House Bill hb1955
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Florida House of Representatives - 2002 HB 1955
By the Fiscal Responsibility Council and Representative
Ball
1 A bill to be entitled
2 An act relating to trust funds; amending s.
3 215.20, F.S.; revising provisions applying
4 general revenue service charges to certain
5 income and trust funds; amending s. 215.22,
6 F.S.; exempting certain trust funds from
7 certain service charge deductions; amending s.
8 215.24, F.S.; requiring consultation with the
9 Legislature for general revenue service charge
10 exemptions where federal contributions or
11 private gains may be lost; amending s. 215.32,
12 F.S.; removing authority of state agencies and
13 judicial branch to consolidate trust funds;
14 removing a delay in transferring moneys into
15 the Working Capital Fund; amending s. 216.301,
16 F.S.; requiring certain reversions from trust
17 fund appropriations to be transferred to the
18 General Revenue Fund; amending s. 18.125, F.S.;
19 revising investment requirements for certain
20 trust funds; amending ss. 14.2015, 240.4075,
21 385.207, 860.158, and 938.01, F.S., to conform;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 215.20, Florida Statutes, is
27 amended to read:
28 (Substantial rewording of section. See
29 s. 215.20, F.S., for present text.)
30 215.20 Certain income and certain trust funds to
31 contribute to the General Revenue Fund.--
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1 (1) A service charge of 7 percent, representing the
2 estimated pro rata share of the cost of general government
3 paid from the General Revenue Fund, shall be deducted from all
4 income of a revenue nature deposited in all trust funds except
5 those enumerated in s. 215.22. Income of a revenue nature
6 shall include all earnings received or credited by such trust
7 funds, including the interest or benefit received from the
8 investment of the principal of such trust funds as may be
9 permitted by law. This provision shall be construed in favor
10 of the General Revenue Fund in each instance. All such
11 deductions shall be deposited in the General Revenue Fund.
12 (2) Notwithstanding the provisions of subsection (1):
13 (a) The trust funds of the Department of Citrus and
14 the Department of Agriculture and Consumer Services, including
15 funds collected in the General Inspection Trust Fund for
16 peanut, soybean, or tobacco marketing orders and in the
17 Florida Citrus Advertising Trust Fund, shall be subject to a
18 3-percent service charge, to be deposited in the General
19 Revenue Fund. This paragraph does not apply to the
20 Conservation and Recreation Lands Program Trust Fund, the
21 Florida Quarter Horse Racing Promotion Trust Fund, the Citrus
22 Inspection Trust Fund, the Florida Forever Program Trust Fund,
23 the Florida Preservation 2000 Trust Fund, the Market
24 Improvements Working Capital Trust Fund, the Pest Control
25 Trust Fund, the Plant Industry Trust Fund, or other funds
26 collected in the General Inspection Trust Fund in the
27 Department of Agriculture and Consumer Services.
28 (b) The Save the Manatee Trust Fund in the Fish and
29 Wildlife Conservation Commission shall be subject to a
30 3-percent service charge, to be deposited in the General
31 Revenue Fund.
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1 (3) A service charge of 0.3 percent shall be deducted
2 from income of a revenue nature deposited in the trust funds
3 enumerated in subsection (4). Income of a revenue nature shall
4 include all earnings received or credited by such trust funds,
5 including the interest or benefit received from the investment
6 of the principal of such trust funds as may be permitted by
7 law. This provision shall be construed in favor of the General
8 Revenue Fund in each instance. All such deductions shall be
9 deposited in the General Revenue Fund.
10 (4) The income of a revenue nature deposited in the
11 following described trust funds, by whatever name designated,
12 is that from which the deductions authorized by subsection (3)
13 shall be made:
14 (a) Within the Agency for Health Care Administration:
15 1. The Florida Organ and Tissue Donor Education and
16 Procurement Trust Fund.
17 2. The Health Care Trust Fund.
18 3. The Resident Protection Trust Fund.
19 (b) Within the Agency for Workforce Innovation, the
20 Employment Security Administration Trust Fund.
21 (c) Within the Department of Agriculture and Consumer
22 Services:
23 1. The Conservation and Recreation Lands Program Trust
24 Fund.
25 2. The Florida Quarter Horse Racing Promotion Trust
26 Fund.
27 3. The General Inspection Trust Fund and subsidiary
28 accounts thereof, unless a different percentage is authorized
29 by s. 570.20.
30 (d) Within the Department of Banking and Finance:
31 1. The Administrative Trust Fund.
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1 2. The Anti-Fraud Trust Fund.
2 3. The Financial Institutions' Regulatory Trust Fund.
3 4. The Mortgage Brokerage Guaranty Fund.
4 5. The Regulatory Trust Fund.
5 (e) Within the Department of Business and Professional
6 Regulation:
7 1. The Administrative Trust Fund.
8 2. The Alcoholic Beverage and Tobacco Trust Fund.
9 3. The Cigarette Tax Collection Trust Fund.
10 4. The Division of Florida Land Sales, Condominiums,
11 and Mobile Homes Trust Fund.
12 5. The Hotel and Restaurant Trust Fund, with the
13 exception of those fees collected for the purpose of funding
14 of the hospitality education program as stated in s. 509.302.
15 6. The Professional Regulation Trust Fund.
16 7. The trust funds administered by the Division of
17 Pari-mutuel Wagering.
18 (f) Within the Department of Children and Family
19 Services:
20 1. The Administrative Trust Fund.
21 2. The Child Welfare Training Trust Fund.
22 3. The Children and Adolescents Substance Abuse Trust
23 Fund.
24 4. The Domestic Violence Trust Fund.
25 5. The Grants and Donations Trust Fund.
26 6. The Operations and Maintenance Trust Fund.
27 (g) Within the Department of Citrus, the Florida
28 Citrus Advertising Trust Fund, including transfers from any
29 subsidiary accounts thereof, unless a different percentage is
30 authorized in s. 601.15(7).
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1 (h) Within the Department of Community Affairs, the
2 Operating Trust Fund.
3 (i) Within the Department of Education:
4 1. The Educational Certification and Service Trust
5 Fund.
6 2. The Phosphate Research Trust Fund.
7 (j) Within the Department of Elderly Affairs:
8 1. The Administrative Trust Fund.
9 2. The Federal Grants Trust Fund.
10 3. The Grants and Donations Trust Fund.
11 4. The Operations and Maintenance Trust Fund.
12 (k) Within the Department of Environmental Protection:
13 1. The Administrative Trust Fund.
14 2. The Air Pollution Control Trust Fund.
15 3. The Conservation and Recreation Lands Trust Fund.
16 4. The Ecosystem Management and Restoration Trust
17 Fund.
18 5. The Environmental Laboratory Trust Fund.
19 6. The Florida Coastal Protection Trust Fund.
20 7. The Florida Permit Fee Trust Fund.
21 8. The Forfeited Property Trust Fund.
22 9. The Grants and Donations Trust Fund.
23 10. The Inland Protection Trust Fund.
24 11. The Internal Improvement Trust Fund.
25 12. The Land Acquisition Trust Fund.
26 13. The Minerals Trust Fund.
27 14. The Nonmandatory Land Reclamation Trust Fund.
28 15. The State Park Trust Fund.
29 16. The Water Quality Assurance Trust Fund.
30 17. The Working Capital Trust Fund.
31 (l) Within the Department of Health:
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1 1. The Administrative Trust Fund.
2 2. The Brain and Spinal Cord Injury Program Trust
3 Fund.
4 3. The Donations Trust Fund.
5 4. The Emergency Medical Services Trust Fund.
6 5. The Epilepsy Services Trust Fund.
7 6. The Florida Drug, Device, and Cosmetic Trust Fund.
8 7. The Grants and Donations Trust Fund.
9 8. The Medical Quality Assurance Trust Fund.
10 9. The Nursing Student Loan Forgiveness Trust Fund.
11 10. The Planning and Evaluation Trust Fund.
12 11. The Radiation Protection Trust Fund.
13 (m) Within the Department of Highway Safety and Motor
14 Vehicles, the DUI Programs Coordination Trust Fund.
15 (n) Within the Department of Insurance:
16 1. The Agents and Solicitors County Tax Trust Fund.
17 2. The Insurance Commissioner's Regulatory Trust Fund.
18 (o) Within the Department of Labor and Employment
19 Security or, if such department is terminated, within the
20 agency or department to which the named trust fund has been
21 transferred:
22 1. The Special Disability Trust Fund.
23 2. The Special Employment Security Administration
24 Trust Fund.
25 3. The Workers' Compensation Administration Trust
26 Fund.
27 (p) Within the Department of Legal Affairs, the Crimes
28 Compensation Trust Fund.
29 (q) Within the Department of Management Services:
30 1. The Administrative Trust Fund.
31 2. The Architects Incidental Trust Fund.
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1 3. The Bureau of Aircraft Trust Fund.
2 4. The Florida Facilities Pool Working Capital Trust
3 Fund.
4 5. The Grants and Donations Trust Fund.
5 6. The Motor Vehicle Operating Trust Fund.
6 7. The Police and Firefighters' Premium Tax Trust
7 Fund.
8 8. The Public Employees Relations Commission Trust
9 Fund.
10 9. The State Personnel System Trust Fund.
11 10. The Supervision Trust Fund.
12 11. The Working Capital Trust Fund.
13 (r) Within the Department of Revenue:
14 1. The Additional Court Cost Clearing Trust Fund.
15 2. The Administrative Trust Fund.
16 3. The Apalachicola Bay Oyster Surcharge Clearing
17 Trust Fund.
18 4. The Certification Program Trust Fund.
19 5. The Fuel Tax Collection Trust Fund.
20 6. The Land Reclamation Trust Fund.
21 7. The Local Alternative Fuel User Fee Clearing Trust
22 Fund.
23 8. The Local Option Fuel Tax Trust Fund.
24 9. The Motor Vehicle Rental Surcharge Clearing Trust
25 Fund.
26 10. The Motor Vehicle Warranty Trust Fund.
27 11. The Oil and Gas Tax Trust Fund.
28 12. The Secondhand Dealer and Secondary Metals
29 Recycler Clearing Trust Fund.
30 13. The Severance Tax Solid Mineral Trust Fund.
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1 14. The State Alternative Fuel User Fee Clearing Trust
2 Fund.
3 15. All taxes levied on motor fuels other than
4 gasoline levied pursuant to the provisions of s. 206.87(1)(a).
5 (s) Within the Department of State:
6 1. The Division of Licensing Trust Fund.
7 2. The Records Management Trust Fund.
8 3. The trust funds administered by the Division of
9 Historical Resources.
10 (t) Within the Department of Transportation, all
11 income derived from outdoor advertising and overweight
12 violations which is deposited in the State Transportation
13 Trust Fund.
14 (u) Within the Department of Veterans' Affairs:
15 1. The Grants and Donations Trust Fund.
16 2. The Operations and Maintenance Trust Fund.
17 3. The State Homes for Veterans Trust Fund.
18 (v) Within the Division of Administrative Hearings,
19 the Administrative Trust Fund.
20 (w) Within the Fish and Wildlife Conservation
21 Commission:
22 1. The Conservation and Recreation Lands Program Trust
23 Fund.
24 2. The Florida Panther Research and Management Trust
25 Fund.
26 3. The Land Acquisition Trust Fund.
27 4. The Marine Resources Conservation Trust Fund, with
28 the exception of those fees collected for recreational
29 saltwater fishing licenses as provided in s. 370.0605.
30 5. The State Game Trust Fund.
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1 (x) Within the Florida Public Service Commission, the
2 Florida Public Service Regulatory Trust Fund.
3 (y) Within the Justice Administrative Commission, the
4 Indigent Criminal Defense Trust Fund.
5
6 The enumeration of the foregoing moneys or trust funds shall
7 not prohibit the applicability thereto of s. 215.24 should the
8 Governor determine that for the reasons mentioned in s. 215.24
9 the money or trust funds should be exempt herefrom, as it is
10 the purpose of this law to exempt income from its force and
11 effect when, by the operation of this law, federal matching
12 funds or contributions or private grants to any trust fund
13 would be lost to the state.
14 (5) There is appropriated from the proper respective
15 trust funds from time to time such sums as may be necessary to
16 pay to the General Revenue Fund the service charges imposed by
17 this section.
18 Section 2. Subsections (1) and (3) of section 215.22,
19 Florida Statutes, are amended to read:
20 215.22 Certain income and certain trust funds
21 exempt.--
22 (1) The following income of a revenue nature or the
23 following trust funds shall be exempt from the deduction
24 required by s. 215.20(1):
25 (a) Student financial aid or prepaid tuition receipts.
26 (b) Trust funds administered by the Department of the
27 Lottery.
28 (c) Departmental administrative assessments for
29 administrative divisions.
30 (d) Funds charged by a state agency for services
31 provided to another state agency, by a state agency for
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1 services provided to the judicial branch, or by the judicial
2 branch for services provided to a state agency.
3 (e) State, agency, or political subdivision
4 investments by the Treasurer.
5 (f) Retirement or employee benefit funds.
6 (g) Self-insurance programs administered by the
7 Treasurer.
8 (h) Funds held for the payment of citrus canker
9 eradication and compensation.
10 (i) Medicaid, Medicare, or third-party receipts for
11 client custodial care.
12 (j) Bond proceeds or revenues dedicated for bond
13 repayment, except for the Documentary Stamp Clearing Trust
14 Fund administered by the Department of Revenue.
15 (k) Trust funds administered by the Department of
16 Education.
17 (l) Trust funds administered by the Department of
18 Transportation.
19 (m) The following trust funds administered by the
20 Department of Agriculture and Consumer Services:
21 1. The Citrus Inspection Trust Fund.
22 2. The Florida Forever Program Trust Fund.
23 3. The Florida Preservation 2000 Trust Fund.
24 4. The Market Improvements Working Capital Trust Fund.
25 5. The Pest Control Trust Fund.
26 6. The Plant Industry Trust Fund.
27 (n) The Motor Vehicle License Clearing Trust Fund.
28 (o) The Solid Waste Management Trust Fund.
29 (p) The Coconut Grove Playhouse Trust Fund.
30 (q) The Communications Working Capital Trust Fund of
31 the Department of Management Services.
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1 (r) The Camp Blanding Management Trust Fund.
2 (s) The Indigent Criminal Defense Trust Fund.
3 (s)(t) That portion of the Highway Safety Operating
4 Trust Fund funded by the motorcycle safety education fee
5 collected pursuant to s. 320.08(1)(c).
6 (u) The Save the Manatee Trust Fund.
7 (t)(v) Tobacco Settlement Trust Funds administered by
8 any agency.
9 (u)(w) The Save Our Everglades Trust Fund.
10 (3) In addition to the exemptions enumerated in
11 subsections (1) and (2), the Executive Office of the Governor
12 is authorized, after consultation with the Legislature
13 pursuant to the procedures of s. 216.177, to exempt any income
14 when, by the operation of this law and pursuant to s. 215.24,
15 federal matching funds or contributions or private grants to
16 any trust fund would be lost to the state.
17 Section 3. Section 215.24, Florida Statutes, is
18 amended to read:
19 215.24 Exemptions where federal contributions or
20 private grants.--
21 (1) Should any state fund be the recipient of federal
22 contributions or private grants, either by the matching of
23 state funds or by a general donation to state funds, and the
24 payment of moneys into the General Revenue Fund under s.
25 215.20 should cause such fund to lose federal or private
26 assistance, the Governor shall, after consultation with the
27 Legislature pursuant to the procedures of s. 216.177, certify
28 to the Department of Banking and Finance and to the State
29 Treasurer that said income is for that reason exempt from the
30 force and effect of s. 215.20.
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1 (2) Should it be determined by the Governor that by
2 reason of payments already made into the General Revenue Fund
3 by any fund under this law, such fund is subject to the loss
4 of federal or private assistance, then the Governor shall,
5 after consultation with the Legislature pursuant to the
6 procedures of s. 216.177, certify to the Department of Banking
7 and Finance and to the State Treasurer that the income from
8 such assistance is exempt from the provisions of this law, and
9 the Department of Banking and Finance or the State Treasurer,
10 as the case may be, shall thereupon refund and pay over to
11 such fund any amount previously paid into the General Revenue
12 Fund from such income.
13 Section 4. Paragraphs (b) and (d) of subsection (2) of
14 section 215.32, Florida Statutes, are amended to read:
15 215.32 State funds; segregation.--
16 (2) The source and use of each of these funds shall be
17 as follows:
18 (b)1. The trust funds shall consist of moneys received
19 by the state which under law or under trust agreement are
20 segregated for a purpose authorized by law. The state agency
21 or branch of state government receiving or collecting such
22 moneys shall be responsible for their proper expenditure as
23 provided by law. Upon the request of the state agency or
24 branch of state government responsible for the administration
25 of the trust fund, the Comptroller may establish accounts
26 within the trust fund at a level considered necessary for
27 proper accountability. Once an account is established within a
28 trust fund, the Comptroller may authorize payment from that
29 account only upon determining that there is sufficient cash
30 and releases at the level of the account.
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1 2. In order to maintain a minimum number of trust
2 funds in the State Treasury, each state agency or the judicial
3 branch may consolidate, if permitted under the terms and
4 conditions of their receipt, the trust funds administered by
5 it; provided, however, the agency or judicial branch employs
6 effectively a uniform system of accounts sufficient to
7 preserve the integrity of such trust funds; and provided,
8 further, that consolidation of trust funds is approved by the
9 Governor or the Chief Justice.
10 2.3. All such moneys are hereby appropriated to be
11 expended in accordance with the law or trust agreement under
12 which they were received, subject always to the provisions of
13 chapter 216 relating to the appropriation of funds and to the
14 applicable laws relating to the deposit or expenditure of
15 moneys in the State Treasury.
16 3.4.a. Notwithstanding any provision of law
17 restricting the use of trust funds to specific purposes,
18 unappropriated cash balances from selected trust funds may be
19 authorized by the Legislature for transfer to the Budget
20 Stabilization Fund and Working Capital Fund in the General
21 Appropriations Act.
22 b. This subparagraph does not apply to trust funds
23 required by federal programs or mandates; trust funds
24 established for bond covenants, indentures, or resolutions
25 whose revenues are legally pledged by the state or public body
26 to meet debt service or other financial requirements of any
27 debt obligations of the state or any public body; the State
28 Transportation Trust Fund; the trust fund containing the net
29 annual proceeds from the Florida Education Lotteries; the
30 Florida Retirement System Trust Fund; trust funds under the
31 management of the Board of Regents, where such trust funds are
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1 for auxiliary enterprises, self-insurance, and contracts,
2 grants, and donations, as those terms are defined by general
3 law; trust funds that serve as clearing funds or accounts for
4 the Comptroller or state agencies; trust funds that account
5 for assets held by the state in a trustee capacity as an agent
6 or fiduciary for individuals, private organizations, or other
7 governmental units; and other trust funds authorized by the
8 State Constitution.
9 (d) The Working Capital Fund shall consist of moneys
10 in the General Revenue Fund which are in excess of the amount
11 needed to meet General Revenue Fund appropriations for the
12 current fiscal year. Each year, no later than the publishing
13 date of the annual financial statements for the state by the
14 Comptroller under s. 216.102, funds shall be transferred
15 between the Working Capital Fund and the General Revenue Fund
16 to establish the balance of the Working Capital Fund for that
17 fiscal year at the amount determined pursuant to this
18 paragraph.
19 Section 5. Paragraph (c) of subsection (1) of section
20 216.301, Florida Statutes, is amended to read:
21 216.301 Appropriations; undisbursed balances.--
22 (1)
23 (c)1. Each department and the judicial branch shall
24 maintain the integrity of the General Revenue Fund.
25 Appropriations from the General Revenue Fund contained in the
26 original approved budget may be transferred to the proper
27 trust fund for disbursement. Any reversion of appropriation
28 balances from programs which receive funding from the General
29 Revenue Fund and trust funds shall be transferred to the
30 General Revenue Fund within 15 days after such reversion,
31 unless otherwise provided by federal or state law, including
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1 the General Appropriations Act. The Executive Office of the
2 Governor or the Chief Justice of the Supreme Court shall
3 determine the state agency or judicial branch programs which
4 are subject to this subparagraph paragraph. This
5 determination shall be subject to the legislative consultation
6 and objection process in this chapter. The Education
7 Enhancement Trust Fund shall not be subject to the provisions
8 of this section.
9 2. When a department or the judicial branch receives
10 appropriations from both the General Revenue Fund and a trust
11 fund for the same program in any fiscal year, any reversions
12 from the trust fund appropriations shall be transferred to the
13 General Revenue Fund; however, once reversions to the General
14 Revenue Fund equal the appropriations made from the General
15 Revenue Fund for that program, all remaining reversions from
16 trust fund appropriations for that program shall be to the
17 trust fund. This subparagraph shall not apply to reversions
18 from trust fund appropriations to the extent that either the
19 administering agency substantiates the existence of contracts
20 and the absence of a sufficient cash balance therefor without
21 such appropriations or such appropriations are required to be
22 expended to meet federal requirements for state match or
23 maintenance of effort, if approved by the Executive Office of
24 the Governor in consultation with the chairs of the
25 legislative appropriations committees.
26 Section 6. Subsection (3) of section 18.125, Florida
27 Statutes, is amended to read:
28 18.125 Treasurer; powers and duties in the investment
29 of certain funds.--
30 (3)(a) Except as otherwise provided in this
31 subsection, it is the duty of each state agency, and of the
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1 judicial branch, now or hereafter charged with the
2 administration of the funds referred to in subsection (1) to
3 make such moneys available for investment as fully as is
4 consistent with the cash requirements of the particular fund
5 and to authorize investment of such moneys by the Treasurer.
6 (b) Monthly, and more often as circumstances require,
7 such agency or judicial branch shall notify the Treasurer of
8 the amount available for investment; and the moneys shall be
9 invested by the Treasurer. Such notification shall include
10 the name and number of the fund for which the investments are
11 to be made and the life of the investment if the principal sum
12 is to be required for meeting obligations. This subsection,
13 however, shall not be construed to make available for
14 investment any funds other than those referred to in
15 subsection (1).
16 (c) Except as provided in this paragraph and except
17 for moneys described in paragraph (d), the following agencies
18 shall not invest trust fund moneys as provided in this
19 section, but shall retain such moneys in their respective
20 trust funds for investment pursuant to s. 18.10:
21 1. The Agency for Health Care Administration, except
22 for the Tobacco Settlement Trust Fund.
23 2. The Department of Children and Family Services,
24 except for:
25 a. The Alcohol, Drug Abuse, and Mental Health Trust
26 Fund.
27 b. The Community Resources Development Trust Fund.
28 c. The Refugee Assistance Trust Fund.
29 d. The Social Services Block Grant Trust Fund.
30 e. The Tobacco Settlement Trust Fund.
31 f. The Working Capital Trust Fund.
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1 3. The Department of Community Affairs, only for the
2 Operating Trust Fund.
3 4. The Department of Corrections.
4 5. The Department of Elderly Affairs, except for:
5 a. The Federal Grants Trust Fund.
6 b. The Tobacco Settlement Trust Fund.
7 6. The Department of Health, except for:
8 a. The Federal Grants Trust Fund.
9 b. The Grants and Donations Trust Fund.
10 c. The Maternal and Child Health Block Grant Trust
11 Fund.
12 d. The Tobacco Settlement Trust Fund.
13 7. The Department of Highway Safety and Motor
14 Vehicles, only for:
15 a. The DUI Programs Coordination Trust Fund.
16 b. The Security Deposits Trust Fund.
17 8. The Department of Juvenile Justice.
18 9. The Department of Labor and Employment Security,
19 only for the Administrative Trust Fund.
20 10. The Department of Law Enforcement.
21 11. The Department of Legal Affairs.
22 12. The Department of State, only for:
23 a. The Grants and Donations Trust Fund.
24 b. The Records Management Trust Fund.
25 13. The Executive Office of the Governor, only for:
26 a. The Economic Development Transportation Trust Fund.
27 b. The Economic Development Trust Fund.
28 14. The Florida Public Service Commission, only for
29 the Florida Public Service Regulatory Trust Fund.
30 15. The Justice Administrative Commission.
31 16. The state courts system.
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1 (d) Moneys in any trust funds of the agencies in
2 paragraph (c) may be invested pursuant to the provisions of
3 this section if:
4 1. Investment of such moneys and the retention of
5 interest is required by federal programs or mandates;
6 2. Investment of such moneys and the retention of
7 interest is required by bond covenants, indentures, or
8 resolutions;
9 3. Such moneys are held by the state in a trustee
10 capacity as an agent or fiduciary for individuals, private
11 organizations, or other governmental units; or
12 4. The Executive Office of the Governor determines,
13 after consultation with the Legislature pursuant to the
14 procedures of s. 216.177, that federal matching funds or
15 contributions or private grants to any trust fund would be
16 lost to the state.
17 Section 7. Paragraph (f) of subsection (2) of section
18 14.2015, Florida Statutes, is amended to read:
19 14.2015 Office of Tourism, Trade, and Economic
20 Development; creation; powers and duties.--
21 (2) The purpose of the Office of Tourism, Trade, and
22 Economic Development is to assist the Governor in working with
23 the Legislature, state agencies, business leaders, and
24 economic development professionals to formulate and implement
25 coherent and consistent policies and strategies designed to
26 provide economic opportunities for all Floridians. To
27 accomplish such purposes, the Office of Tourism, Trade, and
28 Economic Development shall:
29 (f)1. Administer the Florida Enterprise Zone Act under
30 ss. 290.001-290.016, the community contribution tax credit
31 program under ss. 220.183 and 624.5105, the tax refund program
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1 for qualified target industry businesses under s. 288.106, the
2 tax-refund program for qualified defense contractors under s.
3 288.1045, contracts for transportation projects under s.
4 288.063, the sports franchise facility program under s.
5 288.1162, the professional golf hall of fame facility program
6 under s. 288.1168, the expedited permitting process under s.
7 403.973, the Rural Community Development Revolving Loan Fund
8 under s. 288.065, the Regional Rural Development Grants
9 Program under s. 288.018, the Certified Capital Company Act
10 under s. 288.99, the Florida State Rural Development Council,
11 the Rural Economic Development Initiative, and other programs
12 that are specifically assigned to the office by law, by the
13 appropriations process, or by the Governor. Notwithstanding
14 any other provisions of law, the office may expend interest
15 earned from the investment of program funds deposited in the
16 Economic Development Trust Fund, the Grants and Donations
17 Trust Fund and, the Brownfield Property Ownership Clearance
18 Assistance Revolving Loan Trust Fund, and the Economic
19 Development Transportation Trust Fund to contract for the
20 administration of the programs, or portions of the programs,
21 enumerated in this paragraph or assigned to the office by law,
22 by the appropriations process, or by the Governor. Such
23 expenditures shall be subject to review under chapter 216.
24 2. The office may enter into contracts in connection
25 with the fulfillment of its duties concerning the Florida
26 First Business Bond Pool under chapter 159, tax incentives
27 under chapters 212 and 220, tax incentives under the Certified
28 Capital Company Act in chapter 288, foreign offices under
29 chapter 288, the Enterprise Zone program under chapter 290,
30 the Seaport Employment Training program under chapter 311, the
31 Florida Professional Sports Team License Plates under chapter
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1 320, Spaceport Florida under chapter 331, Expedited Permitting
2 under chapter 403, and in carrying out other functions that
3 are specifically assigned to the office by law, by the
4 appropriations process, or by the Governor.
5 Section 8. Subsection (7) of section 240.4075, Florida
6 Statutes, is amended to read:
7 240.4075 Nursing Student Loan Forgiveness Program.--
8 (7)(a) Funds contained in the Nursing Student Loan
9 Forgiveness Trust Fund which are to be used for loan
10 forgiveness for those nurses employed by hospitals, birth
11 centers, and nursing homes must be matched on a
12 dollar-for-dollar basis by contributions from the employing
13 institutions, except that this provision shall not apply to
14 state-operated medical and health care facilities, public
15 schools, county health departments, federally sponsored
16 community health centers, teaching hospitals as defined in s.
17 408.07, family practice teaching hospitals as defined in s.
18 395.805, or specialty hospitals for children as used in s.
19 409.9119. If in any given fiscal quarter there are
20 insufficient funds in the trust fund to grant all eligible
21 applicant requests, awards shall be based on the following
22 priority of employer: county health departments; federally
23 sponsored community health centers; state-operated medical and
24 health care facilities; public schools; teaching hospitals as
25 defined in s. 408.07; family practice teaching hospitals as
26 defined in s. 395.805; specialty hospitals for children as
27 used in s. 409.9119; and other hospitals, birth centers, and
28 nursing homes.
29 (b) All Nursing Student Loan Forgiveness Trust Fund
30 moneys shall be invested pursuant to s. 18.125. Interest
31 income accruing to that portion of the trust fund not matched
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1 shall increase the total funds available for loan forgiveness
2 and scholarships. Pledged contributions shall not be eligible
3 for matching prior to the actual collection of the total
4 private contribution for the year.
5 Section 9. Subsection (3) of section 385.207, Florida
6 Statutes, is amended to read:
7 385.207 Care and assistance of persons with epilepsy;
8 establishment of programs in epilepsy control.--
9 (3) Revenue for statewide implementation of programs
10 for epilepsy prevention and education pursuant to this section
11 shall be derived pursuant to the provisions of s. 318.21(6)
12 and shall be deposited in the Epilepsy Services Trust Fund,
13 which is hereby established to be administered by the
14 Department of Health. All funds deposited into the trust fund
15 shall be invested pursuant to the provisions of s. 18.125.
16 Interest income accruing to such invested funds shall increase
17 the total funds available under this subsection.
18 Section 10. Subsection (1) of section 860.158, Florida
19 Statutes, is amended to read:
20 860.158 Florida Motor Vehicle Theft Prevention Trust
21 Fund.--
22 (1) There is hereby established within the Department
23 of Legal Affairs the Florida Motor Vehicle Theft Prevention
24 Trust Fund, which shall be administered by the executive
25 director of the authority at the direction of the board. All
26 interest earned from the investment or deposit of moneys
27 accumulated in the trust fund shall be deposited in the trust
28 fund. The trust fund shall be funded from the surcharge
29 collected under s. 320.08046.
30 Section 11. Subsection (1) of section 938.01, Florida
31 Statutes, as amended by section 19 of chapter 2001-122 and
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1 section 30 of chapter 2001-254, Laws of Florida, is amended to
2 read:
3 938.01 Additional Court Cost Clearing Trust Fund.--
4 (1) All courts created by Art. V of the State
5 Constitution shall, in addition to any fine or other penalty,
6 assess $3 as a court cost against every person convicted for
7 violation of a state penal or criminal statute or convicted
8 for violation of a municipal or county ordinance. Any person
9 whose adjudication is withheld pursuant to the provisions of
10 s. 318.14(9) or (10) shall also be assessed such cost. In
11 addition, $3 from every bond estreature or forfeited bail bond
12 related to such penal statutes or penal ordinances shall be
13 remitted to the Department of Revenue as described in this
14 subsection. However, no such assessment may be made against
15 any person convicted for violation of any state statute,
16 municipal ordinance, or county ordinance relating to the
17 parking of vehicles.
18 (a) All such costs collected by the courts shall be
19 remitted to the Department of Revenue, in accordance with
20 administrative rules adopted by the executive director of the
21 Department of Revenue, for deposit in the Additional Court
22 Cost Clearing Trust Fund and shall be earmarked to the
23 Department of Law Enforcement and the Department of Community
24 Affairs for distribution as follows:
25 1. Two dollars and seventy-five cents of each $3
26 assessment shall be deposited in the Criminal Justice
27 Standards and Training Trust Fund, and the remaining 25 cents
28 of each such assessment shall be deposited into the Operating
29 Trust Fund and shall be disbursed to the Bureau of Public
30 Safety Management of the Department of Community Affairs.
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1 2. Ninety-two percent of the money distributed to the
2 Additional Court Cost Clearing Trust Fund pursuant to s.
3 318.21 shall be earmarked to the Department of Law Enforcement
4 for deposit in the Criminal Justice Standards and Training
5 Trust Fund, and 8 percent of such money shall be deposited
6 into the Operating Trust Fund and shall be disbursed to the
7 Bureau of Public Safety Management of the Department of
8 Community Affairs.
9 (b) The funds deposited in the Criminal Justice
10 Standards and Training Trust Fund and the Operating Trust Fund
11 may be invested. Any interest earned from investing such funds
12 and any unencumbered funds remaining at the end of the budget
13 cycle shall remain in the respective trust fund until the
14 following year.
15 (b)(c) All funds in the Criminal Justice Standards and
16 Training Trust Fund earmarked to the Department of Law
17 Enforcement shall be disbursed only in compliance with s.
18 943.25(9).
19 Section 12. This act shall take effect July 1, 2002.
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22 HOUSE SUMMARY
23
Applies general revenue service charges to certain income
24 and trust funds, and exempts certain trust funds from
certain service charge deductions. Requires consultation
25 with the Legislature for general revenue service charge
exemptions where federal contributions or private gains
26 may be lost. Removes authority of state agencies and
judicial branch to consolidate trust funds. Removes a
27 delay in transferring moneys into the Working Capital
Fund. Requires certain reversions from trust fund
28 appropriations to be transferred to the General Revenue
Fund. Revises investment requirements for certain trust
29 funds. See bill for details.
30
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