HB 1855 2003
1	A bill to be entitled
2	An act relating to the Department of State; terminating
3	the Coconut Grove Playhouse Trust Fund and the Public
4	Access Data Systems Trust Fund within the department;
5	providing for disposition of balances in and revenues of
6	the terminated trust funds; amending s. 15.09, F.S.;
7	deleting a provision that created and provided uses of the
8	Public Access Data Systems Trust Fund, to conform;
9	amending s. 215.22, F.S.; deleting a reference to the
10	Coconut Grove Playhouse Trust Fund, to conform; amending
11	s. 265.284, F.S.; revising sources of funding for the
12	Florida Fine Arts Trust Fund; amending s. 265.2861, F.S.;
13	deleting provisions transferring funds from the Cultural
14	Institutions Trust Fund to certain grant programs and
15	entities; eliminating a funding source of the trust fund;
16	removing a restriction on grant recipients under the
17	Cultural Institutions Program against receiving funds from
18	certain other arts grants programs; repealing s. 265.2901,
19	F.S., relating to the Coconut Grove Playhouse Trust Fund,
20	to conform; amending s. 267.0617, F.S.; removing a
21	provision specifying funding sources for the Historic
22	Preservation Grant Program; amending s. 320.08058, F.S.;
23	changing the distribution of proceeds of the Florida arts
24	license plate annual use fees; amending s. 607.1901, F.S.;
25	deleting the transfer of funds from the Corporations Trust
26	Fund to certain funds; amending s. 607.19011, F.S.;
27	revising uses of the Corporations Trust Fund; directing
28	maintenance of priority rankings for certain grant
29	programs for Fiscal Year 2004-2005 grant cycles; providing
30	an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1. (1) The following trust funds within the
35	Department of State are terminated:
36	(a) The Coconut Grove Playhouse Trust Fund, FLAIR number
37	45-2-097.
38	(b) The Public Access Data Systems Trust Fund, FLAIR
39	number 45-2-542.
40	(2) All current balances remaining in and all revenues of
41	the trust funds terminated by this section shall be transferred
42	to the General Revenue Fund. The Department of State shall pay
43	any outstanding debts or obligations of each terminated trust
44	fund as soon as practicable, and the Chief Financial Officer
45	shall close out and remove the terminated trust funds from the
46	various state accounting systems using generally accepted
47	accounting principles concerning warrants outstanding, assets,
48	and liabilities.
49	Section 2. Section 15.09, Florida Statutes, is amended to
50	read:
51	15.09 Fees.--
52	(1) The fees, except as provided by law, to be collected
53	by the Department of State, are:
54	(a) For searching of papers or records, $3.50, except that
55	there shall be no charge for telephone requests for general
56	corporate information, including the corporation's status, names
57	of officers and directors, address of principal place of
58	business, and name and address of resident agent.
59	(b) For providing a certificate with seal, $8.75; however,
60	no fee shall be charged for providing a certificate with seal to
61	any officer appointed to an office requiring Senate
62	confirmation.
63	(c) For furnishing statistical information and for copying
64	any document not mentioned, $1 per page or fraction thereof.
65	(2) The department may in its discretion establish a
66	reasonable fee for filing or copying any document or instrument
67	not mentioned herein or provided for in other laws.
68	(3) All fees arising from certificates of election or
69	appointment to office and from commissions to officers shall be
70	paid to the Treasurer for deposit in the General Revenue Fund.
71	(4) All funds collected by the Division of Corporations of
72	the department shall be deposited in the Corporations Trust
73	Fund.
74	(5)(a) There is created within the Department of State a
75	Public Access Data Systems Trust Fund, which shall be used by
76	the department to purchase information systems and equipment
77	that provide greater public accessibility to the information and
78	records maintained by it. Notwithstanding any other provision of
79	law, the Divisions of Licensing, Elections, and Corporations of
80	the department shall transfer each fiscal year to the Public
81	Access Data Systems Trust Fund from their respective trust
82	funds:
83	1. An amount equal to 2 percent of all revenues received
84	for the processing of documents, filings, or information
85	requests.
86	2. All public access network revenues collected pursuant
87	to s. 15.16 or s. 119.085.
88	(b) Funds from the Public Access Data Systems Trust Fund
89	may be appropriated for the operations of the department.
90	Section 3. Subsection (1) of section 215.22, Florida
91	Statutes, as amended by section 63 of chapter 2002-402, Laws of
92	Florida, is amended to read:
93	215.22 Certain income and certain trust funds exempt.--
94	(1) The following income of a revenue nature or the
95	following trust funds shall be exempt from the deduction
96	required by s. 215.20(1):
97	(a) Student financial aid or prepaid tuition receipts.
98	(b) Trust funds administered by the Department of the
99	Lottery.
100	(c) Departmental administrative assessments for
101	administrative divisions.
102	(d) Funds charged by a state agency for services provided
103	to another state agency, by a state agency for services provided
104	to the judicial branch, or by the judicial branch for services
105	provided to a state agency.
106	(e) State, agency, or political subdivision investments by
107	the Treasurer.
108	(f) Retirement or employee benefit funds.
109	(g) Self-insurance programs administered by the Treasurer.
110	(h) Funds held for the payment of citrus canker
111	eradication and compensation.
112	(i) Medicaid, Medicare, or third-party receipts for client
113	custodial care.
114	(j) Bond proceeds or revenues dedicated for bond
115	repayment, except for the Documentary Stamp Clearing Trust Fund
116	administered by the Department of Revenue.
117	(k) Trust funds administered by the Department of
118	Education.
119	(l) Trust funds administered by the Department of
120	Transportation.
121	(m) Trust funds administered by the Department of
122	Agriculture and Consumer Services.
123	(n) The Motor Vehicle License Clearing Trust Fund.
124	(o) The Solid Waste Management Trust Fund.
125	(p) The Coconut Grove Playhouse Trust Fund.
126	(p)(q)The Communications Working Capital Trust Fund of
127	the Department of Management Services.
128	(q)(r)The Camp Blanding Management Trust Fund.
129	(r)(s)The Indigent Criminal Defense Trust Fund.
130	(s)(t)That portion of the Highway Safety Operating Trust
131	Fund funded by the motorcycle safety education fee collected
132	pursuant to s. 320.08(1)(c).
133	(t)(u)The Save the Manatee Trust Fund.
134	(u)(v)Tobacco Settlement Trust Funds administered by any
135	agency.
136	(v)(w)The Save Our Everglades Trust Fund.
137	(w)(x)The Florida Center for Nursing Trust Fund.
138	Section 4. Subsection (4) of section 265.284, Florida
139	Statutes, is amended to read:
140	265.284 Chief cultural officer; director of division;
141	powers and duties.--
142	(4) There is created the Florida Fine Arts Trust Fund to
143	be administered by the Department of State for the purposes set
144	forth by law. The Florida Fine Arts Trust Fund shall consist of
145	moneys appropriated by the Legislature and moneys contributed to
146	the fund from any other sourcereceive distributions as provided
147	in s. 320.08058.
148	Section 5. Section 265.2861, Florida Statutes, is amended
149	to read:
150	265.2861 Cultural Institutions Program; trust fund.--
151	(1) CULTURAL INSTITUTIONS TRUST FUND.--There is created a
152	Cultural Institutions Trust Fund to be administered by the
153	Department of State for the purposes set forth in this section.
154	and to support the following programs as follows:
155	(a) For statewide arts grants, $2.7 million.
156	(b) For arts in education and visiting arts programs,
157	$250,000.
158	(c) For the State Touring Program, $200,000. First
159	priority for the issuance of State Touring Program grants shall
160	be given to applicants that reside in counties with a population
161	of 75,000 or less.
162	(d) For local arts agencies or state service
163	organizations, $400,000.
164	(e)1. For the officially designated Art Museum of the
165	State of Florida described in s. 1004.45, $2.2 million, and for
166	state-owned cultural facilities assigned to the Department of
167	State, which receive a portion of any operating funds from the
168	Department of State and one of the primary purposes of which is
169	the presentation of fine arts or performing arts, $500,000.
170	2. For fiscal year 2001-2002 only, the provisions of
171	subparagraph 1. relating to state-owned cultural facilities
172	shall not be applicable. This subparagraph expires July 1, 2002.
173
174	The trust fund shall consist of moneys appropriated by the
175	Legislature, moneys deposited pursuant to s. 607.1901(2),and
176	moneys contributed to the fund from any other source.
177	(2) CULTURAL INSTITUTIONS PROGRAM.--
178	(a) There is created within the Department of State a
179	Cultural Institutions Program.
180	(b) The Department of State shall establish, by rule,
181	criteria for the award of grants to cultural organizations,
182	including criteria relating to program quality, potential public
183	exposure and benefit, fiscal stability, ability to properly
184	administer grant funds, procedures for peer evaluation, and
185	other matters deemed necessary and appropriate to further the
186	purposes of this section. The Division of Cultural Affairs shall
187	award grants to supplement the financial support of cultural
188	organizations that have displayed a sustained commitment to
189	cultural excellence and to recognize organizations for superior
190	cultural contributions that have regional or statewide impact.
191	(c) Cultural organizations shall receive funding by the
192	Division of Cultural Affairs from the Cultural Institutions
193	Trust Fund.
194	(d) Except for programs that receive funds for challenge
195	grants, grants promoting arts education, grants for touring
196	programs, and grants for international cultural exchange
197	programs, an organization that receives a grant under the
198	Cultural Institutions Program is precluded from receiving funds
199	from other art grants programs administered under s. 265.286, s.
200	265.608, or s. 265.609, by the Division of Cultural Affairs.
201	(d)(e)1. Upon appropriation by the Legislature of funds
202	for the Cultural Institutions Program, the Department of State
203	shall execute a contract with each organization, which must
204	contain information relative to the program, the projected
205	operating income and expenses, and other provisions deemed
206	necessary by the department for the administration of the
207	program.
208	2. Each recipient organization must submit an annual
209	report to the Division of Cultural Affairs detailing the
210	expenditure of funds and is subject to the auditing provisions
211	and rules of the division.
212	(e)(f)Each organization shall cause an annual postaudit
213	or independent attestation of its financial accounts, to be
214	conducted by an independent certified public accountant. The
215	annual audit report must be submitted to the Department of State
216	for review. The department may require and receive from the
217	recipient institution, or from its independent auditor, any
218	detail or supplemental data relative to the operation of such
219	institution.
220	(f)(g)The Department of State shall adopt rules necessary
221	to administer this section.
222	Section 6. Section 265.2901, Florida Statutes, is
223	repealed.
224	Section 7. Section 267.0617, Florida Statutes, is amended
225	to read:
226	267.0617 Historic Preservation Grant Program.--
227	(1) There is hereby created within the division the
228	Historic Preservation Grant Program, which shall make grants of
229	moneys appropriated by the Legislature, moneys deposited
230	pursuant to ss. 550.0351(2) and 607.1901(2)(g), and moneys
231	contributed for that purpose from any other source. The program
232	funds shall be used by the division for the purpose of financing
233	grants in furtherance of the purposes of this section.
234	(1)(2) The division mayis authorized to conduct and carry
235	out a program to provideofhistoric preservation grants-in-aid,
236	including matching grants, to any department or agency of the
237	state; any unit of county, municipal, or other local government;
238	any corporation, partnership, or other organization, whether
239	public or private or whether or not for profit; or any
240	individual for projects having as their purpose the
241	identification, acquisition, protection, preservation,
242	rehabilitation, restoration, or construction of historic sites
243	and properties, or Florida history, or the planning of such
244	activities. Funds appropriated from general revenue for the
245	historic preservation grants-in-aid program shall not be
246	provided for a project owned by private individuals or owned by
247	for-profit corporations. All moneys received from any source as
248	appropriations, deposits, or contributions to this program shall
249	be paid and credited to the Historical Resources Operating Trust
250	Fund.
251	(2)(3)All grants of state funds to assist the
252	preservation of historic properties shall be made from the
253	Historical Resources Operating Trust Fund and may be awarded
254	only pursuant to applications for such assistance made to the
255	Division of Historical Resources. The Florida Historical
256	Commission shall review each application for a special category
257	historic preservation grant-in-aid. Special category historic
258	preservation grants-in-aid are those reviewed and recommended by
259	the Secretary of State for submission for legislative funding
260	consideration. Grant review panels appointed by the Secretary of
261	State and chaired by a member of the Florida Historical
262	Commission shall review each application for other historic
263	preservation grants-in-aid. The reviewing body shall submit
264	annually to the Secretary of State for approval lists of all
265	applications that are recommended by the reviewing body for the
266	award of grants, arranged in order of priority.
267	(3)(4)The Division of Historical Resources may accept and
268	administer moneys appropriated to it for the purpose of
269	providing grants for the projects approved by the Secretary of
270	State.
271	(4)(5)The Division of Historical Resources shall adopt
272	rules prescribing the criteria to be applied by the Florida
273	Historical Commission and the grant review panels in
274	recommending applications for the award of grants and rules
275	providing for the administration of the other provisions of this
276	section.
277	Section 8. Subsection (12) of section 320.08058, Florida
278	Statutes, is amended to read:
279	320.08058 Specialty license plates.--
280	(12) FLORIDA ARTS LICENSE PLATES.--
281	(a) The Department of Highway Safety and Motor Vehicles
282	shall develop a Florida arts license plate as provided in this
283	section. In small letters, the word "Florida" must appear at the
284	top of the plate, and the word "Art" or "Arts" or a combination
285	of words including the word "Art" or "Arts" may appear at the
286	bottom of the plate.
287	(b) The license plate annual use fees are to be annually
288	distributed as follows:
289	1. All fees collected must be forwarded quarterly to the
290	single arts council officially designated by the county, in
291	direct proportion to the amount of fees collected in each
292	county. If there is no county arts council, the fees collected
293	must be forwarded to such other agency designated by the county,
294	which shall apply the funds to support arts organizations, arts
295	programs, and arts activities within the countyDivision of
296	Cultural Affairs of the Department of State, together with a
297	report setting forth the amount of such fees collected in each
298	county, and must be deposited into the Florida Fine Arts Trust
299	Fund.
300	2. The Division of Cultural Affairs shall distribute the
301	fees forwarded to it by the department to the counties in the
302	amounts set forth in the report required under subparagraph 1.,
303	in each case to the county arts council for such county or, if
304	there is none, to such other agency in the county as the
305	division designates, to be applied by the council or agency to
306	support art organizations, programs, and activities within the
307	county.
308	(c) The Division of Cultural Affairs shall have the
309	authority to administer this subsection under rules established
310	by the Division of Cultural Affairs. The agency may adopt only
311	rules that implement, interpret, or make specific the particular
312	powers and duties granted by this subsection.
313	Section 9. Subsection (2) of section 607.1901, Florida
314	Statutes, is amended to read:
315	607.1901 Corporations Trust Fund creation; transfer of
316	funds.--
317	(2)(a) The Legislature shall appropriate from the fund
318	such amounts as it deems necessary for the operation of the
319	division.
320	(b) An amount equal to 2.9 percent of all moneys deposited
321	each month in the fund is transferred to the Corporation Tax
322	Administration Trust Fund created pursuant to s. 213.31.
323	(c) In the last six months of any fiscal year, an amount
324	equal to 43 percent of all moneys deposited each month into the
325	fund is transferred to the General Revenue Fund.
326	(d) The division shall transfer from the trust fund to the
327	Cultural Institutions Trust Fund, quarterly, the amount of $10
328	from each corporate annual report fee collected by the division
329	and prorations transferring $8 million each fiscal year, to be
330	used as provided in s. 265.2861. Effective October 1, 2001, an
331	additional $2 million each fiscal year shall be transferred from
332	the Corporations Trust Fund to the Cultural Institutions Trust
333	Fund to be used as provided in s. 265.2861. The additional $2
334	million is contingent upon the receipt of corresponding revenues
335	collected under s. 55.209, as created by this act.
336	(e) The division shall transfer from the trust fund to the
337	Cultural Institutions Trust Fund, quarterly, prorations
338	transferring $250,000 each fiscal year, to be used as provided
339	in s. 265.609.
340	(f) The division shall transfer from the trust fund to the
341	Cultural Institutions Trust Fund, quarterly, prorations
342	transferring $550,000 each fiscal year, to be used as provided
343	in s. 265.608.
344	(g) The division shall transfer from the trust fund to the
345	Historical Resources Operating Trust Fund, quarterly, prorations
346	transferring $2 million each fiscal year, to be used as provided
347	in s. 267.0617.
348	(h) The division shall transfer from the trust fund to the
349	Historical Resources Operating Trust Fund, quarterly, prorations
350	transferring $1.5 million each fiscal year, to be used as
351	provided in s. 267.0619.
352	(i) Effective October 1, 2001, the division shall transfer
353	from the trust fund to the department's Grants and Donations
354	Trust Fund quarterly prorations equaling not more than $1.6
355	million each fiscal year, to be used in the provision of
356	services under s. 288.816. The transfer of $1.6 million is
357	contingent upon the receipt of corresponding revenues collected
358	under s. 55.209, as created by this act.
359	Section 10. Section 607.19011, Florida Statutes, is
360	amended to read:
361	607.19011 Corporations Trust Fund; deposit and use of
362	revenues collected in accordance with ch. 95-242.--All revenues
363	collected in accordance with this act shall be deposited into
364	the Corporations Trust Fund of the Department of State and shall
365	be used in furtherance of the Department of State's cultural and
366	historic preservation programs and other activitiesas the
367	Legislature may direct.
368	Section 11. Any fiscal year 2003-2004 ranked projects
369	which are not funded under the Historical Facilities Special
370	Category Fixed Capital Outlay Grants, Cultural Facilities Fixed
371	Capital Outlay Grants, or Library Construction Fixed Capital
372	Outlay Grants in the Department of State shall maintain their
373	relative ranking for the Fiscal Year 2004-2005 grant cycles and
374	shall receive priority ranking over new projects applying for
375	the Fiscal Year 2004-2005 grant cycles.
376	Section 12. This act shall take effect July 1, 2003.