House Bill hb1957

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




    Florida House of Representatives - 2002                HB 1957

        By the Fiscal Responsibility Council and Representative
    Dockery





  1                      A bill to be entitled

  2         An act relating to trust funds; terminating or

  3         exempting from termination specified trust

  4         funds administered by state general government

  5         agencies; providing for disposition of balances

  6         in and revenues of the terminated trust funds;

  7         renaming certain trust funds; renumbering and

  8         amending s. 571.26, F.S.; renaming the Florida

  9         Agricultural Promotional Campaign Trust Fund as

10         the Florida Agricultural Promotion Trust Fund

11         and revising its purpose; amending s. 571.25,

12         F.S.; conforming terminology; amending s.

13         570.07, F.S.; providing for deposit of certain

14         donations into the Florida Agricultural

15         Promotion Trust Fund; repealing s. 570.207,

16         F.S., relating to the Conservation and

17         Recreation Lands Program Trust Fund of the

18         Department of Agriculture and Consumer

19         Services; amending s. 570.71, F.S.; providing

20         for deposit of funds for conservation easements

21         and agreements into the Incidental Trust Fund

22         of the Department of Agriculture and Consumer

23         Services instead; creating s. 589.37, F.S.;

24         providing purposes of the Incidental Trust Fund

25         of the Department of Agriculture and Consumer

26         Services; providing for annual carryforward of

27         any trust fund balance; repealing s. 650.06,

28         F.S., relating to the Social Security

29         Contribution Trust Fund; amending ss. 121.011,

30         121.031, 121.071, 121.141, 122.26, 122.27,

31         122.30, 122.35, 650.04, and 650.05, F.S., to

                                  1

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1         conform; providing for payment of social

  2         security contributions to the Internal Revenue

  3         Service instead; repealing s. 122.351, F.S.,

  4         relating to funding by local agencies, to

  5         conform; repealing s. 110.151(7), F.S.,

  6         relating to the State Employee Child Care

  7         Revolving Trust Fund; repealing s. 372.127,

  8         F.S., relating to the Conservation and

  9         Recreation Lands Program Trust Fund of the Fish

10         and Wildlife Conservation Commission; amending

11         s. 372.074, F.S.; renaming the Fish and

12         Wildlife Habitat Program as the Habitat

13         Protection Program; renaming the Land

14         Acquisition Trust Fund of the Fish and Wildlife

15         Conservation Commission as the Habitat

16         Protection Trust Fund and revising its funding

17         sources; providing for annual carryforward of

18         any trust fund balance; amending s. 372.09,

19         F.S.; renaming the State Game Trust Fund as the

20         Fish and Wildlife Conservation Trust Fund and

21         revising its sources of funds and purposes;

22         amending ss. 201.15, 206.606, 215.20,

23         320.08058, 327.35215, 372.0222, 372.03,

24         372.7015, 372.73, 372.9901, 372.9904, 372.9906,

25         375.313, and 932.7055, F.S.; conforming

26         terminology; providing effective dates.

27

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

29

30         Section 1.  (1)  The following trust funds administered

31  by the following agencies are terminated:

                                  2

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1         (a)  Within the Department of Agriculture and Consumer

  2  Services:

  3         1.  Effective July 1, 2003, the Market Trade Show Trust

  4  Fund, FLAIR number 42-2-466.  All current balances remaining

  5  in, and all revenues of, the Market Trade Show Trust Fund

  6  terminated by this act shall be transferred to the Florida

  7  Agricultural Promotion Trust Fund in the Department of

  8  Agriculture and Consumer Services.

  9         2.  Effective July 1, 2002, the Working Capital Trust

10  Fund, FLAIR number 42-2-792.

11         3.  Effective July 1, 2003, the Conservation and

12  Recreation Lands Program Trust Fund, FLAIR number 42-2-931.

13  All current balances remaining in, and all revenues of, the

14  Conservation and Recreation Lands Program Trust Fund

15  terminated by this act shall be transferred to the Incidental

16  Trust Fund in the Department of Agriculture and Consumer

17  Services.

18         (b)  Within the Department of Management Services:

19         1.  Effective July 1, 2002, the Motor Vehicle Operating

20  Trust Fund, FLAIR number 72-2-486.  All current balances

21  remaining in, and all revenues of, the Motor Vehicle Operating

22  Trust Fund terminated by this act shall be transferred to the

23  Grants and Donations Trust Fund in the Department of

24  Management Services.

25         2.  Effective July 1, 2002, the Social Security

26  Contribution Trust Fund, FLAIR number 72-2-638.

27         3.  Effective July 1, 2002, the State Employee Child

28  Care Revolving Trust Fund, FLAIR number 72-2-670.

29         (c)  Within the Department of Revenue, effective July

30  1, 2002, the Drug Enforcement Trust Fund, FLAIR number

31  73-2-171.

                                  3

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1         (d)  Within the Fish and Wildlife Conservation

  2  Commission, effective July 1, 2003, the Conservation and

  3  Recreation Lands Program Trust Fund, FLAIR number 77-2-931.

  4  All current balances remaining in, and all revenues of, the

  5  Conservation and Recreation Lands Program Trust Fund

  6  terminated by this act shall be transferred to the Fish and

  7  Wildlife Conservation Trust Fund in the Fish and Wildlife

  8  Conservation Commission.

  9         (2)  Unless otherwise provided, all current balances

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

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

12         (3)  For each trust fund and fund account terminated by

13  this act, the agency that administers the trust fund or fund

14  account shall pay any outstanding debts or obligations of the

15  terminated fund or account as soon as practicable, and the

16  Comptroller shall close out and remove the terminated fund or

17  account from the various state accounting systems using

18  generally accepted accounting principles concerning warrants

19  outstanding, assets, and liabilities.

20         (4)  This section shall take effect upon this act

21  becoming a law.

22         Section 2.  The following trust funds within the Fish

23  and Wildlife Conservation Commission are renamed:

24         (1)  The Land Acquisition Trust Fund, FLAIR number

25  77-2-423, is renamed the Habitat Protection Trust Fund.

26         (2)  The State Game Trust Fund, FLAIR number 77-2-672,

27  is renamed the Fish and Wildlife Conservation Trust Fund.

28         Section 3.  Effective upon this act becoming a law, the

29  Legislature finds that the following trust funds administered

30  by the Department of Management Services are exempt from

31

                                  4

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  termination pursuant to Section 19(f), Article III of the

  2  State Constitution:

  3         (1)  The Florida Retirement System Trust Fund, FLAIR

  4  number 72-2-309.

  5         (2)  The Florida Facilities Pool Clearing Trust Fund,

  6  FLAIR number 72-2-313.

  7         (3)  The Florida Retirement System Preservation of

  8  Benefits Plan Trust Fund, FLAIR number 72-2-345.

  9         (4)  The Institute of Food and Agricultural Sciences

10  Supplemental Retirement Trust Fund, FLAIR number 72-2-379.

11         (5)  The Senior Management Service Optional Annuity

12  Program Trust Fund, FLAIR number 72-2-515.

13         (6)  The Optional Retirement Program Trust Fund, FLAIR

14  number 72-2-517.

15         (7)  The Police and Firefighters' Premium Tax Trust

16  Fund, FLAIR number 72-2-532.

17         (8)  The State Employees' Life Insurance Trust Fund,

18  FLAIR number 72-2-667.

19         (9)  The State Employees' Health Insurance Trust Fund,

20  FLAIR number 72-2-668.

21         (10)  The State Employees' Disability Insurance Trust

22  Fund, FLAIR number 72-2-671.

23         (11)  The State Employees' Savings Bonds Trust Fund,

24  FLAIR number 72-2-674.

25         Section 4.  Section 571.26, Florida Statutes, is

26  renumbered as section 570.536, Florida Statutes, and amended

27  to read:

28         570.536 571.26  Florida Agricultural Promotion

29  Promotional Campaign Trust Fund.--There is hereby created the

30  Florida Agricultural Promotion Promotional Campaign Trust Fund

31  within the Department of Agriculture and Consumer Services to

                                  5

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  receive and disburse moneys collected for the promotion of

  2  Florida agricultural products all moneys related to the

  3  Florida Agricultural Promotional Campaign.  Moneys deposited

  4  in the trust fund shall be appropriated for the sole purpose

  5  of implementing the Florida Agricultural Promotional Campaign.

  6         Section 5.  Subsection (2) of section 571.25, Florida

  7  Statutes, is amended to read:

  8         571.25  Registration and fees.--

  9         (2)  The department is hereby authorized to establish

10  by rule, registration and renewal fees sufficient to cover the

11  cost of administering the Florida Agricultural Promotional

12  Campaign, including all personnel costs. Fees shall be

13  deposited in the Florida Agricultural Promotion Promotional

14  Campaign Trust Fund.

15         Section 6.  Subsection (20) of section 570.07, Florida

16  Statutes, is amended to read:

17         570.07  Department of Agriculture and Consumer

18  Services; functions, powers, and duties.--The department shall

19  have and exercise the following functions, powers, and duties:

20         (20)(a)  To stimulate, encourage, and foster the

21  production and consumption of agricultural and agricultural

22  business products;

23         (b)  To conduct activities that may foster a better

24  understanding and more efficient cooperation among producers,

25  dealers, buyers, food editors, and the consuming public in the

26  promotion and marketing of Florida's agricultural and

27  agricultural business products; and

28         (c)  To sponsor trade breakfasts, luncheons, and

29  dinners and distribute promotional materials and favors in

30  connection with meetings, conferences, and conventions of

31  dealers, buyers, food editors, and merchandising executives

                                  6

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  that will assist in the promotion and marketing of Florida's

  2  agricultural and agricultural business products to the

  3  consuming public.

  4

  5  The department is authorized to receive and expend donations

  6  contributed by private persons for the purpose of covering

  7  costs associated with the above described activities.  All

  8  donations shall be deposited into the Florida Agricultural

  9  Promotion Trust Fund provided for in s. 570.536.

10         Section 7.  Section 570.207, Florida Statutes, is

11  repealed.

12         Section 8.  Subsection (12) of section 570.71, Florida

13  Statutes, is amended to read:

14         570.71  Conservation easements and agreements.--

15         (12)  The department is authorized to use funds from

16  the following sources to implement this act:

17         (a)  State funds;

18         (b)  Federal funds;

19         (c)  Other governmental entities;

20         (d)  Nongovernmental organizations; or

21         (e)  Private individuals.

22

23  Any such funds provided shall be deposited into the Incidental

24  Conservation and Recreation Lands Program Trust Fund within

25  the Department of Agriculture and Consumer Services and used

26  for the purposes of this act.

27         Section 9.  Section 589.37, Florida Statutes, is

28  created to read:

29         589.37  Incidental Trust Fund of the Department of

30  Agriculture and Consumer Services.--The purposes of the

31

                                  7

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  Incidental Trust Fund within the Department of Agriculture and

  2  Consumer Services are:

  3         (1)  To provide for the management of conservation and

  4  recreation lands by the department.

  5         (a)  Funds for the purpose of this subsection may be

  6  appropriated to the trust fund from the Conservation and

  7  Recreation Lands Trust Fund in the Department of Environmental

  8  Protection, as created by s. 259.032(2), or from such other

  9  sources as the Legislature may determine.

10         (b)  Notwithstanding the provisions of s. 216.301 and

11  pursuant to s. 216.351, any balance in the trust fund at the

12  end of any fiscal year shall remain in the trust fund at the

13  end of the year and shall be available for carrying out the

14  purpose of this subsection.

15         (2)  To provide for use by the Division of Forestry for

16  forestry management and protection, as provided in this

17  chapter and chapter 590.

18         Section 10.  Effective July 1, 2002, sections 122.351

19  and 650.06, Florida Statutes, are repealed.

20         Section 11.  Effective July 1, 2002, paragraph (e) of

21  subsection (3) of section 121.011, Florida Statutes, is

22  amended to read:

23         121.011  Florida Retirement System.--

24         (3)  PRESERVATION OF RIGHTS.--

25         (e)  Any member of the Florida Retirement System or any

26  member of an existing system under this chapter on July 1,

27  1975, who is not retired and who is, has been, or shall be,

28  suspended and reinstated without compensation shall receive

29  retirement service credit for the period of time from the date

30  of suspension to the date of reinstatement, provided:

31

                                  8

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1         1.  The creditable service claimed for the period of

  2  suspension does not exceed 24 months;

  3         2.  The member returns to active employment and remains

  4  on the employer's payroll for at least 1 calendar month; and

  5         3.  The member pays into the Retirement System Trust

  6  Fund the total required employer contributions plus the total

  7  employee contributions, if applicable, based on the member's

  8  monthly compensation in effect for the pay period immediately

  9  preceding the period of suspension, prorated for the said

10  period of suspension, plus interest thereon at a rate of 4

11  percent per annum compounded annually until July 1, 1975, and

12  6.5 percent interest thereafter until paid.  If permitted by

13  federal law, the member may pay to the Internal Revenue

14  Service into the Social Security Trust Fund the total cost, if

15  any, of providing social security coverage for the period of

16  suspension if any social security payments have been made by

17  the employer for the benefit of the member during such period.

18  Should there be any conflict as to payment for social security

19  coverage, the payment for retirement service credit shall be

20  made and retirement service credit granted regardless of such

21  conflict.

22         Section 12.  Effective July 1, 2002, subsection (1) of

23  section 121.031, Florida Statutes, is amended to read:

24         121.031  Administration of system; appropriation;

25  oaths; actuarial studies; public records.--

26         (1)  The Department of Management Services has the

27  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

28  to implement the provisions of law conferring duties upon the

29  department and to adopt rules as are necessary for the

30  effective and efficient administration of this system. The

31  funds to pay the expenses for administration of the system are

                                  9

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  hereby appropriated from the interest earned on investments

  2  made for the Retirement System Trust Fund and social security

  3  trust funds and the assessments allowed under chapter 650.

  4         Section 13.  Effective July 1, 2002, subsection (5) of

  5  section 121.071, Florida Statutes, is amended to read:

  6         121.071  Contributions.--Contributions to the system

  7  shall be made as follows:

  8         (5)  Contributions made in accordance with subsections

  9  (1), (2), (3), and (4) shall be paid by the employer into the

10  system trust funds in accordance with rules adopted by the

11  administrator pursuant to chapter 120. Such contributions are

12  due and payable no later than the 25th day of the month

13  immediately following the month during which the payroll

14  period ended. The department may, by rule, establish a

15  different due date, which shall supersede the date specified

16  herein; however, such due date may not be established earlier

17  than the 20th day of the month immediately following the month

18  during which the payroll period ended. Effective January 1,

19  1984, contributions made in accordance with subsection (3)

20  shall be paid by the employer into the system trust fund in

21  accordance with rules adopted by the administrator pursuant to

22  chapter 120.  For any payroll period ending any day of the

23  month before the 16th day of the month, such contributions are

24  due and payable no later than the 20th day of the month; and,

25  for any payroll periods ending any day of the month after the

26  15th day of the month, such contributions are due and payable

27  no later than the 5th day of the next month. Contributions

28  received in the offices of the department after the prescribed

29  date shall be considered delinquent unless, in the opinion of

30  the department, exceptional circumstances beyond an employer's

31  control prevented remittance by the prescribed due date

                                  10

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  notwithstanding such employer's good faith efforts to effect

  2  delivery; and, with respect to retirement contributions due

  3  under subsections (1) and (4), each employer shall be assessed

  4  a delinquent fee of 1 percent of the contributions due for

  5  each calendar month or part thereof that the contributions are

  6  delinquent. Such a waiver of the delinquency fee by the

  7  department may be granted an employer only one time each

  8  fiscal year. Delinquent social security contributions shall be

  9  assessed a delinquent fee as authorized by s. 650.05(4).  The

10  delinquent fee assessable for an employer's first delinquency

11  after July 1, 1984, shall be as specified in s. 650.05(4),

12  and, beginning with the second delinquency in any fiscal year

13  by the employer subsequent to July 1, 1984, all subsequent

14  delinquency fees shall be assessed against the employer at

15  twice the applicable percentage rate specified in s.

16  650.05(4).

17         Section 14.  Effective July 1, 2002, subsection (1) of

18  section 121.141, Florida Statutes, is amended to read:

19         121.141  Appropriation.--

20         (1)  There is hereby annually appropriated from the

21  System Trust Fund or the Social Security Trust Fund a

22  sufficient amount to make such payments as are provided in

23  part I of this chapter.

24         Section 15.  Effective July 1, 2002, section 122.26,

25  Florida Statutes, is amended to read:

26         122.26  Funds.--There shall be paid into the State and

27  County Officers and Employees' Retirement Trust Fund, provided

28  in former s. 122.17, contributions by members of division B

29  for benefits payable to members under this system, and all

30  amounts appropriated for such purpose by the state.  There is

31  hereby created in the State Treasury a fund to be known as the

                                  11

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  Social Security Contribution Trust Fund, into which shall be

  2  deposited contributions required of members for social

  3  security coverage, and such amounts as may be appropriated by

  4  the state for that purpose.

  5         Section 16.  Effective July 1, 2002, subsection (2) of

  6  section 122.27, Florida Statutes, is amended to read:

  7         122.27  Contributions.--From and after the date of the

  8  execution of the agreement, the officer or board paying the

  9  salary of a member of division B shall withhold the following

10  from such salary:

11         (2)  The percentage of such salary which shall

12  constitute the contribution of the member required for social

13  security coverage as now or hereafter fixed by relevant

14  federal statutes.  The officer or board so withholding such

15  percentage of salary shall submit deposit the same without

16  delay to the Internal Revenue Fund as directed by the Social

17  Security Administration in the Social Security Contribution

18  Trust Fund.

19         Section 17.  Effective July 1, 2002, section 122.30,

20  Florida Statutes, is amended to read:

21         122.30  Appropriations.--

22         (1)  There is hereby annually appropriated from the

23  intangible tax fund of the state to the department as the

24  state agency designated in chapter 650, a sum not to exceed

25  $10,000 to defray the expenses of such agency in connection

26  with its continuing duties in relation to the social security

27  coverage provided by this law.

28         (2)  If under the agreement social security coverage is

29  retroactively applicable to members of division B, there is

30  appropriated out of the State and County Officers and

31  Employees' Retirement Trust Fund and into the Social Security

                                  12

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  Contribution Trust Fund the amount required by applicable

  2  federal laws and regulations to be paid with respect to

  3  periods prior to date of execution of the agreement.

  4         (1)(3)  There is appropriated a sufficient amount out

  5  of the State and County Officers and Employees' Retirement

  6  Trust Fund to the administrator to make payments to members of

  7  division B as provided by law.

  8         (4)  There is appropriated out of the Social Security

  9  Contribution Trust Fund for payment into the contribution fund

10  established by s. 650.06, from time to time, such amounts as

11  may be required for the social security coverage of the

12  members of division B.

13         (2)(5)  In addition to amounts appropriated by other

14  provisions of this chapter or other laws to defray the cost of

15  administration of this system, there is hereby appropriated

16  out of the Intangible Tax Fund of the state for use of the

17  department in its administration of the two divisions of this

18  system, the sum of $100,000, or so much thereof as may be

19  required for that purpose.

20         (6)  If in any fiscal year the amounts provided in this

21  chapter to be paid into the State and County Officers and

22  Employees' Retirement Trust Fund by the state for members in

23  divisions A and B of this system, and the amount required to

24  be paid by the state into the Social Security Contribution

25  Trust Fund for the members in division B of this system, as

26  herein provided, shall exceed the amount available for such

27  purposes in the Intangible Tax Fund, until the date of

28  adjournment of the first session of the Legislature subsequent

29  to the occurring of such deficiency, there is appropriated

30  from the General Revenue Fund of the state and payable into

31  the State and County Officers and Employees' Retirement Trust

                                  13

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  Fund and the Social Security Contribution Trust Fund, or

  2  either of said latter funds, an amount equal to such

  3  deficiency.

  4         (7)  There is hereby appropriated out of the State and

  5  County Officers and Employees' Retirement Trust Fund and into

  6  the Social Security Contribution Trust Fund the amount

  7  required by applicable federal laws and regulations to be paid

  8  with respect to 1956, 1957, 1958, and 1959 social security

  9  coverage of the members of this system who transfer from

10  division A to division B thereof between July 1, 1959, and

11  December 1, 1959, and of the deemed members of this system who

12  became contributing members after December 31, 1957, and who,

13  by December 1, 1959, qualify for retroactive social security

14  coverage.

15         (8)  There is hereby appropriated out of the State and

16  County Officers and Employees' Retirement Trust Fund and into

17  the Social Security Contribution Trust Fund the amount

18  required by federal laws and regulations with respect to

19  social security coverage for years after 1955 of the members

20  of this system who transfer from division A to division B in

21  accordance with s. 122.24(3)(c) and qualify for retroactive

22  social security coverage.

23         Section 18.  Effective July 1, 2002, section 122.35,

24  Florida Statutes, is amended to read:

25         122.35  Funding.--

26         (1)  Commencing July 1, 1967, for all state agencies

27  and commencing October 1, 1967, for all other agencies with

28  employees who are members under this chapter, former ss.

29  122.17 and 122.30(4) shall be of no further force and effect

30  and each officer or board paying salaries to members and

31  withholding contributions required of members under this

                                  14

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  chapter for purposes of providing retirement benefits and

  2  social security benefits to or on behalf of such members,

  3  shall budget, set aside and pay over to account B of the

  4  intangible tax trust fund, herein created, matching payments

  5  in the following specified amounts:

  6         (a)1.  An amount equal to the amount of member

  7  contributions paid to the State and County Officers and

  8  Employees' Retirement Trust Fund as specified in ss. 122.03

  9  and 122.27 but excluding any additional contributions required

10  of high hazard members under s. 122.34; and

11         2.  Commencing January 1, 1993, an additional amount

12  equal to 3.99 percent of each installment of salary to

13  members; and

14         (b)  An amount equal to the amount of member social

15  security contributions withheld, to be paid to the Internal

16  Revenue Service Social Security Contribution Trust Fund as

17  specified in s. 122.27.

18         (2)  The monthly payments required by subsection (1)

19  shall be payable within 10 days after the first day of each

20  calendar month after July 1, 1967, for all state agencies and

21  October 1, 1967, for all other agencies. The state funds

22  required to be paid hereunder shall be provided and paid from

23  the sources as set forth in subsection subsections (3) and

24  (4).

25         (3)  The appropriations provided each state agency each

26  fiscal year shall include sufficient amounts to pay the

27  matching contributions for social security and retirement as

28  required by this section and the matching contributions for

29  retirement required of state agencies under s. 238.11(1)(a).

30  No state agency, whether its funds are provided by state

31  appropriation or not, shall employ any person or maintain any

                                  15

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  person on its payroll unless it has allotted for such person

  2  sufficient funds to meet these required payments.

  3         (4)  Effective December 1, 1970, officer and employee

  4  contributions and employer matching contributions required by

  5  division A and division B of this chapter shall be paid as

  6  required in accordance with s. 121.061 and procedures

  7  established therefor.

  8         (5)  Effective January 1987, social security

  9  contributions withheld on behalf of a member of division B of

10  this chapter, and employer matching social security

11  contributions paid on behalf of such member, shall be

12  submitted to the Internal Revenue Service as required by the

13  Social Security Administration.

14         (4)  Effective October 1, 1967, the proceeds of the

15  intangible tax collections of the state remaining after the

16  payment of administrative expenses, commissions which are

17  applicable, and other costs incident to its collection shall

18  be set aside into an account designated as account B of the

19  Intangible Tax Trust Fund, which account shall also receive

20  all of the matching payments for retirement and social

21  security remitted by each officer or board as provided in

22  subsection (1).  The amounts received and deposited into

23  account B of the Intangible Tax Trust Fund are appropriated

24  and shall be used for the following purposes and paid out on

25  the priority basis as shown below:

26         (a)  First, from the funds accumulated in account B

27  there shall be transferred:

28         1.  To the Social Security Contribution Trust Fund, an

29  amount equal to the social security contributions remitted by

30  each officer or board to said fund as specified in s. 122.27.

31

                                  16

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1         2.  To the State and County Officers and Employees'

  2  Retirement Fund, an amount equal to the retirement

  3  contributions withheld from the salaries of members and

  4  remitted by each officer or board to said fund as required by

  5  ss. 122.03 and 122.27, but excluding any additional

  6  contributions required of high hazard members under s. 122.34;

  7  provided, however, that during the 1967-1969 biennium the

  8  amount transferred to said account shall not exceed the total

  9  amount received in account B from the various state and county

10  agencies for retirement matching purposes.

11         (b)  After the retirement and social security

12  contributions of all members have been matched as provided in

13  paragraph (a), the balance remaining in account B of the

14  Intangible Tax Trust Fund shall be distributed as follows:

15         1.  Each county shall receive each fiscal year ending

16  June 30 an allocation in an amount equal to 55 percent of the

17  total net intangible taxes collected and remitted to the

18  Department of Revenue by the tax collector of the county

19  during the prior fiscal year.

20         a.  Commencing October 1, 1967, and every October 1

21  thereafter and continuing on the first day of each subsequent

22  month through June 30 of each fiscal year each board of county

23  commissions of the several counties of the state shall receive

24  an allocation from account B of the Intangible Tax Trust Fund.

25  This allocation shall not include the school boards of the

26  several counties of the state.  The amount of said monthly

27  allocation shall be equal to the average amount required to be

28  matched by the Intangible Tax Trust Fund for the corresponding

29  months during the 1966-1967 fiscal year as computed by the

30  Comptroller, or one-twelfth of the Comptroller's estimate of

31  the county's allocation, whichever is smaller, and an

                                  17

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  adjustment to reconcile the monthly allocations with the

  2  actual amount to be received pursuant to this subparagraph,

  3  shall be made not later than 60 days after the end of the

  4  fiscal year.

  5         b.  Each county, county agency and school board shall

  6  pay all matching cost for retirement and social security as

  7  required by this act and s. 238.11(1), notwithstanding the

  8  provisions of any other law.

  9         2.  The balance remaining in account B of the

10  Intangible Tax Trust Fund after the retirement and social

11  security contributions have been matched and the allocations

12  to each county have been paid as provided in this act, shall

13  be paid over to the General Revenue Fund of the state.

14         (c)  The amounts allocated to the several counties from

15  account B of the Intangible Tax Trust Fund shall be paid by

16  the Department of Revenue to the respective boards of county

17  commissioners who shall deposit same in the general fund of

18  the county, and may expend them for any lawful county purpose.

19  These amounts may be used to assist any county officer or

20  agency within the county including school boards to make the

21  matching payments for retirement and social security as

22  required by law.  Provided, however, should the income of any

23  constitutional fee officer in any year be insufficient to make

24  the matching payments required by this act, the boards of

25  county commissioners shall provide such fee officer sufficient

26  funds from the allocation received under this law to make

27  these required payments.

28         (d)  Should any officer or board other than a state

29  officer or board fail to make the retirement and social

30  security contributions required herein, the Department of

31  Revenue shall deduct the amount owed by the officer or board

                                  18

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  from the allocation accruing to the credit of the county

  2  affected, or the Department of Revenue shall deduct the amount

  3  owed from any other funds to be distributed by him or her to

  4  the officer or board using the procedure he or she shall deem

  5  most appropriate.  The amounts so deducted shall remain in or

  6  be transferred to account B of the Intangible Tax Trust Fund

  7  for further distribution in accordance with this subsection.

  8         (e)  Should any officer or board other than a state

  9  officer or board, for whom the tax collector collects taxes,

10  fail to make the retirement and social security contributions

11  required by this act, the tax collector, at the request of the

12  Department of Revenue and upon receipt of a certificate from

13  him or her showing the amount owed account B by the officer or

14  board, shall deduct the amount so certified from any taxes

15  collected for the officer or board and remit the amount to the

16  Department of Revenue for deposit in account B of the

17  Intangible Tax Trust Fund.

18         (f)  The boards of county commissioners of each county

19  and the Department of Revenue, acting individually or jointly,

20  are hereby authorized to file and maintain action in the

21  courts of this state against any county agency to require it

22  to remit any retirement or social security matching payments

23  due account B of the Intangible Tax Trust Fund under the

24  provisions of this law.

25         Section 19.  Effective July 1, 2002, subsections (1)

26  and (2) of section 650.04, Florida Statutes, are amended to

27  read:

28         650.04  Contributions by state employees.--

29         (1)  Every employee of the state whose services are

30  covered by an agreement entered into under s. 650.03 shall be

31  required to pay for the period of such coverage, into the

                                  19

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  Social Security Contribution Trust Fund established by s.

  2  650.06, contributions, with respect to wages as defined in s.

  3  650.02, equal to the amount of the employee tax which would be

  4  imposed by the Federal Insurance Contributions Act if such

  5  services constituted employment within the meaning of that

  6  act.  Such liability shall arise in consideration of the

  7  employee's retention in the service of the state, or the

  8  employee's entry upon such service, after the enactment of

  9  this chapter.

10         (2)  The contribution imposed by this section shall be

11  collected by deducting the amount of the contribution from

12  wages as and when paid, but failure to make such deduction

13  shall not relieve the employee from liability for such

14  contribution.  Effective January 1987, such contributions

15  shall be submitted to the Internal Revenue Service as directed

16  by the Social Security Administration.

17         Section 20.  Effective July 1, 2002, section 650.05,

18  Florida Statutes, is amended to read:

19         650.05  Plans for coverage of employees of political

20  subdivisions.--

21         (1)  Each political subdivision of the state is hereby

22  authorized to submit for approval by the state agency a plan

23  for extending the benefits of Title II of the Social Security

24  Act, in conformity with the applicable provisions of such act,

25  to employees of such political subdivisions.  Each such plan

26  and any amendment thereof shall be approved by the state

27  agency if it is found that such plan, or such plan as amended,

28  is in conformity with such requirements as are provided in

29  regulations of the state agency, except that no such plan

30  shall be approved unless:

31

                                  20

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1         (a)  It is in conformity with the requirements of the

  2  Social Security Act and with the agreement entered into under

  3  s. 650.03;

  4         (b)  It provides that all services which constitute

  5  employment as defined in s. 650.02 are performed in the employ

  6  of the political subdivisions by employees thereof, shall be

  7  covered by the plan, except such of those services set forth

  8  in s. 650.02(2)(c) as the political subdivision specifically

  9  elects to exclude;

10         (c)  It specifies the source or sources from which the

11  funds necessary to make the payments required by paragraph

12  (3)(a) and by subsection (4) are expected to be derived and

13  contains reasonable assurance that such sources will be

14  adequate for such purpose;

15         (d)  It provides for such methods of administration of

16  the plan by the political subdivision as are found by the

17  state agency to be necessary for the proper and efficient

18  administration of the plan;

19         (e)  It provides that the political subdivision will

20  make such reports, in such form and containing such

21  information, as the state agency may from time to time

22  require, and comply with such provisions as the state agency

23  or the Secretary of Health, Education, and Welfare may from

24  time to time find necessary to assure the correctness and

25  verification of such reports; and

26         (f)  It authorizes the state agency to terminate the

27  plan in its entirety, in the discretion of the state agency,

28  if it finds that there has been a failure to comply

29  substantially with any provisions contained in such plan, such

30  termination to take effect at the expiration of such notice

31  and on such conditions as may be provided by regulations of

                                  21

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  the state agency and may be consistent with the provisions of

  2  the Social Security Act.

  3         (2)  The state agency shall not finally refuse to

  4  approve a plan submitted by a political subdivision under

  5  subsection (1), and shall not terminate an approved plan,

  6  without reasonable notice and opportunity for hearing to the

  7  political subdivision affected thereby.  Any final decision of

  8  the state agency shall be subject to proper judicial review.

  9         (3)(a)  Each political subdivision as to which a plan

10  has been approved under this section shall pay to the Internal

11  Revenue Service into the Social Security Contribution Trust

12  Fund, with respect to wages (as defined in s. 650.02), at such

13  time or times as the Social Security Administration state

14  agency may by regulation prescribe, contributions in the

15  amounts and at the rates specified in the applicable agreement

16  entered into by the state agency under s. 650.03.

17         (b)  Each political subdivision required to make

18  payments under paragraph (a) is authorized, in consideration

19  of the employee's retention in, or entry upon, employment

20  after enactment of this chapter, to impose upon each of its

21  employees, as to services which are covered by an approved

22  plan, a contribution with respect to his or her wages as

23  defined in s. 650.02 not exceeding the amount of the employee

24  tax which would be imposed by the Federal Insurance

25  Contributions Act if such services constituted employment

26  within the meaning of that act, and to deduct the amount of

27  such contribution from his or her wages as and when paid.

28  Contributions so collected shall be paid to the Internal

29  Revenue Service into the Social Security Contribution Trust

30  Fund in partial discharge of the liability of such political

31  subdivision or instrumentality under paragraph (a).  Failure

                                  22

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  to deduct such contribution shall not relieve the employee or

  2  employer of liability therefor.

  3         (4)  Delinquent payments due under paragraph (3)(a)

  4  may, with interest of 1 percent for each calendar month or

  5  part thereof past the due date, be recovered by action in a

  6  court of competent jurisdiction against the political

  7  subdivision liable therefor or shall, at the request of the

  8  state agency, be deducted from any other moneys payable to

  9  such subdivision by any department or agency of the state.

10         (5)  Each political subdivision as to which a plan has

11  been approved shall be liable to the state agency for a

12  proportionate part of the cost of administering this chapter.

13  Such proportionate cost shall be computed and paid in

14  accordance with such regulations relating thereto as may be

15  adopted by the state agency and shall be deposited in the

16  Social Security Administration Trust Fund; and, if any such

17  payment is not made when due, the amount thereof, with

18  interest of 0.5 percent for each calendar month or part

19  thereof past the due date, shall, upon request of the state

20  agency, be deducted from any other moneys payable to such

21  political subdivision by any officer, department, or agency of

22  the state, and forthwith paid to the state agency.

23  Withdrawals from the Social Security Administration Trust Fund

24  shall be made solely for the payment of costs of administering

25  this chapter, and any balance in excess of the amount

26  necessary for administering this chapter shall be transferred

27  to the state retirement system trust funds established

28  pursuant to chapter 121 to make up the actuarial deficit in

29  any of the state retirement systems consolidated thereunder,

30  and the necessary amounts are hereby appropriated from said

31  funds for these purposes.

                                  23

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1         (4)(6)(a)  Notwithstanding any other provision of this

  2  chapter, effective January 1, 1972, all state political

  3  subdivisions receiving financial aid that provide social

  4  security coverage for their employees pursuant to the

  5  provisions of this chapter and the provisions of the various

  6  retirement systems as authorized by law shall, in addition to

  7  other purposes, utilize all grants-in-aid and other revenue

  8  received from the state to pay the employer's share of social

  9  security cost.

10         (b)  The grants-in-aid and other revenue referred to in

11  paragraph (a) specifically include, but are not limited to,

12  minimum foundation program grants to public school districts

13  and community colleges; gasoline, motor fuel, intangible,

14  cigarette, racing, and insurance premium taxes distributed to

15  political subdivisions; and amounts specifically appropriated

16  as grants-in-aid for mental health, mental retardation, and

17  mosquito control programs.

18         Section 21.  Effective July 1, 2002, subsection (7) of

19  section 110.151, Florida Statutes, is repealed.

20         Section 22.  Section 372.127, Florida Statutes, is

21  repealed.

22         Section 23.  Section 372.074, Florida Statutes, is

23  amended to read:

24         372.074  Fish and Wildlife Habitat Protection

25  Program.--

26         (1)(a)  There is established within the Fish and

27  Wildlife Conservation Commission the Fish and Wildlife Habitat

28  Protection Program for the purpose of acquiring, assisting

29  other agencies or local governments in acquiring, or managing

30  lands important to the conservation of fish and wildlife.

31

                                  24

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1         (b)  The Fish and Wildlife Conservation Commission or

  2  its designee shall manage such lands for the primary purpose

  3  of maintaining and enhancing their habitat value for fish and

  4  wildlife. Other uses may be allowed that are not contrary to

  5  this purpose.

  6         (c)  Where acquisition pursuant to this section will

  7  result in state ownership of land, title shall be vested in

  8  the Board of Trustees of the Internal Improvement Trust Fund

  9  as required in chapter 259 253.  Land acquisition pursuant to

10  this section shall be voluntary, negotiated acquisition and,

11  where title is to be vested in the Board of Trustees of the

12  Internal Improvement Trust Fund, is subject to the acquisition

13  procedures of s. 259.041 253.025.

14         (d)  Acquisition costs shall include purchase prices

15  and costs and fees associated with title work, surveys, and

16  appraisals required to complete an acquisition.

17         (2)  Moneys which may be deposited into the Habitat

18  Protection Land Acquisition Trust Fund for the purposes of

19  this section may include, but not be limited to, donations,

20  grants, development-of-regional-impact wildlife mitigation

21  revenues contributions, or legislative appropriations.

22  Florida Forever Preservation 2000 acquisition moneys and

23  Conservation and Recreation Lands management moneys shall not

24  be deposited into this fund.

25         (3)  Notwithstanding the provisions of s. 216.301 and

26  pursuant to s. 216.351, any balance in the Habitat Protection

27  Trust Fund at the end of any fiscal year shall remain in the

28  trust fund at the end of the year and shall be available for

29  carrying out the purposes of the trust fund.  A portion of the

30  balance designated for land management shall be held in

31  reserve as a principal investment for the purpose of

                                  25

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  generating interest.  Such interest earnings shall be

  2  available for the purpose of supporting long-term management

  3  of lands purchased pursuant to this section.

  4         Section 24.  Section 372.09, Florida Statutes, is

  5  amended to read:

  6         372.09  Fish and Wildlife Conservation State Game Trust

  7  Fund.--

  8         (1)  The purpose of the Fish and Wildlife Conservation

  9  Trust Fund is to support the general activities and

10  responsibilities of the Fish and Wildlife Conservation

11  Commission, including, but not limited to, fish and wildlife

12  research and management, law enforcement, land management,

13  lake restoration, and administration of public hunting,

14  fishing, and boating recreational activities.

15         (2)  Funds to be credited to the trust fund shall

16  consist of revenues provided to support the general activities

17  and responsibilities of the commission.  Such revenues may

18  include license and permit fees; contracts and grants;

19  fisheries and wildlife conservation, research, and management

20  revenues; law enforcement revenues; land management revenues;

21  lake restoration revenues; boating activities revenues;

22  program fees, donations, administrative fees, and transfers;

23  and other funds provided by law. The funds resulting from the

24  operation of the commission and from the administration of the

25  laws and regulations pertaining to birds, game, fur-bearing

26  animals, freshwater fish, reptiles, and amphibians, together

27  with any other funds specifically provided for such purposes

28  shall constitute the State Game Trust Fund and shall be used

29  by the commission as it shall deem fit in carrying out the

30  provisions hereof and for no other purposes.  The commission

31  may not obligate itself beyond the current resources of the

                                  26

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  State Game Trust Fund unless specifically so authorized by the

  2  Legislature.

  3         Section 25.  Subsections (5) and (7) of section 201.15,

  4  Florida Statutes, are amended to read:

  5         201.15  Distribution of taxes collected.--All taxes

  6  collected under this chapter shall be distributed as follows

  7  and shall be subject to the service charge imposed in s.

  8  215.20(1), except that such service charge shall not be levied

  9  against any portion of taxes pledged to debt service on bonds

10  to the extent that the amount of the service charge is

11  required to pay any amounts relating to the bonds:

12         (5)  Four and two-tenths percent of the remaining taxes

13  collected under this chapter shall be paid into the State

14  Treasury to the credit of the Conservation and Recreation

15  Lands Trust Fund to carry out the purposes set forth in s.

16  259.032. Nine and one-half percent of the amount credited to

17  the Conservation and Recreation Lands Trust Fund pursuant to

18  this subsection shall be transferred to the Fish and Wildlife

19  Conservation State Game Trust Fund and used for land

20  management activities.

21         (7)  One-half of one percent of the remaining taxes

22  collected under this chapter shall be paid into the State

23  Treasury to the credit of the Fish and Wildlife Conservation

24  State Game Trust Fund to be used exclusively for the purpose

25  of implementing the Lake Restoration 2020 Program.

26         Section 26.  Paragraph (b) of subsection (1) of section

27  206.606, Florida Statutes, is amended to read:

28         206.606  Distribution of certain proceeds.--

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

30  206.87(1)(e) shall be deposited in the Fuel Tax Collection

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

                                  27

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






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

  2  206.41, and the administrative costs incurred by the

  3  department in collecting, administering, enforcing, and

  4  distributing the tax, which administrative costs may not

  5  exceed 2 percent of collections, shall be distributed monthly

  6  to the State Transportation Trust Fund, except that:

  7         (b)  $2.5 million shall be transferred to the Fish and

  8  Wildlife Conservation State Game Trust Fund in the Fish and

  9  Wildlife Conservation Commission in each fiscal year and used

10  for recreational boating activities, and freshwater fisheries

11  management and research.  The transfers must be made in equal

12  monthly amounts beginning on July 1 of each fiscal year. The

13  commission shall annually determine where unmet needs exist

14  for boating-related activities, and may fund such activities

15  in counties where, due to the number of vessel registrations,

16  sufficient financial resources are unavailable.

17         1.  A minimum of $1.25 million shall be used to fund

18  local projects to provide recreational channel marking, public

19  launching facilities, aquatic plant control, and other local

20  boating related activities. In funding the projects, the

21  commission shall give priority consideration as follows:

22         a.  Unmet needs in counties with populations of 100,000

23  or less.

24         b.  Unmet needs in coastal counties with a high level

25  of boating related activities from individuals residing in

26  other counties.

27         2.  The remaining $1.25 million may be used for

28  recreational boating activities and freshwater fisheries

29  management and research.

30         3.  The commission is authorized to adopt rules

31  pursuant to ss. 120.536(1) and 120.54 to implement a Florida

                                  28

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  Boating Improvement Program similar to the program

  2  administered by the Department of Environmental Protection and

  3  established in rules 62D-5.031 - 62D-5.036, Florida

  4  Administrative Code, to determine projects eligible for

  5  funding under this subsection.

  6

  7  On February 1 of each year, the commission shall file an

  8  annual report with the President of the Senate and the Speaker

  9  of the House of Representatives outlining the status of its

10  Florida Boating Improvement Program, including the projects

11  funded, and a list of counties whose needs are unmet due to

12  insufficient financial resources from vessel registration

13  fees.

14         Section 27.  Paragraph (o) of subsection (4) of section

15  215.20, Florida Statutes, is amended to read:

16         215.20  Certain income and certain trust funds to

17  contribute to the General Revenue Fund.--

18         (4)  The income of a revenue nature deposited in the

19  following described trust funds, by whatever name designated,

20  is that from which the deductions authorized by subsection (3)

21  shall be made:

22         (o)  The Fish and Wildlife Conservation State Game

23  Trust Fund established by s. 372.09.

24

25  The enumeration of the foregoing moneys or trust funds shall

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

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

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

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

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

31

                                  29

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  funds or contributions or private grants to any trust fund

  2  would be lost to the state.

  3         Section 28.  Paragraph (b) of subsection (18) of

  4  section 320.08058, Florida Statutes, is amended to read:

  5         320.08058  Specialty license plates.--

  6         (18)  LARGEMOUTH BASS LICENSE PLATES.--

  7         (b)  The annual use fees shall be distributed to the

  8  Fish and Wildlife Conservation State Game Trust Fund and used

  9  by the Fish and Wildlife Conservation Commission to fund

10  current conservation programs that maintain current levels of

11  protection and management of this state's fish and wildlife

12  resources, including providing hunting, fishing, and

13  nonconsumptive wildlife opportunities.

14         Section 29.  Paragraph (c) of subsection (5) of section

15  327.35215, Florida Statutes, is amended to read:

16         327.35215  Penalty for failure to submit to test.--

17         (5)  Moneys collected by the clerk of the court

18  pursuant to this section shall be disposed of in the following

19  manner:

20         (c)  If the arresting officer was employed or appointed

21  by the Fish and Wildlife Conservation Commission as a wildlife

22  enforcement officer or a freshwater fisheries enforcement

23  officer, the money shall be deposited into the Fish and

24  Wildlife Conservation State Game Trust Fund.

25         Section 30.  Paragraphs (b) and (c) of subsection (6)

26  of section 372.0222, Florida Statutes, are amended to read:

27         372.0222  Private publication agreements; advertising;

28  costs of production.--

29         (6)  The commission shall provide services and

30  information designed to inform Floridians and visitors about

31  Florida's unique and diverse fish, game, and wildlife, and

                                  30

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  make it available by means of commonly used media. For the

  2  accomplishment of those purposes, the commission may make

  3  expenditures to:

  4         (b)  Charge and collect a reasonable fee for

  5  researching or compiling information or other services which,

  6  in its judgment, should not be free to those requesting the

  7  information, research, handling, material, publication, or

  8  other services. Any amounts of money received by the

  9  commission from such sources shall be restored to the

10  appropriations of the commission, and any unexpended funds

11  shall be deposited into the Fish and Wildlife Conservation

12  State Game Trust Fund and made available to the commission for

13  use in performing its duties, powers, and purposes.

14         (c)  Charge and collect registration fees at

15  conferences, seminars, and other meetings conducted in

16  furtherance of the duties, powers, and purposes of the

17  commission. Any funds collected under this paragraph which

18  remain unexpended after the expenses of the conference,

19  seminar, or meeting have been paid shall be deposited into the

20  Fish and Wildlife Conservation State Game Trust Fund and made

21  available to the commission for use in performing its duties,

22  powers, and purposes.

23         Section 31.  Section 372.03, Florida Statutes, is

24  amended to read:

25         372.03  Headquarters of commission.--The Fish and

26  Wildlife Conservation Commission is located at the state

27  capital, and, when suitable adequate office space cannot be

28  provided in the State Capitol Building, or other buildings

29  owned by the state, the commission may rent or lease suitable

30  office space in Tallahassee. Said commission may also rent or

31  lease suitable and adequate space in other cities and towns of

                                  31

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  the state for branch or division offices and headquarters and

  2  storerooms for equipment and supplies, as the business of the

  3  commission may require or necessitate, payment for said rented

  4  or leased premises to be made from the Fish and Wildlife

  5  Conservation State Game Trust Fund.

  6         Section 32.  Section 372.7015, Florida Statutes, as

  7  amended by section 14 of chapter 2001-122, Laws of Florida, is

  8  amended to read:

  9         372.7015  Illegal killing, taking, possessing, or

10  selling wildlife or game; fines; disposition of fines.--In

11  addition to any other penalty provided by law, any person who

12  violates the criminal provisions of this chapter and rules

13  adopted pursuant to this chapter by illegally killing, taking,

14  possessing, or selling game or fur-bearing animals as defined

15  in s. 372.001(3) or (4) in or out of season while violating

16  chapter 810 shall pay a fine of $250 for each such violation,

17  plus court costs and any restitution ordered by the court. All

18  fines collected under this section shall be remitted by the

19  clerk of the court to the Department of Revenue to be

20  deposited into the Fish and Wildlife Conservation Commission's

21  Fish and Wildlife Conservation State Game Trust Fund.

22         Section 33.  Section 372.73, Florida Statutes, is

23  amended to read:

24         372.73  Confiscation and disposition of illegally taken

25  game.--All game and freshwater fish seized under the authority

26  of this chapter shall, upon conviction of the offender or

27  sooner if the court so orders, be forfeited and given to some

28  hospital or charitable institution and receipt therefor sent

29  to the Fish and Wildlife Conservation Commission.  All furs or

30  hides or fur-bearing animals seized under the authority of

31  this chapter shall, upon conviction of the offender, be

                                  32

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  forfeited and sent to the commission, which shall sell the

  2  same and deposit the proceeds of such sale to the credit of

  3  the Fish and Wildlife Conservation State Game Trust Fund or

  4  into the commission's Federal Law Enforcement Trust Fund as

  5  provided in s. 372.107, as applicable.  If any such hides or

  6  furs are seized and the offender is unknown, the court shall

  7  order such hides or furs sent to the Fish and Wildlife

  8  Conservation Commission, which shall sell such hides and furs

  9  and deposit the proceeds of such sale to the credit of the

10  Fish and Wildlife Conservation State Game Trust Fund or into

11  the commission's Federal Law Enforcement Trust Fund as

12  provided in s. 372.107, as applicable.

13         Section 34.  Subsection (3) of section 372.9901,

14  Florida Statutes, is amended to read:

15         372.9901  Seizure of illegal hunting devices;

16  disposition; appraisal; forfeiture.--

17         (3)  Upon conviction of the violator, the property, if

18  owned by the person convicted, shall be forfeited to the state

19  under the procedure set forth in ss. 372.312-372.318, where

20  not inconsistent with this section. All amounts received from

21  the sale or other disposition of the property shall be paid

22  into the Fish and Wildlife Conservation State Game Trust Fund

23  or into the commission's Federal Law Enforcement Trust Fund as

24  provided in s. 372.107, as applicable. If the property is not

25  sold or converted, it shall be delivered to the director of

26  the Fish and Wildlife Conservation Commission.

27         Section 35.  Subsection (3) of section 372.9904,

28  Florida Statutes, is amended to read:

29         372.9904  Seizure of illegal transportation devices;

30  disposition; appraisal; forfeiture.--

31

                                  33

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1         (3)  Upon conviction of the violator, the property, if

  2  owned by the person convicted, shall be forfeited to the state

  3  under the procedure set forth in ss. 372.312-372.318, when not

  4  inconsistent with this section.  All amounts received from the

  5  sale or other disposition of the property shall be paid into

  6  the Fish and Wildlife Conservation State Game Trust Fund or

  7  into the commission's Federal Law Enforcement Trust Fund as

  8  provided in s. 372.107, as applicable.  If the property is not

  9  sold or converted, it shall be delivered to the director of

10  the Fish and Wildlife Conservation Commission.

11         Section 36.  Section 372.9906, Florida Statutes, is

12  amended to read:

13         372.9906  Wildlife Law Enforcement Program; creation;

14  purposes.--There is established within the Fish and Wildlife

15  Conservation Commission the Wildlife Law Enforcement Program.

16  The commission may establish and operate law enforcement

17  programs that relate to the conservation, enhancement, and

18  regulation of wildlife and freshwater aquatic resources of the

19  state and to conduct programs to educate the public about the

20  enforcement of laws and regulations relating to the wildlife

21  and freshwater aquatic resources of the state. Moneys that

22  accrue to the program by law and moneys donated to the program

23  must be deposited into the Fish and Wildlife Conservation

24  State Game Trust Fund.

25         Section 37.  Subsection (2) of section 375.313, Florida

26  Statutes, is amended to read:

27         375.313  Commission powers and duties.--The commission

28  shall:

29         (2)  Collect any registration fees imposed by s.

30  375.315 and deposit said fees in the Fish and Wildlife

31  Conservation State Game Trust Fund.  The revenue resulting

                                  34

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






    Florida House of Representatives - 2002                HB 1957

    187-962-02






  1  from said registration shall be expended for the funding and

  2  administration of ss. 375.311-375.315.

  3         Section 38.  Paragraph (e) of subsection (5) of section

  4  932.7055, Florida Statutes, is amended to read:

  5         932.7055  Disposition of liens and forfeited

  6  property.--

  7         (5)  If the seizing agency is a state agency, all

  8  remaining proceeds shall be deposited into the General Revenue

  9  Fund.  However, if the seizing agency is:

10         (e)  The Fish and Wildlife Conservation Commission, the

11  proceeds accrued pursuant to the provisions of the Florida

12  Contraband Forfeiture Act shall be deposited into the Fish and

13  Wildlife Conservation State Game Trust Fund as provided in ss.

14  372.73, 372.9901, and 372.9904, into the Marine Resources

15  Conservation Trust Fund as provided in s. 370.061, or into the

16  commission's Federal Law Enforcement Trust Fund as provided in

17  s. 372.107, as applicable.

18         Section 39.  Except as otherwise provided herein, this

19  act shall take effect July 1, 2003.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      Terminates or exempts from termination specified trust
24    funds of state general government agencies, and renames
      certain trust funds.  Provides for disposition of
25    balances in and revenues of the terminated trust funds.
      Amends or repeals various provisions of law to conform.
26    See bill for details.

27

28

29

30

31

                                  35

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