Senate Bill sb0954er
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2 An act relating to trust funds; terminating
3 specified trust funds within the Department of
4 Legal Affairs and the Department of
5 Corrections; providing for disposition of
6 balances in and revenues of such trust funds;
7 declaring the findings of the Legislature that
8 a specified trust fund within the Department of
9 Corrections is exempt from the termination
10 requirements of s. 19(f), Art. III of the State
11 Constitution; amending s. 501.2101, F.S.;
12 deleting provisions relating to the Consumer
13 Frauds Trust Fund; providing for the deposit of
14 moneys received pursuant to the regulation of
15 deceptive and unfair trade practices into the
16 Legal Affairs Revolving Trust Fund rather than
17 the Consumer Frauds Trust Fund; amending ss.
18 501.059, 501.143, and 501.2077, F.S., to
19 conform; repealing s. 945.21502, F.S.;
20 repealing the Inmate Welfare Trust Fund in the
21 Department of Corrections; amending ss.
22 944.516, 944.803, 945.091, 945.215, 945.6037,
23 F.S., to conform; providing for revenues of the
24 Inmate Welfare Trust Fund to be deposited in
25 the General Revenue Fund; repealing ch.
26 2002-123, Laws of Florida; repealing the future
27 re-creation of the Inmate Welfare Trust Fund;
28 amending s. 860.158, F.S.; repealing the
29 Florida Motor Vehicle Theft Prevention Trust
30 Fund in the Department of Legal Affairs;
31 amending ss. 320.08046, 713.78, F.S., to
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1 conform; providing for revenues of the fund to
2 be deposited in the General Revenue Fund;
3 providing an effective date.
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5 Be It Enacted by the Legislature of the State of Florida:
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7 Section 1. (1) The following trust funds within the
8 following departments are terminated:
9 (a) Within the Department of Legal Affairs:
10 1. The Florida Motor Vehicle Theft Prevention Trust
11 Fund, FLAIR number 41-2-051.
12 2. The Consumer Fraud Trust Fund, FLAIR number
13 41-2-127.
14 (b) Within the Department of Corrections:
15 1. The Florida Agricultural Exposition Trust Fund,
16 FLAIR number 70-2-298.
17 2. The Inmate Welfare Trust Fund, FLAIR number
18 70-2-523.
19 (2) Unless otherwise provided, all current balances
20 remaining in, and all revenues of, the trust funds terminated
21 by this act shall be transferred to the General Revenue Fund.
22 (3) For each trust fund terminated by this act, the
23 agency that administers the trust fund shall pay any
24 outstanding debts and obligations of the terminated fund as
25 soon as practicable, and the Chief Financial Officer shall
26 close out and remove the terminated fund from the various
27 state accounting systems using generally accepted accounting
28 principles concerning warrants outstanding, assets, and
29 liabilities.
30 Section 2. The Legislature finds that, within the
31 Department of Corrections, the Inmate Bank Trust Fund, which
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1 has no FLAIR number, is exempt from termination pursuant to
2 Section 19(f), Article III of the State Constitution.
3 Section 3. 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 Consumer Frauds Trust Fund or the Legal Affairs Revolving
12 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 4. 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 Legal Affairs Revolving Consumer Frauds
8 Trust Fund if the action or proceeding was brought by the
9 Department of Legal Affairs. This civil penalty may be
10 recovered in any action brought under this part by the
11 department, or the department may terminate any investigation
12 or action upon agreement by the person to pay a stipulated
13 civil penalty. The department or the court may waive any
14 civil penalty if the person has previously made full
15 restitution or reimbursement or has paid actual damages to the
16 consumers who have been injured by the violation.
17 Section 5. 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 Legal Affairs Revolving Consumer Frauds
25 Trust Fund if the action or proceeding was brought by the
26 Department of Legal Affairs.
27 Section 6. Subsection (4) of section 501.2077, Florida
28 Statutes, is amended to read:
29 501.2077 Violations involving senior citizen or
30 handicapped person; civil penalties; presumption.--
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1 (4) Civil penalties collected pursuant to this section
2 shall be deposited into the Legal Affairs Revolving Trust Fund
3 of the Department of Legal Affairs Consumer Frauds Trust Fund
4 and allocated solely to the Department of Legal Affairs for
5 the purpose of preparing and distributing consumer education
6 materials, programs, and seminars to benefit senior citizens
7 and handicapped persons or to further enforcement efforts.
8 Section 7. Subsection (5) of section 944.516, Florida
9 Statutes, is amended to read:
10 944.516 Money or other property received for personal
11 use or benefit of inmate; deposit; disposition of unclaimed
12 trust funds.--The Department of Corrections shall protect the
13 financial interest of the state with respect to claims which
14 the state may have against inmates in state institutions under
15 its supervision and control and shall administer money and
16 other property received for the personal benefit of such
17 inmates. In carrying out the provisions of this section, the
18 department may delegate any of its enumerated powers and
19 duties affecting inmates of an institution to the warden or
20 regional director who shall personally, or through designated
21 employees of his or her personal staff under his or her direct
22 supervision, exercise such powers or perform such duties.
23 (5) When an inmate is transferred between department
24 facilities, is released from the custody of the department,
25 dies, or escapes during incarceration, and the inmate has an
26 unexpended inmate trust fund account balance of less than $1,
27 that balance shall be transferred to the General Revenue
28 Inmate Welfare Trust Fund.
29 Section 8. Subsection (2) of section 944.803, Florida
30 Statutes, is amended to read:
31 944.803 Faith-based programs for inmates.--
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1 (2) It is the intent of the Legislature that the
2 Department of Corrections and the private vendors operating
3 private correctional facilities shall continuously:
4 (a) Measure recidivism rates for inmates who have
5 participated in religious programs;
6 (b) Increase the number of volunteers who minister to
7 inmates from various faith-based institutions in the
8 community;
9 (c) Develop community linkages with churches,
10 synagogues, mosques, and other faith-based institutions to
11 assist inmates in their release back into the community; and
12 (d) Fund through the use of annual appropriations, in
13 department facilities, and through inmate welfare trust funds
14 pursuant to s. 945.215, in private facilities, an adequate
15 number of chaplains and support staff to operate faith-based
16 programs in correctional institutions.
17 Section 9. Paragraph (a) of subsection (8) of section
18 945.091, Florida Statutes, is amended to read:
19 945.091 Extension of the limits of confinement;
20 restitution by employed inmates.--
21 (8)(a) The department is authorized to levy fines only
22 through disciplinary reports and only against inmates placed
23 on extended limits of confinement. Major and minor
24 infractions and their respective punishments for inmates
25 placed on extended limits of confinement shall be defined by
26 the rules of the department, provided that any fine shall not
27 exceed $50 for each infraction deemed to be minor and $100 for
28 each infraction deemed to be major. Such fines shall be
29 deposited in the General Revenue Inmate Welfare Trust Fund,
30 and a receipt shall be given to the inmate.
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1 Section 10. Subsection (1) of section 945.215, Florida
2 Statutes, is amended to read:
3 945.215 Inmate welfare and employee benefit trust
4 funds.--
5 (1) INMATE PURCHASES WELFARE TRUST FUND; DEPARTMENT OF
6 CORRECTIONS.--
7 (a) From the Inmate Welfare Trust Fund constitutes a
8 trust held by the department for the benefit and welfare of
9 inmates incarcerated in correctional facilities operated
10 directly by the department and for visitation and family
11 programs and services in such correctional facilities. Funds
12 shall be credited to the trust fund as follows:
13 1. All funds held in any auxiliary, canteen, welfare,
14 or similar fund in any correctional facility operated directly
15 by the department.
16 2. All net proceeds from operating inmate canteens,
17 vending machines used primarily by inmates and visitors, hobby
18 shops, and other such facilities must be deposited in the
19 General Revenue Fund; however, funds necessary to purchase
20 items for resale at inmate canteens and vending machines must
21 be deposited into local bank accounts designated by the
22 department.
23 (b)3. All proceeds from contracted telephone
24 commissions must be deposited in the General Revenue Fund. The
25 department shall develop and update, as necessary,
26 administrative procedures to verify that:
27 a. Contracted telephone companies accurately record
28 and report all telephone calls made by inmates incarcerated in
29 correctional facilities under the department's jurisdiction;
30 b. Persons who accept collect calls from inmates are
31 charged the contracted rate; and
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1 c. The department receives the contracted telephone
2 commissions.
3 (c)4. Any funds that may be assigned by inmates or
4 donated to the department by the general public or an inmate
5 service organization must be deposited in the General Revenue
6 Fund; however, the department shall not accept any donation
7 from, or on behalf of, any individual inmate.
8 (d)5. All proceeds from the following sources must be
9 deposited in the General Revenue Fund:
10 a. The confiscation and liquidation of any contraband
11 found upon, or in the possession of, any inmate;
12 b. Disciplinary fines imposed against inmates;
13 c. Forfeitures of inmate earnings; and
14 d. Unexpended balances in individual inmate trust fund
15 accounts of less than $1.
16 6. All interest earnings and other proceeds derived
17 from investments of funds deposited in the trust fund. In the
18 manner authorized by law for fiduciaries, the secretary of the
19 department, or the secretary's designee, may invest any funds
20 in the trust fund when it is determined that such funds are
21 not needed for immediate use.
22 (b) Funds in the Inmate Welfare Trust Fund must be
23 used exclusively for the following purposes at correctional
24 facilities operated directly by the department:
25 1. To operate inmate canteens and vending machines,
26 including purchasing items for resale at inmate canteens and
27 vending machines; employing personnel and inmates to manage,
28 supervise, and operate inmate canteens and vending machines;
29 and covering other operating and fixed capital outlay expenses
30 associated with operating inmate canteens and vending
31 machines;
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1 2. To employ personnel to manage and supervise the
2 proceeds from telephone commissions;
3 3. To develop, implement, and maintain the medical
4 copayment accounting system;
5 4. To provide literacy programs, vocational training
6 programs, and educational programs that comply with standards
7 of the Department of Education, including employing personnel
8 and covering other operating and fixed capital outlay expenses
9 associated with providing such programs;
10 5. To operate inmate chapels, faith-based programs,
11 visiting pavilions, visiting services and programs, family
12 services and programs, libraries, and law libraries, including
13 employing personnel and covering other operating and fixed
14 capital outlay expenses associated with operating inmate
15 chapels, faith-based programs, visiting pavilions, visiting
16 services and programs, family services and programs,
17 libraries, and law libraries;
18 6. To provide for expenses associated with various
19 inmate clubs;
20 7. To provide for expenses associated with legal
21 services for inmates;
22 8. To provide inmate substance abuse treatment
23 programs and transition and life skills training programs,
24 including employing personnel and covering other operating and
25 fixed capital outlay expenses associated with providing such
26 programs;
27 9. To provide for the purchase, rental, maintenance,
28 and repair of electronic or audiovisual equipment, unless
29 otherwise prohibited by this chapter; and
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1 10. To provide for the purchase, rental, maintenance,
2 and repair of wellness equipment, unless otherwise prohibited
3 by this chapter.
4 (c) The Legislature shall annually appropriate the
5 funds deposited in the Inmate Welfare Trust Fund. It is the
6 intent of the Legislature that total annual expenditures for
7 providing literacy programs, vocational training programs, and
8 educational programs exceed the combined total annual
9 expenditures for operating inmate chapels, faith-based
10 programs, visiting pavilions, visiting services and programs,
11 family services and programs, libraries, and law libraries,
12 covering expenses associated with inmate clubs, and providing
13 inmate substance abuse treatment programs and transition and
14 life skills training programs.
15 (d) Funds in the Inmate Welfare Trust Fund or any
16 other fund may not be used to purchase weight-training
17 equipment, to purchase cable-television service for recreation
18 purposes, or to rent or purchase videocassettes, videocassette
19 recorders, or other audiovisual or electronic media or
20 equipment used primarily for recreation purposes. This
21 paragraph does not preclude the purchase or rental of
22 electronic or audiovisual equipment or services for inmate
23 training or educational programs.
24 (e) Items for resale at inmate canteens and vending
25 machines maintained at the correctional facilities shall be
26 priced comparatively with like items for retail sale at fair
27 market prices.
28 (f) Notwithstanding any other provision of law,
29 inmates with sufficient balances in their individual inmate
30 bank trust fund accounts, after all debts against the account
31 are satisfied, shall be allowed to request a weekly draw of up
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1 to an amount set by the Secretary of Corrections, not to
2 exceed $100, to be expended for personal use on canteen and
3 vending machine items.
4 (g) The department shall annually compile a report
5 that specifically documents Inmate Welfare Trust Fund receipts
6 and expenditures. This report shall be compiled at both the
7 statewide and institutional levels. The department must submit
8 this report for the previous fiscal year by September 1 of
9 each year to the chairs of the appropriate substantive and
10 fiscal committees of the Senate and the House of
11 Representatives and to the Executive Office of the Governor.
12 Section 11. Section 945.21502, Florida Statutes, is
13 repealed.
14 Section 12. Paragraph (c) of subsection (3) of section
15 945.6037, Florida Statutes, is amended to read:
16 945.6037 Nonemergency health care; inmate
17 copayments.--
18 (3)
19 (c) The expenses and operating capital outlay required
20 to develop, implement, and maintain the medical copayment
21 accounting system must be appropriated by the Legislature from
22 the Inmate Welfare Trust Fund. The fiscal assistants and
23 accountants at the correctional facilities funded from the
24 Inmate Welfare Trust Fund are, in addition to their duties
25 relating to the inmate canteen and bank, responsible for
26 managing the medical copayment system.
27 Section 13. Paragraph (a) of subsection (6) of section
28 958.09, Florida Statutes, is amended to read:
29 958.09 Extension of limits of confinement.--
30 (6)(a) The department is authorized to levy fines only
31 through disciplinary reports and only against inmates placed
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1 on extended limits of confinement. Major and minor
2 infractions and their respective punishments for inmates
3 placed on extended limits of confinement shall be defined by
4 the rules of the department, except that any fine shall not
5 exceed $50 for each infraction deemed to be minor and $100 for
6 each infraction deemed to be major. Such fines shall be
7 deposited in the General Revenue Inmate Welfare Trust Fund,
8 and a receipt shall be given to the inmate.
9 Section 14. Chapter 2002-123, Laws of Florida, which
10 recreates the Inmate Welfare Trust Fund effective November 4,
11 2004, is repealed.
12 Section 15. Section 320.08046, Florida Statutes, is
13 amended to read:
14 320.08046 Surcharge on license tax; General Revenue
15 Fund.--There is levied on each license tax imposed under s.
16 320.08, except those set forth in s. 320.08(11), a surcharge
17 in the amount of $1, which shall be collected in the same
18 manner as the license tax. Of the proceeds of the license tax
19 surcharge, 58 40 percent shall be deposited into the General
20 Revenue Fund and, 42 percent shall be deposited into the
21 Grants and Donations Trust Fund in the Department of Juvenile
22 Justice to fund the community juvenile justice partnership
23 grants program, and 18 percent shall be deposited into the
24 Florida Motor Vehicle Theft Prevention Trust Fund to fund
25 motor vehicle theft prevention programs pursuant to s.
26 860.158.
27 Section 16. Paragraph (e) of subsection (13) of
28 section 713.78, Florida Statutes, is amended to read:
29 713.78 Liens for recovering, towing, or storing
30 vehicles and vessels.--
31 (13)
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1 (e) When a wrecker operator files a notice of wrecker
2 operator's lien under this subsection, the department shall
3 charge the wrecker operator a fee of $2, which shall be
4 deposited into the General Revenue Florida Motor Vehicle Theft
5 Prevention Trust Fund established under s. 860.158. A service
6 charge of $2.50 shall be collected and retained by the tax
7 collector who processes a notice of wrecker operator's lien.
8 Section 17. Present subsection (3) of section 860.153,
9 Florida Statutes, is repealed and present subsection (4) of
10 that section is redesignated as subsection (3).
11 Section 18. Section 860.158, Florida Statutes, as
12 amended by chapter 2002-402, Laws of Florida, is amended to
13 read:
14 860.158 Florida Motor Vehicle Theft Prevention
15 Authority Expenditures Trust Fund.--
16 (1) There is hereby established within the Department
17 of Legal Affairs the Florida Motor Vehicle Theft Prevention
18 Trust Fund, which shall be administered by the executive
19 director of the authority at the direction of the board. All
20 interest earned from the investment or deposit of moneys
21 accumulated in the trust fund shall be deposited in the trust
22 fund. The trust fund shall be funded from the surcharge
23 collected under s. 320.08046.
24 (2)(a) Money appropriated to the authorityin the trust
25 fund shall be expended as follows:
26 (1)1. To pay the authority's cost to administer the
27 board and the trust fund.
28 (2)2. To achieve the purposes and objectives of this
29 act, which may include, but not be limited to, the following:
30 (a)a. To provide financial support to law enforcement
31 and correctional agencies, prosecutors, and the judiciary for
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1 programs designed to reduce motor vehicle theft and to improve
2 the administration of motor vehicle theft laws.
3 (b)b. To provide financial support for federal and
4 state agencies, units of local government, corporations, and
5 neighborhood, community, or business organizations for
6 programs designed to reduce motor vehicle theft and to improve
7 the administration of motor vehicle theft laws.
8 (c)c. To provide financial support to conduct programs
9 designed to inform owners of motor vehicles about the
10 financial and social cost of motor vehicle theft and to
11 suggest to those owners methods for preventing motor vehicle
12 theft.
13 (d)d. To provide financial support for plans,
14 programs, and projects consistent with the purposes of this
15 act.
16 (b) For the 2002-2003 fiscal year only, and
17 notwithstanding s. 320.08046, the use of funds allocated to
18 the Florida Motor Vehicle Theft Prevention Trust Fund may also
19 be as provided in the General Appropriations Act. This
20 paragraph expires July 1, 2003.
21 Section 19. This act shall take effect July 1, 2003.
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