House Bill hb1959

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




    Florida House of Representatives - 2002                HB 1959

        By the Fiscal Responsibility Council and Representative
    Johnson





  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 transportation and

  5         economic development agencies; providing for

  6         disposition of balances in and revenues of the

  7         terminated trust funds; repealing s. 288.711,

  8         F.S., relating to the Florida Investment

  9         Incentive Trust Fund; repealing s. 288.712,

10         F.S., relating to the Black Contractors Bond

11         Trust Fund; amending s. 288.713, F.S.; removing

12         a reference to conform; amending s. 376.875,

13         F.S.; revising the Brownfield Property

14         Ownership Clearance Assistance Program to

15         eliminate its revolving loan trust fund and to

16         provide for deposit of the principal and

17         interest of all loans under the program in

18         another trust fund; amending s. 14.2015, F.S.;

19         removing a reference to conform; repealing s.

20         15.09(5), F.S., relating to the Public Access

21         Data Systems Trust Fund; amending s. 443.211,

22         F.S., to delete provisions relating to the

23         Special Employment Security Administration

24         Trust Fund; amending s. 215.20, F.S.; removing

25         a reference to conform; amending s. 443.141,

26         F.S.; providing for deposit of past due

27         contributions in the General Revenue Fund

28         instead; removing a reference to conform;

29         creating s. 443.215, F.S.; providing for

30         deposit or transfer of interest on

31         contributions, penalties, and fines or fees

                                  1

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         collected under the Unemployment Compensation

  2         Law in the General Revenue Fund; providing an

  3         exception; amending s. 201.15, F.S.; providing

  4         for deposit of certain proceeds of the excise

  5         tax on documents into the General Revenue Fund

  6         instead of the State Housing Trust Fund under

  7         certain circumstances; amending s. 607.1901,

  8         F.S.; providing requirements for reductions in

  9         transfers from the Corporations Trust Fund of

10         the Department of State in fiscal years of

11         budget reduction due to a projected deficit in

12         general revenue; amending s. 252.373, F.S.;

13         providing for use of certain funds of the

14         Emergency Management, Preparedness, and

15         Assistance Trust Fund as state match for

16         federally approved Hazard Mitigation Grant

17         Program projects; amending s. 320.08058, F.S.;

18         providing additional uses for funds in the

19         Professional Sports Development Trust Fund;

20         requiring transfer of the unexpended balance of

21         the Economic Development Transportation Trust

22         Fund to the Department of Transportation;

23         providing restrictions on the transfer of such

24         funds back to the Office of Tourism, Trade, and

25         Economic Development; amending s. 288.063,

26         F.S.; providing restrictions on the transfer of

27         funds appropriated from the State

28         Transportation Trust Fund to the Office of

29         Tourism, Trade, and Economic Development for

30         economic development transportation projects;

31         providing effective dates.

                                  2

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






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

  2

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

  4  by the following agencies are terminated:

  5         (a)  Within the Executive Office of the Governor:

  6         1.  Effective July 1, 2002, the Black Contractors Bond

  7  Trust Fund, FLAIR number 31-2-056.

  8         2.  Effective July 1, 2002, the Florida Investment

  9  Incentive Trust Fund, FLAIR number 31-2-293.

10         3.  Effective July 1, 2003, the Brownfield Property

11  Ownership Clearance Assistance Revolving Loan Trust Fund,

12  FLAIR number 31-2-595.  All current balances remaining in, and

13  all revenues of, the Brownfield Property Ownership Clearance

14  Assistance Revolving Loan Trust Fund terminated by this act

15  shall be transferred to the Economic Development Trust Fund in

16  the Executive Office of the Governor.

17         (b)  Within the Department of State:

18         1.  Effective July 1, 2002, the Library Construction

19  Trust Fund, FLAIR number 45-2-447.

20         2.  Effective July 1, 2003, the Public Access Data

21  Systems Trust Fund, FLAIR number 45-2-542.

22         (c)  Within the Department of Transportation, effective

23  July 1, 2002, the Turnpike Controlled Access Trust Fund, FLAIR

24  number 55-2-334.

25         (d)  Within the Agency for Workforce Innovation,

26  effective July 1, 2003, the Special Employment Security

27  Administration Trust Fund, FLAIR number 75-2-648.

28         (e)  Within the Department of Highway Safety and Motor

29  Vehicles, effective July 1, 2003, the Civil Fines Clearing

30  Trust Fund, FLAIR number 76-2-094.

31

                                  3

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         (2)  Unless otherwise provided, all current balances

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

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

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

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

  6  account shall pay any outstanding debts or obligations of the

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

  8  Comptroller shall close out and remove the terminated fund or

  9  account from the various state accounting systems using

10  generally accepted accounting principles concerning warrants

11  outstanding, assets, and liabilities.

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

13  becoming a law.

14         Section 2.  Effective upon this act becoming a law, the

15  Legislature finds that the following trust funds administered

16  by the following agencies are exempt from termination pursuant

17  to Section 19(f), Article III of the State Constitution:

18         (1)  Within the Executive Office of the Governor, the

19  Trust Funds Trust Fund, FLAIR number 31-2-732.

20         (2)  Within the Department of Transportation:

21         (a)  The Central Florida Beltway Trust Fund, FLAIR

22  number 55-2-074.

23         (b)  The Everglades Parkway Construction Trust Fund,

24  FLAIR number 55-2-199.

25         (c)  The Turnpike Renewal and Replacement Trust Fund,

26  FLAIR number 55-2-324.

27         (d)  The Turnpike General Reserve Trust Fund, FLAIR

28  number 55-2-326.

29         (e)  The Turnpike Construction Trust Fund, FLAIR number

30  55-2-340.

31

                                  4

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         (f)  The Jacksonville Transportation Authority Project

  2  Construction Trust Fund, FLAIR number 55-2-413.

  3         (g)  The Jefferson County Project Construction Trust

  4  Fund, FLAIR number 55-2-418.

  5         (h)  The State Transportation Trust Fund, FLAIR number

  6  55-2-540.

  7         (i)  The Right-of-Way Acquisition and Bridge

  8  Construction Trust Fund, FLAIR number 55-2-586.

  9         (3)  Within the Department of Highway Safety and Motor

10  Vehicles:

11         (a)  The International Registration Clearing Trust

12  Fund, FLAIR number 76-2-410.

13         (b)  The License Tax Collection Trust Fund, FLAIR

14  number 76-2-452.

15         (c)  The Motor Vehicle License Clearing Trust Fund,

16  FLAIR number 76-2-488.

17         (d)  The Security Deposits Trust Fund, FLAIR number

18  76-2-625.

19         Section 3.  Effective July 1, 2002, sections 288.711

20  and 288.712, Florida Statutes, are repealed.

21         Section 4.  Effective July 1, 2002, subsection (2) of

22  section 288.713, Florida Statutes, is amended to read:

23         288.713  Capital participation instruments.--

24         (2)  The board may authorize counties and

25  municipalities to issue bonds to finance loan pools developed

26  under s. 288.712 repayable solely from revenues derived from

27  the underlying loans and any payments from an insurer or

28  guarantor of the loans.  The board shall have the power and

29  authority to authorize the issuance of the bonds in the manner

30  granted by ss. 215.57-215.83, except the following provisions

31  shall control:

                                  5

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         (a)  The bonds may be sold at either public or private

  2  sale.

  3         (b)  All bonds issued under authority of this act shall

  4  state on the face thereof that the bonds are payable, both as

  5  to principal and interest, solely out of the revenues pledged,

  6  including any insurance or guaranties as to revenues, and do

  7  not constitute an obligation, either general or special, of

  8  the state or of any local government.

  9         (c)  Any pledge of earnings, revenues, or other moneys

10  made by a local government shall be valid and binding from the

11  time the pledge is made.  The earnings, revenues, or other

12  moneys so pledged and thereafter received by the agency shall

13  immediately be subject to the lien of that pledge without any

14  physical delivery thereof or further act.  The lien of the

15  pledge shall be valid and binding as against the local

16  government irrespective of whether the parties have notice

17  thereof.  Neither the resolution nor any other instrument by

18  which a pledge is created need be recorded or filed pursuant

19  to the Uniform Commercial Code.

20         Section 5.  Section 376.875, Florida Statutes, is

21  amended to read:

22         376.875  Brownfield Property Ownership Clearance

23  Assistance Program Revolving Loan Trust Fund.--

24         (1)  There is created the Brownfield Property Ownership

25  Clearance Assistance Program within Revolving Loan Trust Fund

26  to be administered by the Office of Tourism, Trade, and

27  Economic Development in the Executive Office of the Governor

28  for the purposes of funding, within the limits of specific

29  appropriations, for low-interest loans for the purchase of

30  outstanding, unresolved contractor liens, tax certificates, or

31  other liens or claims on brownfield sites designated as part

                                  6

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  of a brownfield area by a local government under s. 376.80.

  2  The loans may be used for a negotiated settlement of legally

  3  recognized liens or claims at a value less than their face

  4  value taking into account the overall feasibility of

  5  redevelopment of the brownfield area.  The principal and

  6  interest of all loans under the program shall be deposited in

  7  the Economic Development Trust Fund.

  8         (2)  The trust fund must be used for the deposit of all

  9  moneys appropriated by the Legislature to fund this revolving

10  loan program. All moneys in the fund that are not needed on an

11  immediate basis for loans must be invested under s. 215.49.

12  The principal and interest of all loans repaid and investment

13  earnings must be deposited into the fund.

14         (2)(3)  The Office of Tourism, Trade, and Economic

15  Development may make loans to local governments, community

16  redevelopment agencies created under s. 163.356 or s. 163.357,

17  or persons or nonprofit corporations responsible for

18  brownfield site rehabilitation designated under s. 376.80, for

19  the purposes described in subsection (1).

20         (3)(4)  The terms of loans made under this section may

21  not exceed 5 years. The interest rate on loans may be no

22  greater than that paid on the last bonds sold under s. 14,

23  Art. VII of the State Constitution. A loan to any brownfield

24  area may be no more than 25 percent of the total funds

25  available for making loans during that fiscal year.

26         (4)(5)  The Office of Tourism, Trade, and Economic

27  Development may adopt rules necessary to specify the

28  application process and timing, determination of the overall

29  economic feasibility of individual loan applications, and

30  other aspects of carrying out the purposes of this section.

31

                                  7

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         Section 6.  Paragraph (f) of subsection (2) of section

  2  14.2015, Florida Statutes, is amended to read:

  3         14.2015  Office of Tourism, Trade, and Economic

  4  Development; creation; powers and duties.--

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

  6  Economic Development is to assist the Governor in working with

  7  the Legislature, state agencies, business leaders, and

  8  economic development professionals to formulate and implement

  9  coherent and consistent policies and strategies designed to

10  provide economic opportunities for all Floridians.  To

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

12  Economic Development shall:

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

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

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

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

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

18  288.1045, contracts for transportation projects under s.

19  288.063, the sports franchise facility program under s.

20  288.1162, the professional golf hall of fame facility program

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

22  403.973, the Rural Community Development Revolving Loan Fund

23  under s. 288.065, the Regional Rural Development Grants

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

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

26  the Rural Economic Development Initiative, and other programs

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

28  appropriations process, or by the Governor. Notwithstanding

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

30  earned from the investment of program funds deposited in the

31  Economic Development Trust Fund, the Grants and Donations

                                  8

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  Trust Fund, the Brownfield Property Ownership Clearance

  2  Assistance Revolving Loan Trust Fund, and the Economic

  3  Development Transportation Trust Fund to contract for the

  4  administration of the programs, or portions of the programs,

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

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

  7  expenditures shall be subject to review under chapter 216.

  8         2.  The office may enter into contracts in connection

  9  with the fulfillment of its duties concerning the Florida

10  First Business Bond Pool under chapter 159, tax incentives

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

12  Capital Company Act in chapter 288, foreign offices under

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

14  the Seaport Employment Training program under chapter 311, the

15  Florida Professional Sports Team License Plates under chapter

16  320, Spaceport Florida under chapter 331, Expedited Permitting

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

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

19  appropriations process, or by the Governor.

20         Section 7.  Subsection (5) of section 15.09, Florida

21  Statutes, is repealed.

22         Section 8.  Section 443.211, Florida Statutes, is

23  amended to read:

24         443.211  Employment Security Administration Trust Fund;

25  appropriation; reimbursement.--

26         (1)  EMPLOYMENT SECURITY ADMINISTRATION TRUST

27  FUND.--There is created in the State Treasury a special fund

28  to be known as the "Employment Security Administration Trust

29  Fund."  All moneys that are deposited into this fund remain

30  continuously available to the division for expenditure in

31  accordance with the provisions of this chapter and do not

                                  9

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  lapse at any time and may not be transferred to any other

  2  fund.  All moneys in this fund which are received from the

  3  Federal Government or any agency thereof or which are

  4  appropriated by this state for the purposes described in ss.

  5  443.171 and 443.181, except money received under s.

  6  443.191(5)(c), must be expended solely for the purposes and in

  7  the amounts found necessary by the authorized cooperating

  8  federal agencies for the proper and efficient administration

  9  of this chapter. The fund shall consist of all moneys

10  appropriated by this state; all moneys received from the

11  United States or any agency thereof; all moneys received from

12  any other source for such purpose; any moneys received from

13  any agency of the United States or any other state as

14  compensation for services or facilities supplied to such

15  agency; any amounts received pursuant to any surety bond or

16  insurance policy or from other sources for losses sustained by

17  the Employment Security Administration Trust Fund or by reason

18  of damage to equipment or supplies purchased from moneys in

19  such fund; and any proceeds realized from the sale or

20  disposition of any such equipment or supplies which may no

21  longer be necessary for the proper administration of this

22  chapter. Notwithstanding any provision of this section, all

23  money requisitioned and deposited in this fund under s.

24  443.191(5)(c) remains part of the Unemployment Compensation

25  Trust Fund and must be used only in accordance with the

26  conditions specified in s. 443.191(5).  All moneys in this

27  fund must be deposited, administered, and disbursed in the

28  same manner and under the same conditions and requirements as

29  is provided by law for other special funds in the State

30  Treasury.  Such moneys must be secured by the depositary in

31  which they are held to the same extent and in the same manner

                                  10

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  as required by the general depositary law of the state, and

  2  collateral pledged must be maintained in a separate custody

  3  account. All payments from the Employment Security

  4  Administration Trust Fund must be approved by the division or

  5  by a duly authorized agent and must be made by the Treasurer

  6  upon warrants issued by the Comptroller.  Any balances in this

  7  fund do not lapse at any time and must remain continuously

  8  available to the division for expenditure consistent with this

  9  chapter.

10         (2)  SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST

11  FUND.--There is created in the State Treasury a special fund,

12  to be known as the "Special Employment Security Administration

13  Trust Fund," into which shall be deposited or transferred all

14  interest on contributions, penalties, and fines or fees

15  collected under this chapter.  Interest on contributions,

16  penalties, and fines or fees deposited during any calendar

17  quarter in the clearing account in the Unemployment

18  Compensation Trust Fund shall, as soon as practicable after

19  the close of such calendar quarter and upon certification of

20  the division, be transferred to the Special Employment

21  Security Administration Trust Fund.  However, there shall be

22  withheld from any such transfer the amount certified by the

23  division to be required under this chapter to pay refunds of

24  interest on contributions, penalties, and fines or fees

25  collected and erroneously deposited into the clearing account

26  in the Unemployment Compensation Trust Fund.  Such amounts of

27  interest and penalties so certified for transfer shall be

28  deemed to have been erroneously deposited in the clearing

29  account, and the transfer thereof to the Special Employment

30  Security Administration Trust Fund shall be deemed to be a

31  refund of such erroneous deposits. All moneys in this fund

                                  11

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  shall be deposited, administered, and disbursed in the same

  2  manner and under the same conditions and requirements as are

  3  provided by law for other special funds in the State Treasury.

  4  These moneys shall not be expended or be available for

  5  expenditure in any manner which would permit their

  6  substitution for, or permit a corresponding reduction in,

  7  federal funds which would, in the absence of these moneys, be

  8  available to finance expenditures for the administration of

  9  the Unemployment Compensation Law.  But nothing in this

10  section shall prevent these moneys from being used as a

11  revolving fund to cover expenditures, necessary and proper

12  under the law, for which federal funds have been duly

13  requested but not yet received, subject to the charging of

14  such expenditures against such funds when received.  The

15  moneys in this fund, with the approval of the Executive Office

16  of the Governor, shall be used by the Division of Unemployment

17  Compensation and the Agency for Workforce Innovation for the

18  payment of costs of administration which are found not to have

19  been properly and validly chargeable against funds obtained

20  from federal sources. All moneys in the Special Employment

21  Security Administration Trust Fund shall be continuously

22  available to the division for expenditure in accordance with

23  the provisions of this chapter and shall not lapse at any

24  time.  All payments from the Special Employment Security

25  Administration Trust Fund shall be approved by the division or

26  by a duly authorized agent thereof and shall be made by the

27  Treasurer upon warrants issued by the Comptroller. The moneys

28  in this fund are hereby specifically made available to

29  replace, as contemplated by subsection (3), expenditures from

30  the Employment Security Administration Trust Fund, established

31  by subsection (1), which have been found by the Bureau of

                                  12

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  Employment Security, or other authorized federal agency or

  2  authority, because of any action or contingency, to have been

  3  lost or improperly expended.  The Treasurer shall be liable on

  4  her or his official bond for the faithful performance of her

  5  or his duties in connection with the Special Employment

  6  Security Administration Trust Fund.

  7         (2)(3)  REIMBURSEMENT OF FUND.--If any moneys received

  8  from the Bureau of Employment Security under Title III of the

  9  Social Security Act, any unencumbered balances in the

10  Employment Security Administration Trust Fund, any moneys

11  granted to this state pursuant to the provisions of the

12  Wagner-Peyser Act, or any moneys made available by this state

13  or its political subdivisions and matched by such moneys

14  granted to this state pursuant to the provisions of the

15  Wagner-Peyser Act, after reasonable notice and opportunity for

16  hearing, are found by the Bureau of Employment Security,

17  because of any action or contingency, to have been lost or

18  been expended for purposes other than, or in amounts in excess

19  of, those found necessary by the Bureau of Employment Security

20  for the proper administration of this chapter, it is the

21  policy of this state that such moneys shall be replaced by

22  moneys appropriated for such purposes from the general funds

23  of this state to the Employment Security Administration Trust

24  Fund for expenditure as provided in subsection (1).  Upon

25  receipt of notice of such a finding by the Bureau of

26  Employment Security, the division shall promptly report the

27  amount required for such replacement to the Governor; and the

28  Governor shall, at the earliest opportunity, submit to the

29  Legislature a request for the appropriation of such amount.

30  This subsection shall not be construed to relieve this state

31  of its obligation with respect to funds received prior to July

                                  13

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  1, 1941, pursuant to the provisions of Title III of the Social

  2  Security Act.

  3         (4)  EXEMPTION OF FUND FROM CERTAIN LAWS.--The Special

  4  Employment Security Administration Trust Fund provided for in

  5  subsection (2) is exempt from the application of any laws of

  6  the Legislature of 1949, other than this subsection, and

  7  specifically from the application of or effect by the

  8  continuing appropriations law.

  9         (3)(5)  AGENCY FOR WORKFORCE INNOVATION AUTHORITY AND

10  RESPONSIBILITY.--In connection with its duties under s.

11  443.181, the Agency for Workforce Innovation shall have

12  several authority and responsibility for deposit, requisition,

13  expenditure, approval of payment, reimbursement, and reporting

14  in regard to the trust fund funds established by this section.

15         Section 9.  Subsection (4) of section 215.20, Florida

16  Statutes, is amended to read:

17         215.20  Certain income and certain trust funds to

18  contribute to the General Revenue Fund.--

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

20  following described trust funds, by whatever name designated,

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

22  shall be made:

23         (a)  The Fuel Tax Collection Trust Fund created by s.

24  206.875.

25         (b)  All income derived from outdoor advertising and

26  overweight violations which is deposited in the State

27  Transportation Trust Fund created by s. 206.46.

28         (c)  All taxes levied on motor fuels other than

29  gasoline levied pursuant to the provisions of s. 206.87(1)(a).

30         (d)  The State Alternative Fuel User Fee Clearing Trust

31  Fund established pursuant to s. 206.879(1).

                                  14

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         (e)  The Local Alternative Fuel User Fee Clearing Trust

  2  Fund established pursuant to s. 206.879(2).

  3         (f)  The Cigarette Tax Collection Trust Fund created by

  4  s. 210.20.

  5         (g)  The Nonmandatory Land Reclamation Trust Fund

  6  established pursuant to s. 211.3103.

  7         (h)  The Phosphate Research Trust Fund established

  8  pursuant to s. 211.3103.

  9         (i)  The Land Reclamation Trust Fund established

10  pursuant to s. 211.32(1)(f).

11         (j)  The Educational Certification and Service Trust

12  Fund created by s. 231.30.

13         (k)  The trust funds administered by the Division of

14  Historical Resources of the Department of State.

15         (l)  The Marine Resources Conservation Trust Fund

16  created by s. 370.0608, with the exception of those fees

17  collected for recreational saltwater fishing licenses as

18  provided in s. 370.0605.

19         (m)  The Local Option Fuel Tax Trust Fund created

20  pursuant to s. 336.025.

21         (n)  The Florida Public Service Regulatory Trust Fund

22  established pursuant to s. 350.113.

23         (o)  The State Game Trust Fund established by s.

24  372.09.

25         (p)  The Special Disability Trust Fund created by s.

26  440.49.

27         (q)  The Workers' Compensation Administration Trust

28  Fund created by s. 440.50(1)(a).

29         (r)  The Employment Security Administration Trust Fund

30  created by s. 443.211(1).

31

                                  15

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         (s)  The Special Employment Security Administration

  2  Trust Fund created by s. 443.211(2).

  3         (s)(t)  The Professional Regulation Trust Fund

  4  established pursuant to s. 455.219.

  5         (t)(u)  The Speech-Language Pathology and Audiology

  6  Trust Fund.

  7         (u)(v)  The Division of Licensing Trust Fund

  8  established pursuant to s. 493.6117.

  9         (v)(w)  The Division of Florida Land Sales,

10  Condominiums, and Mobile Homes Trust Fund established pursuant

11  to s. 498.019.

12         (w)(x)  The trust fund of the Division of Hotels and

13  Restaurants, as defined in s. 509.072, with the exception of

14  those fees collected for the purpose of funding of the

15  hospitality education program as stated in s. 509.302.

16         (x)(y)  The trust funds administered by the Division of

17  Pari-mutuel Wagering and the Florida Quarter Horse Racing

18  Promotion Trust Fund.

19         (y)(z)  The General Inspection Trust Fund and

20  subsidiary accounts thereof, unless a different percentage is

21  authorized by s. 570.20.

22         (z)(aa)  The Florida Citrus Advertising Trust Fund

23  created by s. 601.15(7), including transfers from any

24  subsidiary accounts thereof, unless a different percentage is

25  authorized in that section.

26         (aa)(bb)  The Agents and Solicitors County Tax Trust

27  Fund created by s. 624.506.

28         (bb)(cc)  The Insurance Commissioner's Regulatory Trust

29  Fund created by s. 624.523.

30         (cc)(dd)  The Financial Institutions' Regulatory Trust

31  Fund established pursuant to s. 655.049.

                                  16

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         (dd)(ee)  The Crimes Compensation Trust Fund

  2  established pursuant to s. 960.21.

  3         (ee)(ff)  The Records Management Trust Fund established

  4  pursuant to s. 257.375.

  5         (ff)(gg)  The Alcoholic Beverage and Tobacco Trust Fund

  6  established pursuant to s. 561.025.

  7         (gg)(hh)  The Health Care Trust Fund established

  8  pursuant to s. 408.16.

  9         (hh)(ii)  The Police and Firefighters' Premium Tax

10  Trust Fund established within the Department of Management

11  Services.

12

13  The enumeration of the foregoing moneys or trust funds shall

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

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

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

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

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

19  funds or contributions or private grants to any trust fund

20  would be lost to the state.

21         Section 10.  Paragraphs (a) and (b) of subsection (1)

22  and subsection (6) of section 443.141, Florida Statutes, are

23  amended to read:

24         443.141  Collection of contributions.--

25         (1)  PAST DUE CONTRIBUTIONS.--

26         (a)  Interest.--Contributions unpaid on the date on

27  which they are due and payable shall bear interest at the rate

28  of 1 percent per month from and after such date until payment

29  plus accrued interest is received by the division, unless the

30  division finds that the employing unit has or had good reason

31  for failure to pay contributions when due.  Interest collected

                                  17

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  pursuant to this subsection shall be paid into the General

  2  Revenue Special Employment Security Administration Trust Fund.

  3         (b)  Penalty for delinquent reports.--

  4         1.  Any employing unit which fails to file any reports

  5  required by the division in the administration of this

  6  chapter, in accordance with rules adopted by the division,

  7  shall pay to the division with respect to each such report the

  8  sum of $25 for each 30 days or fraction thereof that such

  9  employing unit is delinquent, unless the division finds that

10  such employing unit has or had good reason for failure to file

11  such report or reports.

12         2.  Sums collected as penalties under the provisions of

13  subparagraph 1. shall be deposited by the division in the

14  General Revenue Special Employment Security Administration

15  Trust Fund.

16         3.  A waiver of penalty and interest for delinquent

17  reports may be authorized where impositions of interest or a

18  penalty would be inequitable.

19         (6)  REFUNDS.--If, not later than 4 years after the

20  date of payment of any amount as contributions, interest, or

21  penalties, an employing unit that has paid such contributions,

22  interest, or penalties makes application for an adjustment

23  thereof in connection with subsequent contribution payments,

24  or for a refund thereof because such adjustment cannot be

25  made, and the division determines that such contributions,

26  interest, or penalties or any portion thereof was erroneously

27  collected, the division shall allow such employing unit to

28  make an adjustment thereof without interest in connection with

29  subsequent contribution payment by it, or if such adjustment

30  cannot be made, the division shall refund said amount, without

31  interest, from the fund.  For like cause, and within the same

                                  18

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  period, adjustment or refund may be made on the division's own

  2  initiative.  However, nothing in this chapter shall be

  3  construed to authorize a refund of contributions which were

  4  properly paid in accordance with the provisions of this

  5  chapter at the time of such payment, except as required by s.

  6  443.036(21)(n)5.; further, refunds under this subsection and

  7  under s. 443.036(21)(n)5. may be paid from either the clearing

  8  account or the benefit account of the Unemployment

  9  Compensation Trust Fund and from the Special Employment

10  Security Administration Trust Fund with respect to interest or

11  penalties which have been previously paid into such fund, the

12  provisions of s. 443.191(2) to the contrary notwithstanding.

13         Section 11.  Section 443.215, Florida Statutes, is

14  created to read:

15         443.215  Interest on contributions, penalties, and

16  fines or fees.--All interest on contributions, penalties, and

17  fines or fees collected under this chapter shall be deposited

18  or transferred into the General Revenue Fund.  Interest on

19  contributions, penalties, and fines or fees deposited during

20  any calendar quarter in the clearing account of the

21  Unemployment Compensation Trust Fund shall, as soon as

22  practicable after the close of such calendar quarter and upon

23  certification of the division, be transferred to the General

24  Revenue Fund.  However, there shall be withheld from any such

25  transfer the amount certified by the division to be required

26  under this chapter to pay refunds of interest on

27  contributions, penalties, and fines or fees collected and

28  erroneously deposited in the Unemployment Compensation Trust

29  Fund.

30

31

                                  19

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         Section 12.  Effective July 1, 2002, subsections (9)

  2  and (10) of section 201.15, Florida Statutes, are amended to

  3  read:

  4         201.15  Distribution of taxes collected.--All taxes

  5  collected under this chapter shall be distributed as follows

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

  7  215.20(1), except that such service charge shall not be levied

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

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

10  required to pay any amounts relating to the bonds:

11         (9)  Seven and fifty-three hundredths percent of the

12  remaining taxes collected under this chapter shall be paid

13  into the State Treasury to the credit of the State Housing

14  Trust Fund and shall be used as follows:

15         (a)  Half of that amount shall be used for the purposes

16  for which the State Housing Trust Fund was created and exists

17  by law.

18         (b)  Half of that amount shall be paid into the State

19  Treasury to the credit of the Local Government Housing Trust

20  Fund and shall be used for the purposes for which the Local

21  Government Housing Trust Fund was created and exists by law.

22

23  Any increase in annual distributions in this subsection shall

24  be limited to the increase in the Consumer Price Index for the

25  previous calendar year for All Urban Consumers, U.S. City

26  Average, All Items, or successor reports as reported by the

27  United States Department of Labor, Bureau of Labor Statistics.

28  Any amount above such limitation shall be transferred by the

29  Department of Revenue to the General Revenue Fund, provided,

30  however, that the transfer shall not be made in any year in

31

                                  20

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  which the annual distribution does not exceed the annual

  2  distribution for each of the 2 prior years.

  3         (10)  Eight and sixty-six hundredths percent of the

  4  remaining taxes collected under this chapter shall be paid

  5  into the State Treasury to the credit of the State Housing

  6  Trust Fund and shall be used as follows:

  7         (a)  Twelve and one-half percent of that amount shall

  8  be deposited into the State Housing Trust Fund and be expended

  9  by the Department of Community Affairs and by the Florida

10  Housing Finance Corporation for the purposes for which the

11  State Housing Trust Fund was created and exists by law.

12         (b)  Eighty-seven and one-half percent of that amount

13  shall be distributed to the Local Government Housing Trust

14  Fund and shall be used for the purposes for which the Local

15  Government Housing Trust Fund was created and exists by law.

16  Funds from this category may also be used to provide for state

17  and local services to assist the homeless.

18

19  Any increase in annual distributions in this subsection shall

20  be limited to the increase in the Consumer Price Index for the

21  previous calendar year for All Urban Consumers, U.S. City

22  Average, All Items, or successor reports as reported by the

23  United States Department of Labor, Bureau of Labor Statistics.

24  Any amount above such limitation shall be transferred by the

25  Department of Revenue to the General Revenue Fund, provided,

26  however, that the transfer shall not be made in any year in

27  which the annual distribution does not exceed the annual

28  distribution for each of the 2 prior years.

29         Section 13.  Effective July 1, 2002, subsection (4) is

30  added to section 607.1901, Florida Statutes, to read:

31

                                  21

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         607.1901  Corporations Trust Fund creation; transfer of

  2  funds.--

  3         (4)  In fiscal years in which the Legislature or the

  4  Governor and Cabinet, pursuant to s. 216.221, reduce the

  5  current year budget as a result of a projected deficit in

  6  General Revenue Fund receipts, the total transfers for the

  7  current year to trust funds of the Department of State

  8  pursuant to this section are hereby reduced in the same

  9  percentage that General Revenue Fund appropriations to the

10  agencies in the general government section of the General

11  Appropriations Act are reduced.

12         Section 14.  Effective July 1, 2002, paragraph (a) of

13  subsection (1) of section 252.373, Florida Statutes, is

14  amended to read:

15         252.373  Allocation of funds; rules.--

16         (1)(a)  Funds appropriated from the Emergency

17  Management, Preparedness, and Assistance Trust Fund shall be

18  allocated by the Department of Community Affairs as follows:

19         1.  Sixty percent to implement and administer state and

20  local emergency management programs, including training, of

21  which 20 percent shall be used by the division and 80 percent

22  shall be allocated to local emergency management agencies and

23  programs.  Of this 80 percent, at least 80 percent shall be

24  allocated to counties.

25         2.  Twenty percent to provide for state relief

26  assistance for nonfederally declared disasters, including but

27  not limited to grants and below-interest-rate loans to

28  businesses for uninsured losses resulting from a disaster.  If

29  any funds are unencumbered on May 1 of a fiscal year, the

30  department shall use such funds in that fiscal year for the

31

                                  22

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  state portion of the match requirements for federally approved

  2  Hazard Mitigation Grant Program projects.

  3         3.  Twenty percent for grants and loans to state or

  4  regional agencies, local governments, and private

  5  organizations to implement projects that will further state

  6  and local emergency management objectives.  These projects

  7  must include, but need not be limited to, projects that will

  8  promote public education on disaster preparedness and recovery

  9  issues, enhance coordination of relief efforts of statewide

10  private sector organizations, and improve the training and

11  operations capabilities of agencies assigned lead or support

12  responsibilities in the state comprehensive emergency

13  management plan, including the State Fire Marshal's Office for

14  coordinating the Florida fire services. The division shall

15  establish criteria and procedures for competitive allocation

16  of these funds by rule.  No more than 5 percent of any award

17  made pursuant to this subparagraph may be used for

18  administrative expenses. This competitive criteria must give

19  priority consideration to hurricane evacuation shelter

20  retrofit projects.

21         Section 15.  Effective July 1, 2002, paragraph (b) of

22  subsection (9) of section 320.08058, Florida Statutes, is

23  amended to read:

24         320.08058  Specialty license plates.--

25         (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--

26         (b)  The license plate annual use fees are to be

27  annually distributed as follows:

28         1.  Fifty-five percent of the proceeds from the Florida

29  Professional Sports Team plate must be deposited into the

30  Professional Sports Development Trust Fund within the Office

31  of Tourism, Trade, and Economic Development.  These funds must

                                  23

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1  be used solely to attract and support major and regional

  2  sports events and sports-related business expansions in this

  3  state.  As used in this subparagraph, the term "major sports

  4  events" means, but is not limited to, championship or all-star

  5  contests of Major League Baseball, the National Basketball

  6  Association, the National Football League, the National Hockey

  7  League, the men's and women's National Collegiate Athletic

  8  Association Final Four basketball championship, or a

  9  horseracing or dogracing Breeders' Cup.  Funding for

10  sports-related business expansion programs and initiatives

11  shall be limited to $300,000 per fiscal year. All funds must

12  be used to support and promote major and regional sports

13  sporting events and sports-related business expansions, and

14  the uses must be approved by the Florida Sports Foundation.

15         2.  The remaining proceeds of the Florida Professional

16  Sports Team license plate must be allocated to the Florida

17  Sports Foundation, a direct-support organization of the Office

18  of Tourism, Trade, and Economic Development.  These funds must

19  be deposited into the Professional Sports Development Trust

20  Fund within the Office of Tourism, Trade, and Economic

21  Development. These funds must be used by the Florida Sports

22  Foundation to promote the economic development of the sports

23  industry; to distribute licensing and royalty fees to

24  participating professional sports teams; to institute a grant

25  program for communities bidding on minor sports sporting

26  events that create an economic impact for the state; to

27  distribute funds to Florida-based charities designated by the

28  Florida Sports Foundation and the participating professional

29  sports teams; and to fulfill the sports promotion

30  responsibilities of the Office of Tourism, Trade, and Economic

31  Development.

                                  24

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         3.  The Florida Sports Foundation shall provide an

  2  annual financial audit in accordance with s. 215.981 of its

  3  financial accounts and records by an independent certified

  4  public accountant pursuant to the contract established by the

  5  Office of Tourism, Trade, and Economic Development as

  6  specified in s. 288.1229(5). The auditor shall submit the

  7  audit report to the Office of Tourism, Trade, and Economic

  8  Development for review and approval. If the audit report is

  9  approved, the office shall certify the audit report to the

10  Auditor General for review.

11         Section 16.  (1)  The Office of Tourism, Trade, and

12  Economic Development shall transfer the unexpended balance of

13  the Economic Development Transportation Trust Fund to the

14  Department of Transportation no later than July 30, 2002.  The

15  Department of Transportation shall establish transfer

16  authority to return such funds to the Office of Tourism,

17  Trade, and Economic Development.  The Department of

18  Transportation shall not return funds to the Office of

19  Tourism, Trade, and Economic Development until the Office of

20  Tourism, Trade, and Economic Development certifies that the

21  transfer of funds is required to fulfill project commitments.

22  The Department of Transportation may utilize any interest and

23  temporarily use any balance of such funds for ongoing

24  Department of Transportation expenditures until the transfer

25  of funds is necessary to the Office of Tourism, Trade, and

26  Economic Development.

27         (2)  This section shall take effect upon this act

28  becoming a law.

29         Section 17.  Effective July 1, 2002, subsection (11) is

30  added to section 288.063, Florida Statutes, to read:

31         288.063  Contracts for transportation projects.--

                                  25

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






    Florida House of Representatives - 2002                HB 1959

    187-959-02






  1         (11)  The Department of Transportation shall not

  2  transfer funds appropriated from the State Transportation

  3  Trust Fund to the Office of Tourism, Trade, and Economic

  4  Development until the Office of Tourism, Trade, and Economic

  5  Development certifies that the transfer of funds is required

  6  to fulfill project commitments.  The Department of

  7  Transportation may utilize any interest and temporarily use

  8  any balance of such funds for ongoing Department of

  9  Transportation expenditures until the transfer of funds is

10  necessary to the Office of Tourism, Trade, and Economic

11  Development.

12         Section 18.  Except as otherwise provided herein, this

13  act shall take effect July 1, 2003.

14

15            *****************************************

16                          HOUSE SUMMARY

17
      Terminates or exempts from termination specified trust
18    funds of state transportation and economic development
      agencies.  Provides for disposition of balances in and
19    revenues of the terminated trust funds.  Amends or
      repeals various provisions of law to conform.  Provides
20    for deposit, transfer, use, or reductions in or
      restrictions on transfers of certain other trust fund
21    moneys of state transportation and economic development
      agencies.  See bill for details.
22

23

24

25

26

27

28

29

30

31

                                  26

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