House Bill hb1961
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Florida House of Representatives - 2002 HB 1961
By the Fiscal Responsibility Council and Representative
Ball
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 criminal justice
5 agencies; providing for disposition of balances
6 in and revenues of the terminated trust funds;
7 amending s. 27.702, F.S., to delete reference
8 to the Capital Collateral Trust Fund; providing
9 for deposit of payments for representing
10 indigent persons into the General Revenue Fund
11 instead; amending s. 318.21, F.S.; increasing
12 the amount of certain civil penalties to be
13 paid into the County Article V Trust Fund;
14 decreasing the amount of such penalties to be
15 paid into the General Revenue Fund;
16 transferring moneys from the General Revenue
17 Fund to the County Article V Trust Fund in
18 fiscal year 2001-2002; amending s. 25.402,
19 F.S.; conforming references; abrogating the
20 scheduled repeal of provisions relating to
21 administration of the County Article V Trust
22 Fund; repealing ss. 25.402 and 34.201, F.S.,
23 relating to the County Article V Trust Fund,
24 effective on a future date; amending s. 318.21,
25 F.S.; revising provisions relating to
26 disposition of civil penalties imposed by
27 county courts, to conform; amending s. 25.384,
28 F.S., to delete provisions relating to the
29 Court Education Trust Fund; amending ss.
30 28.2401 and 28.241, F.S.; providing for deposit
31 of certain service and filing charges into the
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1 General Revenue Fund instead; repealing s.
2 25.388, F.S., relating to the Family Courts
3 Trust Fund; amending ss. 28.101 and 741.01,
4 F.S.; providing for deposit of certain charges
5 and fees into the General Revenue Fund instead;
6 repealing s. 860.158, F.S., relating to the
7 Florida Motor Vehicle Theft Prevention Trust
8 Fund; repealing s. 860.153(3), F.S., relating
9 to the definition of "trust fund" under the
10 Florida Motor Vehicle Theft Prevention Act, to
11 conform; amending ss. 320.08046 and 713.78,
12 F.S.; providing for deposit of certain
13 surcharges and fees into the General Revenue
14 Fund instead; amending s. 501.2101, F.S., to
15 delete provisions relating to the Consumer
16 Frauds Trust Fund; providing for deposit of
17 moneys received pursuant to regulation of
18 deceptive and unfair trade practices into the
19 General Revenue Fund instead; amending ss.
20 501.059, 501.143, and 501.2077, F.S., to
21 conform; amending s. 570.071, F.S.; providing
22 for deposit of certain donations for purposes
23 of the Florida Agricultural Exposition into the
24 General Revenue Fund; amending ss. 945.31 and
25 948.09, F.S., to delete reference to the
26 Operating Trust Fund of the Department of
27 Corrections; providing for deposit of certain
28 fees and surcharges into the General Revenue
29 Fund instead; repealing s. 943.362, F.S.,
30 relating to the Forfeiture and Investigative
31 Support Trust Fund; amending s. 932.7055, F.S.;
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1 providing for deposit of certain proceeds into
2 the General Revenue Fund instead; amending ss.
3 741.466, 790.065, 938.01, 938.25, 943.031,
4 943.0582, 943.0585, 943.059, and 943.25, F.S.,
5 to delete reference to the Operating Trust Fund
6 of the Department of Law Enforcement; providing
7 for deposit of various funds into the General
8 Revenue Fund or other disposition instead;
9 repealing s. 943.042, F.S., relating to the
10 Violent Crime Investigative Emergency and Drug
11 Control Strategy Implementation Account within
12 the Department of Law Enforcement Operating
13 Trust Fund, to conform; repealing ss. 30 and
14 32, ch. 2001-254, Laws of Florida, relating to
15 reversion of amendments to ss. 938.01(1) and
16 943.25(1), F.S., to conform; providing
17 requirements with respect to future
18 appropriations from specified terminated trust
19 funds and the General Revenue Fund; providing
20 effective dates.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. (1) The following trust funds administered
25 by the following agencies are terminated:
26 (a) Within the Justice Administrative Commission:
27 1. Effective July 1, 2002, the Capital Collateral
28 Trust Fund, FLAIR number 21-2-072.
29 2. Effective July 1, 2003, the Consumer Frauds Trust
30 Fund, FLAIR number 21-2-127.
31 (b) Within the state courts system:
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1 1. Effective July 1, 2004, the County Article V Trust
2 Fund, FLAIR number 22-2-055.
3 2. Effective July 1, 2002, the Court Education Trust
4 Fund, FLAIR number 22-2-146.
5 3. Effective July 1, 2002, the Family Courts Trust
6 Fund, FLAIR number 22-2-973.
7 (c) Within the Department of Legal Affairs:
8 1. Effective July 1, 2003, the Administrative Trust
9 Fund, FLAIR number 41-2-021.
10 2. Effective July 1, 2003, the Florida Motor Vehicle
11 Theft Prevention Trust Fund, FLAIR number 41-2-051.
12 3. Effective July 1, 2003, the Consumer Frauds Trust
13 Fund, FLAIR number 41-2-127.
14 (d) Within the Department of Corrections:
15 1. Effective July 1, 2002, the Florida Agricultural
16 Exposition Trust Fund, FLAIR number 70-2-298.
17 2. Effective July 1, 2003, the Operating Trust Fund,
18 FLAIR number 70-2-510.
19 (e) Within the Department of Law Enforcement:
20 1. Effective July 1, 2003, the Forfeiture and
21 Investigative Support Trust Fund, FLAIR number 71-2-316.
22 2. Effective July 1, 2003, the Operating Trust Fund,
23 FLAIR number 71-2-510.
24 (2) Unless otherwise provided, all current balances
25 remaining in, and all revenues of, the trust funds terminated
26 by this act shall be transferred to the General Revenue Fund.
27 (3) For each trust fund and fund account terminated by
28 this act, the agency that administers the trust fund or fund
29 account shall pay any outstanding debts or obligations of the
30 terminated fund or account as soon as practicable, and the
31 Comptroller shall close out and remove the terminated fund or
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1 account from the various state accounting systems using
2 generally accepted accounting principles concerning warrants
3 outstanding, assets, and liabilities.
4 (4) This section shall take effect upon this act
5 becoming a law.
6 Section 2. Effective upon this act becoming a law, the
7 Legislature finds that the Inmate Bank Trust Fund, which has
8 no FLAIR number and which is administered by the Department of
9 Corrections, is exempt from termination pursuant to Section
10 19(f), Article III of the State Constitution.
11 Section 3. Effective July 1, 2002, paragraph (a) of
12 subsection (3) of section 27.702, Florida Statutes, is amended
13 to read:
14 27.702 Duties of the capital collateral regional
15 counsel; reports.--
16 (3)(a) The capital collateral regional counsel shall
17 file motions seeking compensation for representation and
18 reimbursement for expenses pursuant to 18 U.S.C. s. 3006A when
19 providing representation to indigent persons in the federal
20 courts, and shall deposit all such payments received into the
21 General Revenue Fund Capital Collateral Trust Fund established
22 for such purpose.
23 Section 4. Effective upon this act becoming a law,
24 subsection (2) of section 318.21, Florida Statutes, as amended
25 by section 11 of chapter 2001-122, Laws of Florida, is amended
26 to read:
27 318.21 Disposition of civil penalties by county
28 courts.--All civil penalties received by a county court
29 pursuant to the provisions of this chapter shall be
30 distributed and paid monthly as follows:
31 (Substantial rewording of subsection. See
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1 s. 318.21(2), F.S., for present text.)
2 (2) Of the remainder:
3 (a) Twenty and six-tenths percent shall be paid to the
4 County Article V Trust Fund, except that the first $300,000
5 shall be deposited into the Grants and Donations Trust Fund in
6 the state courts system for administrative costs, training
7 costs, and costs associated with the implementation and
8 maintenance of Florida foster care citizen review panels as
9 provided for in s. 39.702.
10 (b) Seven and two-tenths percent shall be deposited in
11 the Emergency Medical Services Trust Fund for the purposes set
12 forth in s. 401.113.
13 (c) Five and one-tenth percent shall be deposited in
14 the Additional Court Cost Clearing Trust Fund established
15 pursuant to s. 938.01 for criminal justice purposes.
16 (d) Eight and two-tenths percent shall be deposited in
17 the Brain and Spinal Cord Injury Rehabilitation Trust Fund for
18 the purposes set forth in s. 381.79.
19 (e) Two percent shall be deposited in the endowment
20 fund of the Florida Endowment Foundation for Vocational
21 Rehabilitation established by s. 413.615.
22 (f) Five-tenths percent shall be paid to the clerk of
23 the court for administrative costs.
24 (g)1. If the violation occurred within a municipality
25 or a special improvement district of the Seminole Indian Tribe
26 or Miccosukee Indian Tribe, 56.4 percent shall be paid to that
27 municipality or special improvement district.
28 2. If the violation occurred within the unincorporated
29 area of a county that is not within a special improvement
30 district of the Seminole Indian Tribe or Miccosukee Indian
31 Tribe, 56.4 percent shall be paid to that county.
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1 Section 5. Effective upon this act becoming a law, an
2 amount equal to the amount of civil penalties paid into the
3 General Revenue Fund pursuant to section 318.21(2), Florida
4 Statutes, for the period beginning July 1, 2001, and ending on
5 the day before this act becomes a law is transferred to the
6 County Article V Trust Fund.
7 Section 6. Effective upon this act becoming a law,
8 paragraph (d) of subsection (1) of section 25.402, Florida
9 Statutes, as amended by section 1 of chapter 2001-378, Laws of
10 Florida, is amended to read:
11 25.402 County Article V Trust Fund.--
12 (1)
13 (d) Effective July 1, 2001, moneys generated from
14 civil penalties distributed under s. 318.21(2)(a)(h) and shall
15 be deposited in the trust fund and may be used for the
16 following purposes:
17 1. Funds paid to counties with populations fewer than
18 90,000 shall be grants-in-aid to be used, in priority order,
19 for: operating expenditures of the offices of the state
20 attorneys and public defenders as appropriated by the
21 Legislature in accordance with Specific Appropriation 2978B;
22 consulting or architectural studies related to the improvement
23 of courthouse facilities; improving court facilities to ensure
24 compliance with the Americans with Disabilities Act and other
25 federal or state requirements; other renovations in court
26 facilities; improvements in court security; and expert witness
27 fees in criminal cases, court reporting and transcribing costs
28 in criminal cases, and costs associated with the appointment
29 of special public defenders.
30 2. Funds paid to counties with populations exceeding
31 89,999 shall be grants-in-aid to be used, in priority order,
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1 for operating expenditures of the offices of the state
2 attorneys and public defenders as appropriated by the
3 Legislature in accordance with Specific Appropriation 2978B,
4 costs paid by the county for expert witness fees in criminal
5 cases, court reporting and transcribing costs in criminal
6 cases, and costs associated with the appointment of special
7 public defenders.
8 3. Funds may be appropriated for the operation of
9 trial courts.
10 Section 7. Effective June 30, 2002, section 25.402,
11 Florida Statutes, as amended by this act, is amended to read:
12 25.402 County Article V Trust Fund.--
13 (1)(a) The trust fund moneys in the County Article V
14 Trust Fund, administered by the Supreme Court, may be used to
15 compensate counties for the costs they incur under Article V
16 of the State Constitution in operating the state courts
17 system, including the costs they incur in providing and
18 maintaining court facilities.
19 (2)(b) When the Legislature appropriates moneys from
20 the trust fund to compensate counties, the Supreme Court must
21 adopt an allocation and disbursement plan for the operation of
22 the trust fund and the expenditure of moneys deposited in the
23 trust fund. The Supreme Court shall include the plan in its
24 legislative budget request. A committee of 15 people shall
25 develop and recommend the allocation and disbursement plan to
26 the Supreme Court. The committee shall be composed of:
27 (a)1. Six persons appointed by the Florida Association
28 of Counties, as follows:
29 1.a. Two persons residing in counties with populations
30 fewer than 90,000.
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1 2.b. Two persons residing in counties with populations
2 greater than 89,999, but fewer than 700,000.
3 3.c. Two persons residing in counties with populations
4 greater than 699,999.
5 (b)2. Six persons appointed by the Chief Justice of
6 the Supreme Court, as follows:
7 1.a. Two persons residing in counties with populations
8 fewer than 90,000.
9 2.b. Two persons residing in counties with populations
10 greater than 89,999, but fewer than 700,000.
11 3.c. Two persons residing in counties with populations
12 greater than 699,999.
13 (c)3. Three persons appointed by the Florida
14 Association of Court Clerks and Comptrollers, as follows:
15 1.a. One person residing in a county with a population
16 fewer than 90,000.
17 2.b. One person residing in a county with a population
18 greater than 89,999, but fewer than 700,000.
19 3.c. One person residing in a county with a population
20 greater than 699,999.
21
22 The allocation and disbursement plan shall include provisions
23 to compensate counties with fewer than 90,000 residents for
24 court facility needs.
25 (3)(c) Amendments to the approved operating budget for
26 expenditures from the County Article V Trust Fund must be
27 approved in accordance with the provisions of s. 216.181. The
28 total amount disbursed from the County Article V Trust Fund
29 may not exceed the amount authorized by the General
30 Appropriations Act.
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1 (4)(d) Effective July 1, 2001, Moneys generated from
2 civil penalties distributed under s. 318.21(2)(a) and
3 deposited in the trust fund may be used for the following
4 purposes:
5 (a)1. Funds paid to counties with populations fewer
6 than 90,000 shall be grants-in-aid to be used, in priority
7 order, for: operating expenditures of the offices of the state
8 attorneys and public defenders as appropriated by the
9 Legislature; consulting or architectural studies related to
10 the improvement of courthouse facilities; improving court
11 facilities to ensure compliance with the Americans with
12 Disabilities Act and other federal or state requirements;
13 other renovations in court facilities; improvements in court
14 security; and expert witness fees in criminal cases, court
15 reporting and transcribing costs in criminal cases, and costs
16 associated with the appointment of special public defenders.
17 (b)2. Funds paid to counties with populations
18 exceeding 89,999 shall be grants-in-aid to be used, in
19 priority order, for operating expenditures of the offices of
20 the state attorneys and public defenders as appropriated by
21 the Legislature, costs paid by the county for expert witness
22 fees in criminal cases, court reporting and transcribing costs
23 in criminal cases, and costs associated with the appointment
24 of special public defenders.
25 (c)3. Funds may be appropriated for the operation of
26 trial courts.
27 (2) This section expires June 30, 2002.
28 Section 8. Effective July 1, 2004, sections 25.402 and
29 34.201, Florida Statutes, are repealed.
30 Section 9. Effective July 1, 2004, paragraph (a) of
31 subsection (2) of section 318.21, Florida Statutes, as amended
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1 by section 12 of chapter 2001-122, Laws of Florida, and by
2 this act, is amended to read:
3 318.21 Disposition of civil penalties by county
4 courts.--All civil penalties received by a county court
5 pursuant to the provisions of this chapter shall be
6 distributed and paid monthly as follows:
7 (2) Of the remainder:
8 (Substantial rewording of paragraph. See
9 s. 318.21(2)(a), F.S., for present text.)
10 (a) Twenty and six-tenths percent shall be remitted to
11 the Department of Revenue for deposit into the General Revenue
12 Fund of the state, except that the first $300,000 shall be
13 deposited into the Grants and Donations Trust Fund in the
14 state courts system for administrative costs, training costs,
15 and costs associated with the implementation and maintenance
16 of Florida foster care citizen review panels as provided for
17 in s. 39.702.
18 Section 10. Effective July 1, 2002, section 25.384,
19 Florida Statutes, is amended to read:
20 25.384 Court education annual report Trust Fund.--
21 (1) There is created a Court Education Trust Fund to
22 be administered by the Supreme Court through the Florida Court
23 Educational Council.
24 (2)(a) The trust fund moneys shall be used to provide
25 judicial education for judges, the State Courts Administrator
26 and his or her staff, trial court administrators, and
27 appellate court law clerks. In addition, funds may be used
28 for the development and implementation of an educational
29 program for the clerks of court as set forth in s. 145.051(2).
30 (b) The Supreme Court, through its Florida Court
31 Educational Council, shall adopt a comprehensive plan for the
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1 operation of the trust fund and the expenditure of the moneys
2 deposited in the trust fund. The plan shall provide for
3 travel, per diem, tuition, educational materials, and other
4 related costs incurred for educational programs, in and out of
5 state, which will be of benefit to the judiciary of the state.
6 (3) The trust fund shall be funded with moneys
7 generated from fees assessed pursuant to ss. 28.241(1) and
8 28.2401(3).
9 (4) The Supreme Court, through the Florida Court
10 Educational Council, shall submit a report each year, on
11 October 1, to the President of the Senate and the Speaker of
12 the House of Representatives, which report shall include the
13 total number of judges and other court personnel attending
14 each training or educational program, the educational program
15 attended and the location of the program, and the costs
16 incurred. In addition, the report shall identify the judges
17 and other court personnel attending out-of-state programs and
18 the costs associated with such programs. The report shall
19 also show the total dollars deposited in the fund for the
20 fiscal year and the balance at the end of the fiscal year.
21 Section 11. Effective July 1, 2002, subsection (3) of
22 section 28.2401, Florida Statutes, as amended by section 5 of
23 chapter 2001-122, Laws of Florida, is amended to read:
24 28.2401 Service charges in probate matters.--
25 (3) Service charges in excess of those fixed in this
26 section may be imposed by the governing authority of the
27 county by ordinance, or by special or local law, to provide
28 and maintain facilities, including a law library; to provide
29 and maintain equipment; or to provide or maintain a legal aid
30 program. Service charges other than those fixed in this
31 section shall be governed by s. 28.24. An additional service
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1 charge of $2.50 on petitions seeking summary administration,
2 family administration, formal administration, ancillary
3 administration, guardianship, curatorship, and conservatorship
4 shall be paid to the clerk. The clerk shall transfer the $2.50
5 to the Department of Revenue for deposit into the General
6 Revenue Court Education Trust Fund.
7 Section 12. Effective July 1, 2002, subsection (1) of
8 section 28.241, Florida Statutes, as amended by section 6 of
9 chapter 2001-122, Laws of Florida, is amended to read:
10 28.241 Filing charges for trial and appellate
11 proceedings.--
12 (1) The party instituting any civil action, suit, or
13 proceeding in the circuit court shall pay to the clerk of that
14 court a service charge of $40 in all cases in which there are
15 not more than five defendants and an additional service charge
16 of $2 for each defendant in excess of five. An additional
17 service charge of $10 shall be paid by the party seeking each
18 severance that is granted. An additional service charge of $35
19 shall be paid to the clerk for all proceedings of garnishment,
20 attachment, replevin, and distress. An additional service
21 charge of $8 shall be paid to the clerk for each civil action
22 filed, $7 of such charge to be remitted by the clerk to the
23 Department of Revenue for deposit into the General Revenue
24 Fund unallocated. An additional charge of $2.50 shall be paid
25 to the clerk for each civil action brought in circuit or
26 county court, to be remitted by the clerk to the Department of
27 Revenue for deposit into the General Revenue Court Education
28 Trust Fund. Service charges in excess of those herein fixed
29 may be imposed by the governing authority of the county by
30 ordinance or by special or local law; and such excess shall be
31 expended as provided by such ordinance or any special or local
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1 law, now or hereafter in force, to provide and maintain
2 facilities, including a law library, for the use of the courts
3 of the county wherein the service charges are collected; to
4 provide and maintain equipment; or for a legal aid program in
5 such county. In addition, the county is authorized to impose,
6 by ordinance or by special or local law, a fee of up to $15
7 for each civil action filed, for the establishment,
8 maintenance, or supplementation of a public guardian pursuant
9 to ss. 744.701-744.708, inclusive. Postal charges incurred by
10 the clerk of the circuit court in making service by certified
11 or registered mail on defendants or other parties shall be
12 paid by the party at whose instance service is made. That part
13 of the within fixed or allowable service charges which is not
14 by local or special law applied to the special purposes shall
15 constitute the total service charges of the clerk of such
16 court for all services performed by him or her in civil
17 actions, suits, or proceedings. The sum of all service
18 charges and fees permitted under this subsection may not
19 exceed $200; however, the $200 cap may be increased to $210 in
20 order to provide for the establishment, maintenance, or
21 supplementation of a public guardian as indicated in this
22 subsection.
23 Section 13. Effective July 1, 2002, section 25.388,
24 Florida Statutes, is repealed.
25 Section 14. Effective July 1, 2002, paragraph (d) of
26 subsection (1) of section 28.101, Florida Statutes, as amended
27 by section 4 of chapter 2001-122, Laws of Florida, is amended
28 to read:
29 28.101 Petitions and records of dissolution of
30 marriage; additional charges.--
31
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1 (1) When a party petitions for a dissolution of
2 marriage, in addition to the filing charges in s. 28.241, the
3 clerk shall collect and receive:
4 (d) A charge of $32.50. On a monthly basis, the clerk
5 shall transfer the moneys collected pursuant to this paragraph
6 as follows:
7 1. An amount of $7.50 to the Department of Revenue for
8 deposit in the Displaced Homemaker Trust Fund.
9 2. An amount of $25 to the Department of Revenue for
10 deposit in the General Revenue Family Courts Trust Fund.
11 Section 15. Effective July 1, 2002, subsections (4)
12 and (5) of section 741.01, Florida Statutes, as amended by
13 section 17 of chapter 2001-122, Laws of Florida, are amended
14 to read:
15 741.01 County court judge or clerk of the circuit
16 court to issue marriage license; fee.--
17 (4) An additional fee of $25 shall be paid to the
18 clerk upon receipt of the application for issuance of a
19 marriage license. The moneys collected shall be remitted by
20 the clerk to the Department of Revenue, monthly, for deposit
21 in the General Revenue Family Courts Trust Fund.
22 (5) The fee charged for each marriage license issued
23 in the state shall be reduced by a sum of $32.50 for all
24 couples who present valid certificates of completion of a
25 premarital preparation course from a qualified course provider
26 registered under s. 741.0305(5) for a course taken no more
27 than 1 year prior to the date of application for a marriage
28 license. For each license issued that is subject to the fee
29 reduction of this subsection, the clerk is not required to
30 transfer the sum of $7.50 to the Department of Revenue for
31 deposit in the Displaced Homemaker Trust Fund pursuant to
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1 subsection (3) or to transfer the sum of $25 to the Department
2 of Revenue for deposit in the General Revenue Family Courts
3 Trust Fund.
4 Section 16. Section 860.158 and subsection (3) of
5 section 860.153, Florida Statutes, are repealed.
6 Section 17. Section 320.08046, Florida Statutes, is
7 amended to read:
8 320.08046 Surcharge on license tax; General Revenue
9 Fund.--There is levied on each license tax imposed under s.
10 320.08, except those set forth in s. 320.08(11), a surcharge
11 in the amount of $1, which shall be collected in the same
12 manner as the license tax. Of the proceeds of the license tax
13 surcharge, 40 percent shall be deposited into the General
14 Revenue Fund, 42 percent shall be deposited into the Grants
15 and Donations Trust Fund in the Department of Juvenile Justice
16 to fund the community juvenile justice partnership grants
17 program, and 18 percent shall be deposited into the General
18 Revenue Fund Florida Motor Vehicle Theft Prevention Trust Fund
19 to fund motor vehicle theft prevention programs pursuant to s.
20 860.158.
21 Section 18. Paragraph (e) of subsection (13) of
22 section 713.78, Florida Statutes, is amended to read:
23 713.78 Liens for recovering, towing, or storing
24 vehicles and vessels.--
25 (13)
26 (e) When a wrecker operator files a notice of wrecker
27 operator's lien under this subsection, the department shall
28 charge the wrecker operator a fee of $2, which shall be
29 deposited into the General Revenue Fund Florida Motor Vehicle
30 Theft Prevention Trust Fund established under s. 860.158. A
31 service charge of $2.50 shall be collected and retained by the
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1 tax collector who processes a notice of wrecker operator's
2 lien.
3 Section 19. Section 501.2101, Florida Statutes, is
4 amended to read:
5 501.2101 Enforcing authorities; moneys received in
6 certain proceedings; Consumer Frauds Trust Fund.--
7 (1) Any moneys received by an enforcing authority for
8 attorney's fees and costs of investigation or litigation in
9 proceedings brought under the provisions of s. 501.207, s.
10 501.208, or s. 501.211 shall be deposited as received in the
11 General Revenue Fund Consumer Frauds Trust Fund or the Legal
12 Affairs Revolving Trust Fund in the State Treasury.
13 (2) There is created in the State Treasury a trust
14 fund to be known as the Consumer Frauds Trust Fund. Money
15 deposited therein shall be disbursed to the enforcing
16 authority responsible for its collection for the funding of
17 activities conducted by enforcing authorities pursuant to ss.
18 501.201-501.213, inclusive.
19 (2)(3) Any moneys received by an enforcing authority
20 and neither received for attorney's fees and costs of
21 investigation or litigation nor used to reimburse consumers
22 found under this law to be damaged shall accrue to the state
23 and be deposited as received in the General Revenue Fund
24 unallocated.
25 Section 20. Subsection (8) of section 501.059, Florida
26 Statutes, is amended to read:
27 501.059 Telephone solicitation.--
28 (8) The department shall investigate any complaints
29 received concerning violations of this section. If, after
30 investigating any complaint, the department finds that there
31 has been a violation of this section, the department or the
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1 Department of Legal Affairs may bring an action to impose a
2 civil penalty and to seek other relief, including injunctive
3 relief, as the court deems appropriate against the telephone
4 solicitor. The civil penalty shall not exceed $10,000 per
5 violation and shall be deposited in the General Inspection
6 Trust Fund if the action or proceeding was brought by the
7 department, or the General Revenue Consumer Frauds Trust Fund
8 if the action or proceeding was brought by the Department of
9 Legal Affairs. This civil penalty may be recovered in any
10 action brought under this part by the department, or the
11 department may terminate any investigation or action upon
12 agreement by the person to pay a stipulated civil penalty.
13 The department or the court may waive any civil penalty if the
14 person has previously made full restitution or reimbursement
15 or has paid actual damages to the consumers who have been
16 injured by the violation.
17 Section 21. Subsection (9) of section 501.143, Florida
18 Statutes, is amended to read:
19 501.143 Dance Studio Act.--
20 (9) GENERAL INSPECTION TRUST FUND; PAYMENTS.--Any
21 moneys recovered by the enforcing authority as a penalty under
22 this section shall be deposited in the General Inspection
23 Trust Fund if the action or proceeding was brought by the
24 department, or the General Revenue Consumer Frauds Trust Fund
25 if the action or proceeding was brought by the Department of
26 Legal Affairs.
27 Section 22. Subsection (4) of section 501.2077,
28 Florida Statutes, is amended to read:
29 501.2077 Violations involving senior citizen or
30 handicapped person; civil penalties; presumption.--
31
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1 (4) Civil penalties collected pursuant to this section
2 shall be deposited into the General Revenue Fund Department of
3 Legal Affairs Consumer Frauds Trust Fund and allocated solely
4 to the Department of Legal Affairs for the purpose of
5 preparing and distributing consumer education materials,
6 programs, and seminars to benefit senior citizens and
7 handicapped persons or to further enforcement efforts.
8 Section 23. Effective July 1, 2002, subsection (2) of
9 section 570.071, Florida Statutes, is amended to read:
10 570.071 Florida Agricultural Exposition;
11 responsibility of Departments of Agriculture and Consumer
12 Services and Corrections.--
13 (2) To accomplish the purpose of this section, the
14 Department of Agriculture and Consumer Services and Department
15 of Corrections are authorized to receive donations of funds
16 from growers and dealers of agricultural products and their
17 groups and associations, manufacturers and dealers of
18 agriculture business products and their groups and
19 associations thereof, the Federal Government, and other
20 sources. The funds received by the Department of Agriculture
21 and Consumer Services shall be deposited in the State Treasury
22 in a separate trust, and the funds received by the Department
23 of Corrections shall be deposited in the General Revenue Fund.
24 Section 24. Section 945.31, Florida Statutes, is
25 amended to read:
26 945.31 Restitution and other payments.--The department
27 may establish bank accounts outside the State Treasury for the
28 purpose of collecting and disbursing restitution and other
29 court-ordered payments from persons in its custody or under
30 its supervision, and may collect an administrative processing
31 fee in an amount equal to 4 percent of the gross amounts of
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1 such payments. Such administrative processing fee shall be
2 deposited in the General Revenue Fund department's Operating
3 Trust Fund and shall be used to offset the cost of the
4 department's services.
5 Section 25. Subsection (2) of section 948.09, Florida
6 Statutes, is amended to read:
7 948.09 Payment for cost of supervision and
8 rehabilitation.--
9 (2) Any person being electronically monitored by the
10 department as a result of placement on community control shall
11 be required to pay as a surcharge an amount that may not
12 exceed the full cost of the monitoring service in addition to
13 the cost of supervision fee as directed by the sentencing
14 court. The surcharge shall be deposited in the General Revenue
15 Fund Operating Trust Fund to be used by the department for
16 purchasing and maintaining electronic monitoring devices.
17 Section 26. Section 943.362, Florida Statutes, is
18 repealed.
19 Section 27. Paragraph (a) of subsection (5) of section
20 932.7055, Florida Statutes, is amended to read:
21 932.7055 Disposition of liens and forfeited
22 property.--
23 (5) If the seizing agency is a state agency, all
24 remaining proceeds shall be deposited into the General Revenue
25 Fund. However, if the seizing agency is:
26 (a) The Department of Law Enforcement, the proceeds
27 accrued pursuant to the provisions of the Florida Contraband
28 Forfeiture Act shall be deposited into the General Revenue
29 Fund Forfeiture and Investigative Support Trust Fund as
30 provided in s. 943.362 or into the department's Federal Law
31
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1 Enforcement Trust Fund as provided in s. 943.365, as
2 applicable.
3 Section 28. Subsection (2) of section 741.466, Florida
4 Statutes, is amended to read:
5 741.466 Prevention of Domestic and Sexual Violence
6 Program.--
7 (2) From the funds appropriated to deposited into the
8 Department of Law Enforcement for such purpose Operating Trust
9 Fund pursuant to s. 938.01(1)(a)1. and 2., the Department of
10 Law Enforcement shall transfer funds to the Department of
11 Children and Family Services to be used as matching funds for
12 the administration of the Prevention of Domestic and Sexual
13 Violence Program transferred from the Department of Community
14 Affairs. The amount of the transfer for fiscal year 2001-2002
15 shall be determined by the Governor's Office of Planning and
16 Budgeting in consultation with the Department of Community
17 Affairs, the Department of Law Enforcement, and the Department
18 of Children and Family Services and shall be based on the
19 historic use of these funds and current needs of the
20 Prevention of Domestic and Sexual Violence Program. In
21 subsequent years, the transfer of funds shall be based on the
22 amount appropriated.
23 Section 29. Paragraph (b) of subsection (1) of section
24 790.065, Florida Statutes, is amended to read:
25 790.065 Sale and delivery of firearms.--
26 (1) A licensed importer, licensed manufacturer, or
27 licensed dealer may not sell or deliver from her or his
28 inventory at her or his licensed premises any firearm to
29 another person, other than a licensed importer, licensed
30 manufacturer, licensed dealer, or licensed collector, until
31 she or he has:
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1 (b) Collected a fee from the potential buyer for
2 processing the criminal history check of the potential buyer.
3 The fee shall be established by the Department of Law
4 Enforcement and may not exceed $8 per transaction. The
5 Department of Law Enforcement may reduce, or suspend
6 collection of, the fee to reflect payment received from the
7 Federal Government applied to the cost of maintaining the
8 criminal history check system established by this section as a
9 means of facilitating or supplementing the National Instant
10 Criminal Background Check System. The Department of Law
11 Enforcement shall, by rule, establish procedures for the fees
12 to be transmitted by the licensee to the Department of Law
13 Enforcement. All such fees shall be deposited into the General
14 Revenue Fund Department of Law Enforcement Operating Trust
15 Fund, but shall be segregated from all other funds deposited
16 into such trust fund and must be accounted for separately.
17 Such segregated funds must not be used for any purpose other
18 than the operation of the criminal history checks required by
19 this section. The Department of Law Enforcement, each year
20 prior to February 1, shall make a full accounting of all
21 receipts and expenditures of such funds to the President of
22 the Senate, the Speaker of the House of Representatives, the
23 majority and minority leaders of each house of the
24 Legislature, and the chairs of the appropriations committees
25 of each house of the Legislature. In the event that the
26 cumulative amount of funds collected exceeds the cumulative
27 amount of expenditures by more than $2.5 million, excess funds
28 may be used for the purpose of purchasing soft body armor for
29 law enforcement officers.
30
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1 However, if the person purchasing, or receiving delivery of,
2 the firearm is a holder of a valid concealed weapons or
3 firearms license pursuant to the provisions of s. 790.06 or
4 holds an active certification from the Criminal Justice
5 Standards and Training Commission as a "law enforcement
6 officer," a "correctional officer," or a "correctional
7 probation officer" as defined in s. 943.10(1), (2), (3), (6),
8 (7), (8), or (9), the provisions of this subsection do not
9 apply.
10 Section 30. Subsection (1) of section 938.01, Florida
11 Statutes, as amended by section 19 of chapter 2001-122,
12 section 1 of 2001-184, section 3 of 2001-232, and section 29
13 of 2001-254, Laws of Florida, is amended to read:
14 938.01 Additional Court Cost Clearing Trust Fund.--
15 (1) All courts created by Art. V of the State
16 Constitution shall, in addition to any fine or other penalty,
17 assess $3 as a court cost against every person convicted for
18 violation of a state penal or criminal statute or convicted
19 for violation of a municipal or county ordinance. Any person
20 whose adjudication is withheld pursuant to the provisions of
21 s. 318.14(9) or (10) shall also be assessed such cost. In
22 addition, $3 from every bond estreature or forfeited bail bond
23 related to such penal statutes or penal ordinances shall be
24 remitted to the Department of Revenue as described in this
25 subsection. However, no such assessment may be made against
26 any person convicted for violation of any state statute,
27 municipal ordinance, or county ordinance relating to the
28 parking of vehicles.
29 (a) All such costs collected by the courts shall be
30 remitted to the Department of Revenue, in accordance with
31 administrative rules adopted by the executive director of the
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1 Department of Revenue, for deposit in the Additional Court
2 Cost Clearing Trust Fund and shall be earmarked to the
3 Department of Law Enforcement for distribution as follows:
4 1. Two dollars and seventy-five cents of each $3
5 assessment shall be deposited in the Criminal Justice
6 Standards and Training Trust Fund, and the remaining 25 cents
7 of each such assessment shall be deposited into the General
8 Revenue Fund Department of Law Enforcement Operating Trust
9 Fund and shall be disbursed to the Department of Law
10 Enforcement.
11 2. Ninety-two percent of the money distributed to the
12 Additional Court Cost Clearing Trust Fund pursuant to s.
13 318.21 shall be earmarked to the Department of Law Enforcement
14 for deposit in the Criminal Justice Standards and Training
15 Trust Fund, and 8 percent of such money shall be deposited
16 into the General Revenue Fund Department of Law Enforcement
17 Operating Trust Fund and shall be disbursed to the Department
18 of Law Enforcement.
19 (b) The funds deposited in the Criminal Justice
20 Standards and Training Trust Fund and the Department of Law
21 Enforcement Operating Trust Fund may be invested. Any interest
22 earned from investing such funds and any unencumbered funds
23 remaining at the end of the budget cycle shall remain in the
24 respective trust fund until the following year.
25 (b)(c) All funds in the Criminal Justice Standards and
26 Training Trust Fund earmarked to the Department of Law
27 Enforcement shall be disbursed only in compliance with s.
28 943.25(9).
29 Section 31. Effective upon this act becoming a law,
30 section 30 of chapter 2001-254, Laws of Florida, is repealed.
31
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1 Section 32. Section 938.25, Florida Statutes, as
2 amended by section 24 of chapter 2001-122, Laws of Florida, is
3 amended to read:
4 938.25 Additional court assessment Operating Trust
5 Fund of the Department of Law Enforcement.--Notwithstanding
6 any provision to the contrary of the laws of this state, the
7 court may assess any defendant who pleads guilty or nolo
8 contendere to, or is convicted of, a violation of any
9 provision of s. 893.13, without regard to whether adjudication
10 was withheld, in addition to any fine and other penalty
11 provided or authorized by law, an amount of $100, to be paid
12 to the clerk of the court, who shall forward it to the
13 Department of Revenue for deposit in the General Revenue Fund
14 Operating Trust Fund of the Department of Law Enforcement to
15 be used by the statewide criminal analysis laboratory system
16 for the purposes specified in s. 943.361. The court is
17 authorized to order a defendant to pay an additional
18 assessment if it finds that the defendant has the ability to
19 pay the fine and the additional assessment and will not be
20 prevented thereby from being rehabilitated or from making
21 restitution.
22 Section 33. Paragraph (d) of subsection (2) and
23 paragraph (b) of subsection (4) of section 943.031, Florida
24 Statutes, are amended to read:
25 943.031 Florida Violent Crime and Drug Control
26 Council.--The Legislature finds that there is a need to
27 develop and implement a statewide strategy to address violent
28 criminal activity and drug control efforts by state and local
29 law enforcement agencies, including investigations of illicit
30 money laundering. In recognition of this need, the Florida
31 Violent Crime and Drug Control Council is created within the
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1 department. The council shall serve in an advisory capacity to
2 the department.
3 (2) TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION;
4 STAFF.--
5 (d) Members of the council or their designates shall
6 serve without compensation but are entitled to reimbursement
7 for per diem and travel expenses pursuant to s. 112.061.
8 Reimbursements made pursuant to this paragraph may be paid
9 from either the Violent Crime Investigative Emergency and Drug
10 Control Strategy Implementation Account within the Department
11 of Law Enforcement Operating Trust Fund or from other
12 appropriations provided to the department by the Legislature
13 in the General Appropriations Act.
14 (4) DUTIES OF COUNCIL.--The council shall provide
15 advice and make recommendations, as necessary, to the
16 executive director of the department.
17 (b) The council shall:
18 1. Receive periodic reports from regional violent
19 crime investigation and statewide drug control strategy
20 implementation coordinating teams which relate to violent
21 crime trends or the investigative needs or successes in the
22 regions, factors, and trends relevant to the implementation of
23 the statewide drug strategy, and the results of drug control
24 and illicit money laundering investigative efforts funded in
25 part by the council.
26 2. Maintain and utilize criteria for the disbursement
27 of funds from the Violent Crime Investigative Emergency and
28 Drug Control Strategy Implementation Account within the
29 Department of Law Enforcement Operating Trust Fund or other
30 appropriations provided to the Department of Law Enforcement
31 by the Legislature in the General Appropriations Act. The
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1 criteria shall allow for the advancement of funds as approved
2 by the council.
3 3. Review and approve all requests for disbursement of
4 funds from the Violent Crime Investigative Emergency and Drug
5 Control Strategy Implementation Account within the Department
6 of Law Enforcement Operating Trust Fund and from other
7 appropriations provided to the department by the Legislature
8 in the General Appropriations Act. An expedited approval
9 procedure shall be established for rapid disbursement of funds
10 in violent crime emergency situations.
11 Section 34. Section 943.042, Florida Statutes, is
12 repealed.
13 Section 35. Subsection (4) of section 943.0582,
14 Florida Statutes, is amended to read:
15 943.0582 Prearrest, postarrest, or teen court
16 diversion program expunction.--
17 (4) The department shall is authorized to charge a $75
18 processing fee for each request received for prearrest or
19 postarrest diversion program expunction, for placement in the
20 General Revenue Fund Department of Law Enforcement Operating
21 Trust Fund, unless such fee is waived by the executive
22 director.
23 Section 36. Paragraph (b) of subsection (2) of section
24 943.0585, Florida Statutes, is amended to read:
25 943.0585 Court-ordered expunction of criminal history
26 records.--The courts of this state have jurisdiction over
27 their own procedures, including the maintenance, expunction,
28 and correction of judicial records containing criminal history
29 information to the extent such procedures are not inconsistent
30 with the conditions, responsibilities, and duties established
31 by this section. Any court of competent jurisdiction may order
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1 a criminal justice agency to expunge the criminal history
2 record of a minor or an adult who complies with the
3 requirements of this section. The court shall not order a
4 criminal justice agency to expunge a criminal history record
5 until the person seeking to expunge a criminal history record
6 has applied for and received a certificate of eligibility for
7 expunction pursuant to subsection (2). A criminal history
8 record that relates to a violation of s. 787.025, chapter 794,
9 s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
10 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
11 893.135, or a violation enumerated in s. 907.041 may not be
12 expunged, without regard to whether adjudication was withheld,
13 if the defendant was found guilty of or pled guilty or nolo
14 contendere to the offense, or if the defendant, as a minor,
15 was found to have committed, or pled guilty or nolo contendere
16 to committing, the offense as a delinquent act. The court may
17 only order expunction of a criminal history record pertaining
18 to one arrest or one incident of alleged criminal activity,
19 except as provided in this section. The court may, at its sole
20 discretion, order the expunction of a criminal history record
21 pertaining to more than one arrest if the additional arrests
22 directly relate to the original arrest. If the court intends
23 to order the expunction of records pertaining to such
24 additional arrests, such intent must be specified in the
25 order. A criminal justice agency may not expunge any record
26 pertaining to such additional arrests if the order to expunge
27 does not articulate the intention of the court to expunge a
28 record pertaining to more than one arrest. This section does
29 not prevent the court from ordering the expunction of only a
30 portion of a criminal history record pertaining to one arrest
31 or one incident of alleged criminal activity. Notwithstanding
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1 any law to the contrary, a criminal justice agency may comply
2 with laws, court orders, and official requests of other
3 jurisdictions relating to expunction, correction, or
4 confidential handling of criminal history records or
5 information derived therefrom. This section does not confer
6 any right to the expunction of any criminal history record,
7 and any request for expunction of a criminal history record
8 may be denied at the sole discretion of the court.
9 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior
10 to petitioning the court to expunge a criminal history record,
11 a person seeking to expunge a criminal history record shall
12 apply to the department for a certificate of eligibility for
13 expunction. The department shall, by rule adopted pursuant to
14 chapter 120, establish procedures pertaining to the
15 application for and issuance of certificates of eligibility
16 for expunction. The department shall issue a certificate of
17 eligibility for expunction to a person who is the subject of a
18 criminal history record if that person:
19 (b) Remits a $75 processing fee to the department for
20 placement in the General Revenue Fund Department of Law
21 Enforcement Operating Trust Fund, unless such fee is waived by
22 the executive director.
23 Section 37. Paragraph (b) of subsection (2) of section
24 943.059, Florida Statutes, is amended to read:
25 943.059 Court-ordered sealing of criminal history
26 records.--The courts of this state shall continue to have
27 jurisdiction over their own procedures, including the
28 maintenance, sealing, and correction of judicial records
29 containing criminal history information to the extent such
30 procedures are not inconsistent with the conditions,
31 responsibilities, and duties established by this section. Any
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1 court of competent jurisdiction may order a criminal justice
2 agency to seal the criminal history record of a minor or an
3 adult who complies with the requirements of this section. The
4 court shall not order a criminal justice agency to seal a
5 criminal history record until the person seeking to seal a
6 criminal history record has applied for and received a
7 certificate of eligibility for sealing pursuant to subsection
8 (2). A criminal history record that relates to a violation of
9 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
10 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
11 s. 847.0145, s. 893.135, or a violation enumerated in s.
12 907.041 may not be sealed, without regard to whether
13 adjudication was withheld, if the defendant was found guilty
14 of or pled guilty or nolo contendere to the offense, or if the
15 defendant, as a minor, was found to have committed or pled
16 guilty or nolo contendere to committing the offense as a
17 delinquent act. The court may only order sealing of a criminal
18 history record pertaining to one arrest or one incident of
19 alleged criminal activity, except as provided in this section.
20 The court may, at its sole discretion, order the sealing of a
21 criminal history record pertaining to more than one arrest if
22 the additional arrests directly relate to the original arrest.
23 If the court intends to order the sealing of records
24 pertaining to such additional arrests, such intent must be
25 specified in the order. A criminal justice agency may not seal
26 any record pertaining to such additional arrests if the order
27 to seal does not articulate the intention of the court to seal
28 records pertaining to more than one arrest. This section does
29 not prevent the court from ordering the sealing of only a
30 portion of a criminal history record pertaining to one arrest
31 or one incident of alleged criminal activity. Notwithstanding
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1 any law to the contrary, a criminal justice agency may comply
2 with laws, court orders, and official requests of other
3 jurisdictions relating to sealing, correction, or confidential
4 handling of criminal history records or information derived
5 therefrom. This section does not confer any right to the
6 sealing of any criminal history record, and any request for
7 sealing a criminal history record may be denied at the sole
8 discretion of the court.
9 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
10 petitioning the court to seal a criminal history record, a
11 person seeking to seal a criminal history record shall apply
12 to the department for a certificate of eligibility for
13 sealing. The department shall, by rule adopted pursuant to
14 chapter 120, establish procedures pertaining to the
15 application for and issuance of certificates of eligibility
16 for sealing. The department shall issue a certificate of
17 eligibility for sealing to a person who is the subject of a
18 criminal history record provided that such person:
19 (b) Remits a $75 processing fee to the department for
20 placement in the General Revenue Fund Department of Law
21 Enforcement Operating Trust Fund, unless such fee is waived by
22 the executive director.
23 Section 38. Subsection (1) of section 943.25, Florida
24 Statutes, as amended by section 2 of chapter 2001-184, section
25 4 of chapter 2001-232, and section 31 of chapter 2001-254,
26 Laws of Florida, is amended to read:
27 943.25 Criminal justice trust funds; source of funds;
28 use of funds.--
29 (1) The Department of Law Enforcement may approve, for
30 disbursement from the Department of Law Enforcement Operating
31 Trust Fund, those appropriated sums necessary and required by
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1 the state for grant matching, implementing, administering,
2 evaluating, and qualifying for such federal funds.
3 Disbursements from the trust fund for the purpose of
4 supplanting state general revenue funds may not be made
5 without specific legislative appropriation.
6 Section 39. Effective upon this act becoming a law,
7 section 32 of chapter 2001-254, Laws of Florida, is repealed.
8 Section 40. (1) This section shall take effect July
9 1, 2002, and shall apply to the following trust funds:
10 (a) The Capital Collateral Trust Fund, FLAIR number
11 21-2-072.
12 (b) The County Article V Trust Fund, FLAIR number
13 22-2-055.
14 (c) The Court Education Trust Fund, FLAIR number
15 22-2-146.
16 (d) The Family Courts Trust Fund, FLAIR number
17 22-2-973.
18 (e) The Florida Agricultural Exposition Trust Fund,
19 FLAIR number 70-2-298.
20 (2) If any trust fund listed in this section is
21 terminated effective July 1, 2002, appropriations contained in
22 the fiscal year 2002-2003 General Appropriations Act from that
23 trust fund are hereby repealed. Appropriations of identical
24 amounts, for the same purposes, and with the same restrictions
25 or limitations are hereby made from the General Revenue Fund.
26 (3) Appropriations for fiscal year 2001-2002 that are
27 made from trust funds listed in this section may be certified
28 forward pursuant to the provisions of s. 216.301, Florida
29 Statutes.
30 (4) If the General Appropriations Act for fiscal year
31 2002-2003 contains a provision that is substantively the same
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1 as this section, the Legislature intends that the provision in
2 the General Appropriations Act shall take precedence.
3 Section 41. Except as otherwise provided herein, this
4 act shall take effect July 1, 2003.
5
6 *****************************************
7 HOUSE SUMMARY
8
Terminates or exempts from termination specified trust
9 funds of state criminal justice agencies. Provides for
disposition of balances in and revenues of the terminated
10 trust funds. Amends or repeals various provisions of law
to conform. Redistributes the moneys received as civil
11 penalties by county courts to increase the distribution
to the County Article V Trust Fund and decrease the
12 amount going to the General Revenue Fund, and transfers
from the General Revenue Fund to the County Article V
13 Trust Fund an amount equal to the fiscal year 2001-2002
distributions from civil penalties to general revenue.
14 See bill for details.
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