Senate Bill sb1854

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    Florida Senate - 2001                                  SB 1854

    By Senator Clary





    7-1150-01

  1                      A bill to be entitled

  2         An act relating to trust funds; terminating

  3         specified trust funds within the Department of

  4         Management Services; providing for disposition

  5         of balances in the trust funds; prescribing

  6         procedures for terminating the trust funds;

  7         amending s. 110.125, F.S.; providing for

  8         expenses and costs of operating the personnel

  9         program of various state agencies to be

10         deposited into the Services Trust Fund of the

11         Department of Management Services; amending s.

12         215.196, F.S.; abolishing the Architects

13         Incidental Trust Fund within the department;

14         providing for assessments for fixed capital

15         outlay projects to be deposited into the

16         Supervision Trust Fund of the department;

17         amending s. 287.161, F.S.; providing for fees

18         collected for persons traveling by state-owned

19         aircraft to be deposited into the Services

20         Trust Fund rather than the Bureau of Aircraft

21         Trust Fund; amending s. 255.503, F.S.;

22         providing for funds collected from state

23         agencies by the department for the rental of

24         facilities to be deposited into the Services

25         Trust Fund; amending s. 287.16, F.S.; providing

26         for fees charged to state agencies for aircraft

27         or motor vehicles to be deposited into the

28         Services Trust Fund; amending s. 217.07, F.S.;

29         providing for the transfer of certain

30         unexpended funds into the Services Trust Fund

31         rather than the Surplus Property Revolving

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    Florida Senate - 2001                                  SB 1854
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  1         Trust Fund; amending s. 287.042, F.S.;

  2         providing for fees collected for the use of

  3         electronic information services to be deposited

  4         into the Services Trust Fund rather than the

  5         Grants and Donations Trust Fund; amending s.

  6         287.1345, F.S.; providing for the use of the

  7         surcharge imposed on users of state term

  8         contracts by the Department of Management

  9         Services; providing for deposit of such funds

10         into the Services Trust Fund rather than the

11         Grants and Donations Trust Fund; providing an

12         effective date.

13

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

15

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

17  Department of Management Services are terminated:

18         (a)  The Architects Incidental Trust Fund, FLAIR number

19  72-2033. The remaining balance and revenues in this fund shall

20  be deposited into the Supervision Trust Fund.

21         (b)  The Bureau of Aircraft Trust Fund, FLAIR number

22  72-2066. The remaining balance and revenues in this fund shall

23  be deposited into the Services Trust Fund.

24         (c)  The Motor Vehicle Operating Trust Fund, FLAIR

25  number 72-2486. The remaining balance and revenues in this

26  fund shall be deposited into the Services Trust Fund.

27         (d)  The Surplus Property Revolving Trust Fund, FLAIR

28  number 72-2699. The remaining balance and revenues in this

29  fund shall be deposited into the Services Trust Fund.

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    Florida Senate - 2001                                  SB 1854
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  1         (e)  The State Personnel System Trust Fund, FLAIR

  2  number 72-2678. The remaining balance and revenues in this

  3  fund shall be deposited into the Services Trust Fund.

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

  5  agency 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.  Section 110.125, Florida Statutes, is

12  amended to read:

13         110.125  Administrative costs.--The administrative

14  expenses and costs of operating the personnel program

15  established by this chapter shall be paid by the various

16  agencies of the state government, and each such agency shall

17  include in its budget estimates its pro rata share of such

18  cost as determined by the Department of Management Services.

19  To establish an equitable division of the costs, the amount to

20  be paid by each agency shall be determined in such proportion

21  as the service rendered to each agency bears to the total

22  service rendered under the provisions of this chapter.  The

23  amounts paid to the Department of Management Services which

24  are attributable to positions within the Senior Management

25  Service and the Selected Professional Service shall be used

26  for the administration of such services, training activities

27  for positions within those services, and the development and

28  implementation of a database of pertinent historical

29  information on exempt positions.  Should any state agency

30  become more than 90 days delinquent in payment of this

31  obligation, the department shall certify to the Comptroller

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    Florida Senate - 2001                                  SB 1854
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  1  the amount due and the Comptroller shall transfer the amount

  2  due to the department from any debtor agency funds available.

  3  All fees received under this section shall be deposited into

  4  the Services Trust Fund of the Department of Management

  5  Services.

  6         Section 3.  Section 215.196, Florida Statutes, is

  7  amended to read:

  8         215.196  Supervision Architects Incidental Trust Fund;

  9  creation; assessment.--

10         (1)  There is created the Architects Incidental Trust

11  Fund for the purpose of providing sufficient funds for the

12  operation of the facilities development activities of the

13  Department of Management Services.

14         (2)  The Department of Management Services may is

15  authorized to levy and assess an amount necessary to cover the

16  cost of administration by the department of fixed capital

17  outlay projects on which it serves as owner representative on

18  behalf of the state.  The assessment rate is to be provided in

19  the General Appropriations Act and statement of intent and

20  shall be based on estimated operating cost projections for the

21  services rendered. The total assessment shall be transferred

22  into the Supervision Architects Incidental Trust Fund at the

23  beginning of each fiscal year.

24         Section 4.  Subsections (3) and (4) of section 287.161,

25  Florida Statutes, are amended to read:

26         287.161  Executive aircraft pool; assignment of

27  aircraft; charge for transportation.--

28         (3)  Fees collected for persons traveling by aircraft

29  in the executive aircraft pool shall be deposited into the

30  Services Bureau of Aircraft Trust Fund and shall be expended

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    Florida Senate - 2001                                  SB 1854
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  1  for fuel, maintenance, or other costs incurred in accordance

  2  with rules adopted pursuant to s. 287.16.

  3         (4)  Notwithstanding the requirements of subsections

  4  (2) and (3) and for the 2000-2001 fiscal year only, the

  5  Department of Management Services shall charge all persons

  6  receiving transportation from the executive aircraft pool a

  7  rate not less than the mileage allowance fixed by the

  8  Legislature for the use of privately owned vehicles. Fees

  9  collected for persons traveling by aircraft in the executive

10  aircraft pool shall be deposited into the Services Bureau of

11  Aircraft Trust Fund and shall be expended for costs incurred

12  to operate the aircraft management activities of the

13  department. It is the intent of the Legislature that the

14  executive aircraft pool be operated on a full cost recovery

15  basis, less available funds. This subsection expires July 1,

16  2005 2001.

17         Section 5.  Subsection (1) of section 255.503, Florida

18  Statutes, is amended to read:

19         255.503  Powers of the Department of Management

20  Services.--The Department of Management Services shall have

21  all the authority necessary to carry out and effectuate the

22  purposes and provisions of this act, including, but not

23  limited to, the authority to:

24         (1)  Collect reasonable rentals or charges for the use

25  of and services provided for facilities in the pool in

26  accordance with the provisions of this act exclusively for the

27  purpose of paying the expenses of improving, repairing,

28  maintaining, and operating facilities and paying debt service

29  charges in connection with its obligations. Funds received

30  under this section shall be deposited to the credit of the

31  Services Trust Fund in the Department of Management Services.

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    Florida Senate - 2001                                  SB 1854
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  1         Section 6.  Subsection (5) of section 287.16, Florida

  2  Statutes, is amended to read:

  3         287.16  Powers and duties of department.--The

  4  Department of Management Services shall have the following

  5  powers, duties, and responsibilities:

  6         (5)  To allocate and charge fees to the state agencies

  7  to which aircraft or motor vehicles are furnished, based upon

  8  any reasonable criteria. All fees collected under this section

  9  shall be deposited to the credit of the Services Trust Fund in

10  the Department of Management Services.

11         Section 7.  Section 217.07, Florida Statutes, is

12  amended to read:

13         217.07  Transfer of surplus property assets to

14  department.--The State Treasurer may is authorized to transfer

15  to the department any funds unexpended in the Services Surplus

16  Property Revolving Trust Fund account in the State Treasury.

17  This revolving fund shall remain in existence as a separate

18  trust fund as long as the surplus property program exists.

19  Upon termination of the program any remaining funds shall be

20  disposed of as provided by federal law.

21         Section 8.  Paragraph (g) of subsection (1) of section

22  287.042, Florida Statutes, is amended to read:

23         287.042  Powers, duties, and functions.--The department

24  shall have the following powers, duties, and functions:

25         (1)

26         (g)  The department may collect fees for the use of its

27  electronic information services. The fees may be imposed on an

28  individual transaction basis or as a fixed subscription for a

29  designated period of time. At a minimum, the fees shall be

30  determined in an amount sufficient to cover the department's

31  projected costs of such services, including overhead in

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    Florida Senate - 2001                                  SB 1854
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  1  accordance with the policies of the Department of Management

  2  Services for computing its administrative assessment.  All

  3  fees collected pursuant to this paragraph shall be deposited

  4  in the Services Grants and Donations Trust Fund for

  5  disbursement as provided by law.

  6         Section 9.  Section 287.1345, Florida Statutes, is

  7  amended to read:

  8         287.1345  Surcharge on users of state term contracts;

  9  deposit of proceeds collected.--The Department of Management

10  Services may impose a surcharge upon users of state term

11  contracts for the purpose of providing sufficient funds for

12  the operation of the Department of Management Services, as

13  established by law, and for other technology projects

14  determined by the state's Chief Information Officer to be in

15  the best interests of the state in order to fund the costs,

16  including overhead, of its procurement function.  The

17  department may provide for the state term contract vendor to

18  collect the surcharge or directly collect the fee from the

19  public agency involved.  For the purpose of compensating

20  vendors for expenses incurred in collecting such fees, the

21  department may authorize a vendor to retain a portion of the

22  fees.  The vendor may withhold the portion retained from the

23  amount of fees to be remitted to the department.  The

24  department may negotiate the retainage as a percentage of such

25  fees charged to users, as a flat amount, or as any other

26  method the department deems feasible. Vendors shall maintain

27  accurate sales summaries for purchases made from state term

28  contracts and shall provide the summaries to the department on

29  a quarterly basis.  Any contract remedies relating to the

30  collection of such fees from users through vendors are

31  enforceable, including, but not limited to, liquidated

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    Florida Senate - 2001                                  SB 1854
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  1  damages, late fees, and the costs of collection, including

  2  attorney's fees.  The fees collected pursuant to this section

  3  shall be deposited into the Services Grants and Donations

  4  Trust Fund of the department and are subject to appropriation

  5  as provided by law. The Executive Office of the Governor may

  6  exempt transactions from the payment of the surcharge if

  7  payment of such surcharge would cause the state, a political

  8  subdivision, or unit of local government to lose federal funds

  9  or in other cases where such exemption is in the public

10  interest.  The fees collected pursuant to this section and

11  interest income on such fees shall not be deemed to be income

12  of a revenue nature for purposes of chapter 215.

13         Section 10.  This act shall take effect July 1, 2001.

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16                          SENATE SUMMARY

17    Abolishes various trust funds administered by the
      Department of Management Services. Provides for certain
18    additional funds collected by the department to be
      deposited into the Services Trust Fund. (See bill for
19    details.)

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