House Bill hb1955e1

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                                      HB 1955, First Engrossed/ntc



  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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                                      HB 1955, First Engrossed/ntc



  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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                                      HB 1955, First Engrossed/ntc



  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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                                      HB 1955, First Engrossed/ntc



  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).

31


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                                      HB 1955, First Engrossed/ntc



  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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                                      HB 1955, First Engrossed/ntc



  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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                                      HB 1955, First Engrossed/ntc



  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.

31


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                                      HB 1955, First Engrossed/ntc



  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         (x)  Within the Florida Public Service Commission, the

31  Florida Public Service Regulatory Trust Fund.


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                                      HB 1955, First Engrossed/ntc



  1         (y)  Within the Justice Administrative Commission, the

  2  Indigent Criminal Defense Trust Fund.

  3

  4  The enumeration of the foregoing moneys or trust funds shall

  5  not prohibit the applicability thereto of s. 215.24 should the

  6  Governor determine that for the reasons mentioned in s. 215.24

  7  the money or trust funds should be exempt herefrom, as it is

  8  the purpose of this law to exempt income from its force and

  9  effect when, by the operation of this law, federal matching

10  funds or contributions or private grants to any trust fund

11  would be lost to the state.

12         (5)  There is appropriated from the proper respective

13  trust funds from time to time such sums as may be necessary to

14  pay to the General Revenue Fund the service charges imposed by

15  this section.

16         Section 2.  Subsections (1) and (3) of section 215.22,

17  Florida Statutes, are amended to read:

18         215.22  Certain income and certain trust funds

19  exempt.--

20         (1)  The following income of a revenue nature or the

21  following trust funds shall be exempt from the deduction

22  required by s. 215.20(1):

23         (a)  Student financial aid or prepaid tuition receipts.

24         (b)  Trust funds administered by the Department of the

25  Lottery.

26         (c)  Departmental administrative assessments for

27  administrative divisions.

28         (d)  Funds charged by a state agency for services

29  provided to another state agency, by a state agency for

30  services provided to the judicial branch, or by the judicial

31  branch for services provided to a state agency.


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                                      HB 1955, First Engrossed/ntc



  1         (e)  State, agency, or political subdivision

  2  investments by the Treasurer.

  3         (f)  Retirement or employee benefit funds.

  4         (g)  Self-insurance programs administered by the

  5  Treasurer.

  6         (h)  Funds held for the payment of citrus canker

  7  eradication and compensation.

  8         (i)  Medicaid, Medicare, or third-party receipts for

  9  client custodial care.

10         (j)  Bond proceeds or revenues dedicated for bond

11  repayment, except for the Documentary Stamp Clearing Trust

12  Fund administered by the Department of Revenue.

13         (k)  Trust funds administered by the Department of

14  Education.

15         (l)  Trust funds administered by the Department of

16  Transportation.

17         (m)  The following trust funds administered by the

18  Department of Agriculture and Consumer Services:

19         1.  The Citrus Inspection Trust Fund.

20         2.  The Florida Forever Program Trust Fund.

21         3.  The Florida Preservation 2000 Trust Fund.

22         4.  The Market Improvements Working Capital Trust Fund.

23         5.  The Pest Control Trust Fund.

24         6.  The Plant Industry Trust Fund.

25         (n)  The Motor Vehicle License Clearing Trust Fund.

26         (o)  The Solid Waste Management Trust Fund.

27         (p)  The Coconut Grove Playhouse Trust Fund.

28         (q)  The Communications Working Capital Trust Fund of

29  the Department of Management Services.

30         (r)  The Camp Blanding Management Trust Fund.

31         (s)  The Indigent Criminal Defense Trust Fund.


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                                      HB 1955, First Engrossed/ntc



  1         (s)(t)  That portion of the Highway Safety Operating

  2  Trust Fund funded by the motorcycle safety education fee

  3  collected pursuant to s. 320.08(1)(c).

  4         (u)  The Save the Manatee Trust Fund.

  5         (t)(v)  Tobacco Settlement Trust Funds administered by

  6  any agency.

  7         (u)(w)  The Save Our Everglades Trust Fund.

  8         (3)  In addition to the exemptions enumerated in

  9  subsections (1) and (2), the Executive Office of the Governor

10  is authorized, after consultation with the Legislature

11  pursuant to the procedures of s. 216.177, to exempt any income

12  when, by the operation of this law and pursuant to s. 215.24,

13  federal matching funds or contributions or private grants to

14  any trust fund would be lost to the state.

15         Section 3.  Section 215.24, Florida Statutes, is

16  amended to read:

17         215.24  Exemptions where federal contributions or

18  private grants.--

19         (1)  Should any state fund be the recipient of federal

20  contributions or private grants, either by the matching of

21  state funds or by a general donation to state funds, and the

22  payment of moneys into the General Revenue Fund under s.

23  215.20 should cause such fund to lose federal or private

24  assistance, the Governor shall, after consultation with the

25  Legislature pursuant to the procedures of s. 216.177, certify

26  to the Department of Banking and Finance and to the State

27  Treasurer that said income is for that reason exempt from the

28  force and effect of s. 215.20.

29         (2)  Should it be determined by the Governor that by

30  reason of payments already made into the General Revenue Fund

31  by any fund under this law, such fund is subject to the loss


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                                      HB 1955, First Engrossed/ntc



  1  of federal or private assistance, then the Governor shall,

  2  after consultation with the Legislature pursuant to the

  3  procedures of s. 216.177, certify to the Department of Banking

  4  and Finance and to the State Treasurer that the income from

  5  such assistance is exempt from the provisions of this law, and

  6  the Department of Banking and Finance or the State Treasurer,

  7  as the case may be, shall thereupon refund and pay over to

  8  such fund any amount previously paid into the General Revenue

  9  Fund from such income.

10         Section 4.  Paragraphs (b) and (d) of subsection (2) of

11  section 215.32, Florida Statutes, are amended to read:

12         215.32  State funds; segregation.--

13         (2)  The source and use of each of these funds shall be

14  as follows:

15         (b)1.  The trust funds shall consist of moneys received

16  by the state which under law or under trust agreement are

17  segregated for a purpose authorized by law.  The state agency

18  or branch of state government receiving or collecting such

19  moneys shall be responsible for their proper expenditure as

20  provided by law.  Upon the request of the state agency or

21  branch of state government responsible for the administration

22  of the trust fund, the Comptroller may establish accounts

23  within the trust fund at a level considered necessary for

24  proper accountability. Once an account is established within a

25  trust fund, the Comptroller may authorize payment from that

26  account only upon determining that there is sufficient cash

27  and releases at the level of the account.

28         2.  In order to maintain a minimum number of trust

29  funds in the State Treasury, each state agency or the judicial

30  branch may consolidate, if permitted under the terms and

31  conditions of their receipt, the trust funds administered by


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                                      HB 1955, First Engrossed/ntc



  1  it; provided, however, the agency or judicial branch employs

  2  effectively a uniform system of accounts sufficient to

  3  preserve the integrity of such trust funds; and provided,

  4  further, that consolidation of trust funds is approved by the

  5  Governor or the Chief Justice.

  6         2.3.  All such moneys are hereby appropriated to be

  7  expended in accordance with the law or trust agreement under

  8  which they were received, subject always to the provisions of

  9  chapter 216 relating to the appropriation of funds and to the

10  applicable laws relating to the deposit or expenditure of

11  moneys in the State Treasury.

12         3.4.a.  Notwithstanding any provision of law

13  restricting the use of trust funds to specific purposes,

14  unappropriated cash balances from selected trust funds may be

15  authorized by the Legislature for transfer to the Budget

16  Stabilization Fund and Working Capital Fund in the General

17  Appropriations Act.

18         b.  This subparagraph does not apply to trust funds

19  required by federal programs or mandates; trust funds

20  established for bond covenants, indentures, or resolutions

21  whose revenues are legally pledged by the state or public body

22  to meet debt service or other financial requirements of any

23  debt obligations of the state or any public body; the State

24  Transportation Trust Fund; the trust fund containing the net

25  annual proceeds from the Florida Education Lotteries; the

26  Florida Retirement System Trust Fund; trust funds under the

27  management of the Board of Regents, where such trust funds are

28  for auxiliary enterprises, self-insurance, and contracts,

29  grants, and donations, as those terms are defined by general

30  law; trust funds that serve as clearing funds or accounts for

31  the Comptroller or state agencies; trust funds that account


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                                      HB 1955, First Engrossed/ntc



  1  for assets held by the state in a trustee capacity as an agent

  2  or fiduciary for individuals, private organizations, or other

  3  governmental units; and other trust funds authorized by the

  4  State Constitution.

  5         (d)  The Working Capital Fund shall consist of moneys

  6  in the General Revenue Fund which are in excess of the amount

  7  needed to meet General Revenue Fund appropriations for the

  8  current fiscal year. Each year, no later than the publishing

  9  date of the annual financial statements for the state by the

10  Comptroller under s. 216.102, funds shall be transferred

11  between the Working Capital Fund and the General Revenue Fund

12  to establish the balance of the Working Capital Fund for that

13  fiscal year at the amount determined pursuant to this

14  paragraph.

15         Section 5.  Paragraph (c) of subsection (1) of section

16  216.301, Florida Statutes, is amended to read:

17         216.301  Appropriations; undisbursed balances.--

18         (1)

19         (c)1.  Each department and the judicial branch shall

20  maintain the integrity of the General Revenue Fund.

21  Appropriations from the General Revenue Fund contained in the

22  original approved budget may be transferred to the proper

23  trust fund for disbursement.  Any reversion of appropriation

24  balances from programs which receive funding from the General

25  Revenue Fund and trust funds shall be transferred to the

26  General Revenue Fund within 15 days after such reversion,

27  unless otherwise provided by federal or state law, including

28  the General Appropriations Act. The Executive Office of the

29  Governor or the Chief Justice of the Supreme Court shall

30  determine the state agency or judicial branch programs which

31  are subject to this subparagraph paragraph.  This


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                                      HB 1955, First Engrossed/ntc



  1  determination shall be subject to the legislative consultation

  2  and objection process in this chapter. The Education

  3  Enhancement Trust Fund shall not be subject to the provisions

  4  of this section.

  5         2.  When a department or the judicial branch receives

  6  appropriations from both the General Revenue Fund and a trust

  7  fund for the same program in any fiscal year, any reversions

  8  from the trust fund appropriations shall be transferred to the

  9  General Revenue Fund; however, once reversions to the General

10  Revenue Fund equal the appropriations made from the General

11  Revenue Fund for that program, all remaining reversions from

12  trust fund appropriations for that program shall be to the

13  trust fund.  This subparagraph shall not apply to reversions

14  from trust fund appropriations to the extent that either the

15  administering agency substantiates the existence of contracts

16  and the absence of a sufficient cash balance therefor without

17  such appropriations or such appropriations are required to be

18  expended to meet federal requirements for state match or

19  maintenance of effort, if approved by the Executive Office of

20  the Governor in consultation with the chairs of the

21  legislative appropriations committees.

22         Section 6.  Subsection (3) of section 18.125, Florida

23  Statutes, is amended to read:

24         18.125  Treasurer; powers and duties in the investment

25  of certain funds.--

26         (3)(a)  Except as otherwise provided in this

27  subsection, it is the duty of each state agency, and of the

28  judicial branch, now or hereafter charged with the

29  administration of the funds referred to in subsection (1) to

30  make such moneys available for investment as fully as is

31


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                                      HB 1955, First Engrossed/ntc



  1  consistent with the cash requirements of the particular fund

  2  and to authorize investment of such moneys by the Treasurer.

  3         (b)  Monthly, and more often as circumstances require,

  4  such agency or judicial branch shall notify the Treasurer of

  5  the amount available for investment; and the moneys shall be

  6  invested by the Treasurer.  Such notification shall include

  7  the name and number of the fund for which the investments are

  8  to be made and the life of the investment if the principal sum

  9  is to be required for meeting obligations.  This subsection,

10  however, shall not be construed to make available for

11  investment any funds other than those referred to in

12  subsection (1).

13         (c)  Except as provided in this paragraph and except

14  for moneys described in paragraph (d), the following agencies

15  shall not invest trust fund moneys as provided in this

16  section, but shall retain such moneys in their respective

17  trust funds for investment pursuant to s. 18.10:

18         1.  The Agency for Health Care Administration, except

19  for the Tobacco Settlement Trust Fund.

20         2.  The Department of Children and Family Services,

21  except for:

22         a.  The Alcohol, Drug Abuse, and Mental Health Trust

23  Fund.

24         b.  The Community Resources Development Trust Fund.

25         c.  The Refugee Assistance Trust Fund.

26         d.  The Social Services Block Grant Trust Fund.

27         e.  The Tobacco Settlement Trust Fund.

28         f.  The Working Capital Trust Fund.

29         3.  The Department of Community Affairs, only for the

30  Operating Trust Fund.

31         4.  The Department of Corrections.


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                                      HB 1955, First Engrossed/ntc



  1         5.  The Department of Elderly Affairs, except for:

  2         a.  The Federal Grants Trust Fund.

  3         b.  The Tobacco Settlement Trust Fund.

  4         6.  The Department of Health, except for:

  5         a.  The Federal Grants Trust Fund.

  6         b.  The Grants and Donations Trust Fund.

  7         c.  The Maternal and Child Health Block Grant Trust

  8  Fund.

  9         d.  The Tobacco Settlement Trust Fund.

10         7.  The Department of Highway Safety and Motor

11  Vehicles, only for:

12         a.  The DUI Programs Coordination Trust Fund.

13         b.  The Security Deposits Trust Fund.

14         8.  The Department of Juvenile Justice.

15         9.  The Department of Labor and Employment Security,

16  only for the Administrative Trust Fund.

17         10.  The Department of Law Enforcement.

18         11.  The Department of Legal Affairs.

19         12.  The Department of State, only for:

20         a.  The Grants and Donations Trust Fund.

21         b.  The Records Management Trust Fund.

22         13.  The Executive Office of the Governor, only for:

23         a.  The Economic Development Transportation Trust Fund.

24         b.  The Economic Development Trust Fund.

25         14.  The Florida Public Service Commission, only for

26  the Florida Public Service Regulatory Trust Fund.

27         15.  The Justice Administrative Commission.

28         16.  The state courts system.

29         (d)  Moneys in any trust funds of the agencies in

30  paragraph (c) may be invested pursuant to the provisions of

31  this section if:


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                                      HB 1955, First Engrossed/ntc



  1         1.  Investment of such moneys and the retention of

  2  interest is required by federal programs or mandates;

  3         2.  Investment of such moneys and the retention of

  4  interest is required by bond covenants, indentures, or

  5  resolutions;

  6         3.  Such moneys are held by the state in a trustee

  7  capacity as an agent or fiduciary for individuals, private

  8  organizations, or other governmental units; or

  9         4.  The Executive Office of the Governor determines,

10  after consultation with the Legislature pursuant to the

11  procedures of s. 216.177, that federal matching funds or

12  contributions or private grants to any trust fund would be

13  lost to the state.

14         Section 7.  Paragraph (f) of subsection (2) of section

15  14.2015, Florida Statutes, is amended to read:

16         14.2015  Office of Tourism, Trade, and Economic

17  Development; creation; powers and duties.--

18         (2)  The purpose of the Office of Tourism, Trade, and

19  Economic Development is to assist the Governor in working with

20  the Legislature, state agencies, business leaders, and

21  economic development professionals to formulate and implement

22  coherent and consistent policies and strategies designed to

23  provide economic opportunities for all Floridians.  To

24  accomplish such purposes, the Office of Tourism, Trade, and

25  Economic Development shall:

26         (f)1.  Administer the Florida Enterprise Zone Act under

27  ss. 290.001-290.016, the community contribution tax credit

28  program under ss. 220.183 and 624.5105, the tax refund program

29  for qualified target industry businesses under s. 288.106, the

30  tax-refund program for qualified defense contractors under s.

31  288.1045, contracts for transportation projects under s.


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                                      HB 1955, First Engrossed/ntc



  1  288.063, the sports franchise facility program under s.

  2  288.1162, the professional golf hall of fame facility program

  3  under s. 288.1168, the expedited permitting process under s.

  4  403.973, the Rural Community Development Revolving Loan Fund

  5  under s. 288.065, the Regional Rural Development Grants

  6  Program under s. 288.018, the Certified Capital Company Act

  7  under s. 288.99, the Florida State Rural Development Council,

  8  the Rural Economic Development Initiative, and other programs

  9  that are specifically assigned to the office by law, by the

10  appropriations process, or by the Governor. Notwithstanding

11  any other provisions of law, the office may expend interest

12  earned from the investment of program funds deposited in the

13  Economic Development Trust Fund, the Grants and Donations

14  Trust Fund and, the Brownfield Property Ownership Clearance

15  Assistance Revolving Loan Trust Fund, and the Economic

16  Development Transportation Trust Fund to contract for the

17  administration of the programs, or portions of the programs,

18  enumerated in this paragraph or assigned to the office by law,

19  by the appropriations process, or by the Governor. Such

20  expenditures shall be subject to review under chapter 216.

21         2.  The office may enter into contracts in connection

22  with the fulfillment of its duties concerning the Florida

23  First Business Bond Pool under chapter 159, tax incentives

24  under chapters 212 and 220, tax incentives under the Certified

25  Capital Company Act in chapter 288, foreign offices under

26  chapter 288, the Enterprise Zone program under chapter 290,

27  the Seaport Employment Training program under chapter 311, the

28  Florida Professional Sports Team License Plates under chapter

29  320, Spaceport Florida under chapter 331, Expedited Permitting

30  under chapter 403, and in carrying out other functions that

31


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                                      HB 1955, First Engrossed/ntc



  1  are specifically assigned to the office by law, by the

  2  appropriations process, or by the Governor.

  3         Section 8.  Subsection (7) of section 240.4075, Florida

  4  Statutes, is amended to read:

  5         240.4075  Nursing Student Loan Forgiveness Program.--

  6         (7)(a)  Funds contained in the Nursing Student Loan

  7  Forgiveness Trust Fund which are to be used for loan

  8  forgiveness for those nurses employed by hospitals, birth

  9  centers, and nursing homes must be matched on a

10  dollar-for-dollar basis by contributions from the employing

11  institutions, except that this provision shall not apply to

12  state-operated medical and health care facilities, public

13  schools, county health departments, federally sponsored

14  community health centers, teaching hospitals as defined in s.

15  408.07, family practice teaching hospitals as defined in s.

16  395.805, or specialty hospitals for children as used in s.

17  409.9119. If in any given fiscal quarter there are

18  insufficient funds in the trust fund to grant all eligible

19  applicant requests, awards shall be based on the following

20  priority of employer:  county health departments; federally

21  sponsored community health centers; state-operated medical and

22  health care facilities; public schools; teaching hospitals as

23  defined in s. 408.07; family practice teaching hospitals as

24  defined in s. 395.805; specialty hospitals for children as

25  used in s. 409.9119; and other hospitals, birth centers, and

26  nursing homes.

27         (b)  All Nursing Student Loan Forgiveness Trust Fund

28  moneys shall be invested pursuant to s. 18.125.  Interest

29  income accruing to that portion of the trust fund not matched

30  shall increase the total funds available for loan forgiveness

31  and scholarships. Pledged contributions shall not be eligible


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                                      HB 1955, First Engrossed/ntc



  1  for matching prior to the actual collection of the total

  2  private contribution for the year.

  3         Section 9.  Subsection (3) of section 385.207, Florida

  4  Statutes, is amended to read:

  5         385.207  Care and assistance of persons with epilepsy;

  6  establishment of programs in epilepsy control.--

  7         (3)  Revenue for statewide implementation of programs

  8  for epilepsy prevention and education pursuant to this section

  9  shall be derived pursuant to the provisions of s. 318.21(6)

10  and shall be deposited in the Epilepsy Services Trust Fund,

11  which is hereby established to be administered by the

12  Department of Health.  All funds deposited into the trust fund

13  shall be invested pursuant to the provisions of s. 18.125.

14  Interest income accruing to such invested funds shall increase

15  the total funds available under this subsection.

16         Section 10.  Subsection (1) of section 860.158, Florida

17  Statutes, is amended to read:

18         860.158  Florida Motor Vehicle Theft Prevention Trust

19  Fund.--

20         (1)  There is hereby established within the Department

21  of Legal Affairs the Florida Motor Vehicle Theft Prevention

22  Trust Fund, which shall be administered by the executive

23  director of the authority at the direction of the board. All

24  interest earned from the investment or deposit of moneys

25  accumulated in the trust fund shall be deposited in the trust

26  fund. The trust fund shall be funded from the surcharge

27  collected under s. 320.08046.

28         Section 11.  Subsection (1) of section 938.01, Florida

29  Statutes, as amended by section 19 of chapter 2001-122 and

30  section 30 of chapter 2001-254, Laws of Florida, is amended to

31  read:


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                                      HB 1955, First Engrossed/ntc



  1         938.01  Additional Court Cost Clearing Trust Fund.--

  2         (1)  All courts created by Art. V of the State

  3  Constitution shall, in addition to any fine or other penalty,

  4  assess $3 as a court cost against every person convicted for

  5  violation of a state penal or criminal statute or convicted

  6  for violation of a municipal or county ordinance. Any person

  7  whose adjudication is withheld pursuant to the provisions of

  8  s. 318.14(9) or (10) shall also be assessed such cost. In

  9  addition, $3 from every bond estreature or forfeited bail bond

10  related to such penal statutes or penal ordinances shall be

11  remitted to the Department of Revenue as described in this

12  subsection. However, no such assessment may be made against

13  any person convicted for violation of any state statute,

14  municipal ordinance, or county ordinance relating to the

15  parking of vehicles.

16         (a)  All such costs collected by the courts shall be

17  remitted to the Department of Revenue, in accordance with

18  administrative rules adopted by the executive director of the

19  Department of Revenue, for deposit in the Additional Court

20  Cost Clearing Trust Fund and shall be earmarked to the

21  Department of Law Enforcement and the Department of Community

22  Affairs for distribution as follows:

23         1.  Two dollars and seventy-five cents of each $3

24  assessment shall be deposited in the Criminal Justice

25  Standards and Training Trust Fund, and the remaining 25 cents

26  of each such assessment shall be deposited into the Operating

27  Trust Fund and shall be disbursed to the Bureau of Public

28  Safety Management of the Department of Community Affairs.

29         2.  Ninety-two percent of the money distributed to the

30  Additional Court Cost Clearing Trust Fund pursuant to s.

31  318.21 shall be earmarked to the Department of Law Enforcement


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                                      HB 1955, First Engrossed/ntc



  1  for deposit in the Criminal Justice Standards and Training

  2  Trust Fund, and 8 percent of such money shall be deposited

  3  into the Operating Trust Fund and shall be disbursed to the

  4  Bureau of Public Safety Management of the Department of

  5  Community Affairs.

  6         (b)  The funds deposited in the Criminal Justice

  7  Standards and Training Trust Fund and the Operating Trust Fund

  8  may be invested. Any interest earned from investing such funds

  9  and any unencumbered funds remaining at the end of the budget

10  cycle shall remain in the respective trust fund until the

11  following year.

12         (b)(c)  All funds in the Criminal Justice Standards and

13  Training Trust Fund earmarked to the Department of Law

14  Enforcement shall be disbursed only in compliance with s.

15  943.25(9).

16         Section 12.  This act shall take effect July 1, 2002.

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