Senate Bill sb0990

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    Florida Senate - 2002                                   SB 990

    By Senator Campbell





    33-1004-02

  1                      A bill to be entitled

  2         An act providing for separate accounting of

  3         funds collected for elevator inspections;

  4         amending s. 509.072, F.S.; requiring the

  5         Department of Business and Professional

  6         Regulation to separately account for the funds

  7         collected for the inspection of elevators in

  8         the Hotel and Restaurant Trust Fund; providing

  9         an effective date.

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

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13         Section 1.  Section 509.072, Florida Statutes, is

14  amended to read:

15         509.072  Hotel and Restaurant Trust Fund; collection

16  and disposition of moneys received.--

17         (1)  There is created a Hotel and Restaurant Trust Fund

18  to be used for the administration and operation of the

19  division and the carrying out of all laws and rules under the

20  jurisdiction of the division pertaining to the construction,

21  maintenance, and operation of public lodging establishments

22  and public food service establishments, including the

23  inspection of elevators as required under chapter 399.  All

24  funds collected by the division and the amounts paid for

25  licenses and fees shall be deposited in the State Treasury

26  into the Hotel and Restaurant Trust Fund.

27         (2)  The department shall maintain a separate account

28  in the Hotel and Restaurant Trust Fund for funds collected for

29  the inspection of elevators as required under chapter 399. To

30  the maximum extent possible, the department shall directly

31  charge all expenses to the account for elevator inspections.

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    Florida Senate - 2002                                   SB 990
    33-1004-02




  1  For the purpose of this subsection, direct charge expenses

  2  include, but are not limited to, costs for investigations,

  3  examinations, or legal services. For expenses that cannot be

  4  charged directly, the department shall provide for the

  5  proportionate allocation among the accounts of expenses

  6  incurred by the department in the performance of its duties.

  7  The department may not expend funds from the account of the

  8  elevator inspections to pay for the expenses incurred on

  9  behalf of hotel or restaurant regulation, nor may the funds be

10  deposited or transferred into any other trust fund

11  administered by the department or any of its divisions. The

12  department shall maintain adequate records to support its

13  allocation of the department's expenses.

14         (3)(2)  Fees collected under s. 509.302(3) and

15  deposited into the trust fund must be used solely for the

16  purpose of funding the Hospitality Education Program, except

17  for any trust fund service charge imposed by s. 215.20, and

18  may not be used to pay for any expense of the division not

19  directly attributable to the Hospitality Education Program.

20  These funds may not be deposited or transferred into any other

21  trust fund administered by the Department of Business and

22  Professional Regulation or any of its divisions. For audit

23  purposes, fees collected under s. 509.302(3) and all charges

24  against those fees must be maintained by the department as a

25  separate ledger.

26         Section 2.  This act shall take effect upon becoming a

27  law.

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    Florida Senate - 2002                                   SB 990
    33-1004-02




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  2                          SENATE SUMMARY

  3    Requires the Department of Business and Professional
      Regulation to separately account for funds collected for
  4    the inspection of elevators.

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