy the judgment;

16         3.  Such person has made all searches and inquiries

17  which are reasonable to ascertain whether the judgment debtor

18  possesses real or personal property or other assets subject to

19  being sold or applied in satisfaction of the judgment, and

20  such person through her or his search has discovered no

21  property or assets or has discovered property and assets and

22  taken all necessary action and proceedings for the application

23  of such property and assets in satisfaction of the judgment

24  but the amounts thereby realized were insufficient to satisfy

25  the judgment;

26         4.  Such person has applied any amounts recovered from

27  the judgment debtor, or from any other source, to the

28  deficiency decree; or

29         5.  The mortgage on which recovery is sought was

30  insured pursuant to s. 697.204 prior to July 1, 1993.

31


                                  19

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         (b)  Any person who meets all of the conditions

  2  prescribed in subsection (1) may apply to the department for

  3  payment to be made to such person from the Treasurer's

  4  Administrative and Investment Trust Home Equity Conversion

  5  Mortgage Guaranty Fund in an amount equal to the unsatisfied

  6  portion of such person's deficiency decree.  In no event shall

  7  Such amount may not exceed the difference between the amount

  8  of the proceeds from a foreclosure sale and the loan amount

  9  due, including principal and interest.

10         (c)  Upon receipt by the mortgagee of the payment from

11  the Treasurer's Administrative and Investment Trust Home

12  Equity Conversion Mortgage Guaranty Fund, the mortgagee shall

13  assign to the department any additional right, title, and

14  interest in the judgment, to the extent of such payment.

15         (2)

16         (a)  If In the event that a search is made by the

17  mortgagee to determine all of the debtor's real and personal

18  property which may be applied towards payment of the debt and

19  it is determined that foreclosure of the home equity

20  conversion mortgage would not result in recovering any

21  significant additional assets of the debtor which may be used

22  to satisfy the mortgage, the mortgagee may still be able to

23  recover from the fund without having to foreclose, provided

24  that such mortgage was insured pursuant to s. 697.204 prior to

25  July 1, 1993.

26         1.  Such recovery shall be provided for by rule

27  promulgated pursuant to s. 697.203; shall be conditioned on

28  the mortgagee acquiring the mortgaged property by deed; and

29  shall be based on a reasonable appraised value of the

30  property.  The rules promulgated for such recovery shall

31  include provisions for requiring the mortgagee to determine


                                  20

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  the total assets of the debtor; provisions for determining

  2  whether foreclosure would result in recovering any additional

  3  assets of the debtor which may be used to satisfy the

  4  mortgage; and provisions for determining what constitutes a

  5  reasonable appraised value of the property.

  6         2.  The maximum recovery to be allowed by this section

  7  shall be the difference between the loan amount due, including

  8  principal and interest, and the appraised value of the

  9  property.

10         (b)  Any person who meets all of the conditions set by

11  rule for recovery under this subsection may apply to the

12  department for payment to be made to such person from the

13  Treasurer's Administrative and Investment Trust Home Equity

14  Conversion Mortgage Guaranty Fund in an amount equal to the

15  maximum recovery as provided herein.

16         Section 18.  Section 61.182, Florida Statutes, is

17  repealed.

18         Section 19.  Effective July 1, 1999, paragraph (a) of

19  subsection (1) of section 206.606, Florida Statutes, 1998

20  Supplement, as amended by chapters 98-114, 96-321, 95-417, and

21  94-146, Laws of Florida, is amended to read:

22         206.606  Distribution of certain proceeds.--

23         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

24  206.87(1)(e) shall be deposited in the Fuel Tax Collection

25  Trust Fund.  Such moneys, after deducting the service charges

26  imposed by s. 215.20, the refunds granted pursuant to s.

27  206.41, and the administrative costs incurred by the

28  department in collecting, administering, enforcing, and

29  distributing the tax, which administrative costs may not

30  exceed 2 percent of collections, shall be distributed monthly

31  to the State Transportation Trust Fund, except that:


                                  21

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1         (a)  $7.55 million shall be transferred to the

  2  Department of Environmental Protection in each fiscal year.

  3  The transfers must be made in equal monthly amounts beginning

  4  on July 1 of each fiscal year.  $1.25 million of the amount

  5  transferred shall be deposited annually in the Marine

  6  Resources Conservation Trust Fund and must be used by the

  7  department to fund special projects to provide recreational

  8  channel marking, public launching facilities, and other

  9  boating-related activities. The department shall annually

10  determine where unmet needs exist for boating-related

11  activities, and may fund such activities in counties where,

12  due to the number of vessel registrations, insufficient

13  financial resources are available to meet total water resource

14  needs.  The remaining proceeds of the annual transfer shall be

15  deposited in the Invasive Aquatic Plant Control Trust Fund and

16  must be used for aquatic plant management, including

17  nonchemical control of aquatic weeds, research into

18  nonchemical controls, and enforcement activities.  Beginning

19  in fiscal year 1993-1994, the department shall allocate at

20  least $1 million of such funds to the eradication of

21  melaleuca.

22         Section 20.  Effective July 1, 1999, paragraphs (c) and

23  (e) of subsection (1) of section 327.28, Florida Statutes, are

24  amended to read:

25         327.28  Marine Resources Conservation Trust Fund;

26  vessel registration funds; appropriation and distribution.--

27         (1)  Except as otherwise specified and less any

28  administrative costs, all funds collected from the

29  registration of vessels through the Department of Highway

30  Safety and Motor Vehicles and the tax collectors of the state

31  shall be deposited in the Marine Resources Conservation Trust


                                  22

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  Fund for recreational channel marking; public launching

  2  facilities; law enforcement and quality control programs;

  3  aquatic weed control; manatee protection, recovery, rescue,

  4  rehabilitation, and release; and marine mammal protection and

  5  recovery. The funds collected pursuant to s. 327.25(1) shall

  6  be transferred as follows:

  7         (c)  Two dollars from each noncommercial vessel

  8  registration fee, except that for class A-1 vessels, shall be

  9  transferred to the Invasive Aquatic Plant Control Trust Fund

10  for aquatic weed research and control.

11         (e)  Forty percent of the registration fees from

12  commercial vessels shall be transferred to the Invasive

13  Aquatic Plant Control Trust Fund for aquatic plant research

14  and control.

15         Section 21.  Effective July 1, 1999, section 369.252,

16  Florida Statutes, is amended to read:

17         369.252  Invasive exotic plant control on public

18  lands.--The department shall establish a program to:

19         (1)  Achieve eradication or maintenance control of

20  invasive exotic plants on public lands when the scientific

21  data indicate that they are detrimental to the state's natural

22  environment or when the Commissioner of Agriculture finds that

23  such plants or specific populations thereof are a threat to

24  the agricultural productivity of the state;

25         (2)  Assist state and local government agencies in the

26  development and implementation of coordinated management plans

27  for the eradication or maintenance control of invasive exotic

28  plant species on public lands;

29         (3)  Contract, or enter into agreements, with entities

30  in the State University System or other governmental or

31  private sector entities for research concerning control


                                  23

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  agents; production and growth of biological control agents;

  2  and development of workable methods for the eradication or

  3  maintenance control of invasive exotic plants on public lands;

  4  and

  5         (4)  Use funds in the Invasive Aquatic Plant Control

  6  Trust Fund as authorized by the Legislature for carrying out

  7  activities under this section on public lands.

  8         Section 22.  Effective July 1, 1999, section 215.551,

  9  Florida Statutes, is amended to read:

10         215.551  Federal Use of State Lands National Forest

11  Trust Fund; county distribution.--

12         (1)  The Comptroller may make distribution of the

13  Federal Use of State Lands National Forest Trust Fund, when so

14  requested by the counties in interest, of such amounts as may

15  be accumulated in that fund.

16         (2)  The Comptroller shall ascertain, from the records

17  of the General Land Office or other departments in Washington,

18  D.C., the number of acres of land situated in the several

19  counties in which the Apalachicola, Choctawhatchee, Ocala, and

20  Osceola Forest Reserves are located, the number of acres of

21  land of such forest reserve embraced in each of the counties

22  in each of the reserves, and, also, the amount of money

23  received by the United States Government from each of the

24  reserves, respectively.  The Comptroller shall apportion the

25  money on hand to each county in each reserve, respectively and

26  separately; such distribution shall be based upon the number

27  of acres of land embraced in the Apalachicola Forest,

28  Choctawhatchee Forest, Ocala Forest, and Osceola Forest,

29  respectively, in each county and shall be further based upon

30  the amount collected by the United States from each of such

31  forests, so that such distribution, when made, will include


                                  24

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  for each county the amount due each county, based upon the

  2  receipts for the particular forest and the acreage in the

  3  particular county in which such forest is located.  The

  4  Comptroller shall issue two warrants on the Treasurer in each

  5  case, the sum of which shall be the amount due each of such

  6  counties from the fund.  One warrant shall be payable to the

  7  county for the county general road fund, and one warrant, of

  8  equal amount, shall be payable to such county's district

  9  school board for the district school fund.

10         (3)  In the event that actual figures of receipts from

11  different reserves cannot be obtained by counties, so as to

12  fully comply with subsections (1) and (2), the Comptroller may

13  adjust the matter according to the United States statutes, or

14  as may appear to him or her to be just and fair, and with the

15  approval of all counties in interest.

16         (4)  The moneys that may be received and credited to

17  the Federal Use of State Lands National Forest Trust Fund are

18  appropriated for the payment of the warrants of the

19  Comptroller drawn on the Treasurer in pursuance of this

20  section.

21         Section 23.  Effective July 1, 1999, paragraph (a) of

22  subsection (9) and subsection (10) of section 403.1835,

23  Florida Statutes, 1998 Supplement, are amended to read:

24         403.1835  Sewage treatment facilities revolving loan

25  program.--

26         (9)  Funds for the loans and grants authorized under

27  this section must be managed as follows:

28         (a)  A nonlapsing trust fund with revolving loan

29  provisions to be known as the "Wastewater Sewage Treatment and

30  Stormwater Management Revolving Loan Trust Fund" is hereby

31  established in the State Treasury to be used as a revolving


                                  25

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  fund by the department to carry out the purpose of this

  2  section.  Any funds therein which are not needed on an

  3  immediate basis for loans may be invested pursuant to s.

  4  215.49. The cost of administering the program shall be paid

  5  from federal funds, from reasonable service fees that may be

  6  imposed upon loans, and from proceeds from the sale of loans

  7  as permitted by federal law so as to enhance program

  8  perpetuity.  Grants awarded by the Federal Government, state

  9  matching funds, and investment earnings thereon shall be

10  deposited into the fund. Proceeds from the sale of loans must

11  be deposited into the fund. All moneys available in the fund,

12  including investment earnings, are hereby designated to carry

13  out the purpose of this section. The principal and interest

14  payments of all loans held by the fund shall be deposited into

15  this fund.

16         (10)  Because the Legislature has experienced revenue

17  shortfalls in recent years and has been unable to provide

18  enough funds to fully match available federal funds to help

19  capitalize the Wastewater Sewage Treatment and Stormwater

20  Management Revolving Loan Trust Fund, it is necessary for

21  innovative approaches to be considered to help capitalize the

22  revolving loan fund. The department shall evaluate potential

23  innovative approaches that can generate funds to match

24  available federal funds. The department may adopt approaches

25  that will help ensure the continuing viability of the

26  Wastewater Sewage Treatment and Stormwater Management

27  Revolving Loan Trust Fund. The department shall consider,

28  among other possible alternatives, the option of implementing

29  by rule a program to allow local governments to offer funds

30  voluntarily to the state for use as a match to available

31


                                  26

CODING: Words stricken are deletions; words underlined are additions.






    SB 656                                        Second Engrossed



  1  federal funds to capitalize the Wastewater state sewage

  2  Treatment and Stormwater Management Revolving Loan Trust Fund.

  3         Section 24.  Effective July 1, 1999, section 403.1836,

  4  Florida Statutes, is amended to read:

  5         403.1836  Wastewater Sewage Treatment and Stormwater

  6  Management Revolving Loan Trust Fund; stormwater management

  7  system construction.--Each Beginning in fiscal year 1998-1999,

  8  the Department of Environmental Protection shall make

  9  available up to 10 percent of the annual revenue received in

10  the Wastewater Sewage Treatment and Stormwater Management

11  Revolving Loan Trust Fund for loans to local governmental

12  agencies for constructing stormwater management systems

13  authorized pursuant to s. 403.1835. During this period of

14  time, if the department does not receive requests for projects

15  to use the funds available for stormwater management systems,

16  such funds shall be used for constructing sewage treatment

17  facilities and other activities authorized by s. 403.1835.

18         Section 25.  Except as otherwise provided herein, this

19  act shall take effect July 1, 2000.

20

21

22

23

24

25

26

27

28

29

30

31


                                  27