Senate Bill sb0014A

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    Florida Senate - 2003                                  SB 14-A

    By Senator Clary





    4-2565A-03

  1                      A bill to be entitled

  2         An act relating to trust funds; terminating

  3         specified trust funds within the Department of

  4         Management Services, the Department of Revenue,

  5         and the Department of Environmental Protection;

  6         providing for the disposition of balances in

  7         and revenues of such trust funds; repealing ss.

  8         122.351 and 650.06, F.S., relating to funding

  9         by local agencies and the Social Security

10         Contribution Trust Fund; amending ss. 121.011,

11         121.031, 121.141, 122.26, 122.27, 122.30,

12         122.35, 650.04, and 650.05, F.S., to conform;

13         providing for payment of certain social

14         security contributions to the Internal Revenue

15         Service rather than the Social Security

16         Contribution Trust Fund; amending s. 607.1901,

17         F.S., relating to the Corporate Tax

18         Administration Trust Fund; to conform;

19         providing for the additional transfers into the

20         General Revenue Fund; amending ss. 253.03 and

21         895.09, F.S.; repealing the Forfeited Property

22         Trust Fund in the Department of Environmental

23         Protection; amending s. 932.7055, F.S.; to

24         conform; repealing s. 20.2553, F.S.; repealing

25         the Federal Law Enforcement Trust Fund in the

26         Department of Environmental Protection;

27         repealing s. 110.151(7), F.S., relating to the

28         State Employee Child Care Revolving Trust Fund;

29         repealing s. 213.31, F.S.; terminating the

30         Corporation Tax Administration Trust Fund;

31         providing for construction of the act in pari

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 1         materia with laws enacted during the Regular

 2         Session of the Legislature; providing an

 3         effective date.

 4  

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

 6  

 7         Section 1.  (1)  The following trust funds within the

 8  following departments are terminated:

 9         (a)  Within the Department of Management Services:

10         1.  The Social Security Contribution Trust Fund, FLAIR

11  number 72-2-638.

12         2.  The State Employee Child Care Revolving Trust Fund,

13  FLAIR number 72-2-670.

14         3.  The State Employees Savings Bond Trust Fund, FLAIR

15  number 72-2-674.

16         (b)  Within the Department of Revenue:

17         1.  The Corporation Tax Administration Trust Fund,

18  FLAIR number 73-2-143.

19         2.  The Drug Enforcement Trust Fund, FLAIR number

20  73-2-171.

21         (c)  Within the Department of Environmental Protection:

22         1.  The Forfeited Property Trust Fund, FLAIR number

23  37-2-267. The current balance remaining in, and all revenues

24  of, the trust fund shall be transferred to the Internal

25  Improvement Trust Fund, FLAIR number 37-2-408.

26         2.  The Marine Resources Conservation Trust Fund, FLAIR

27  number 37-2-467, which was transferred to the Fish and

28  Wildlife Conservation Commission by chapter 2000-197, Laws of

29  Florida. The current balance remaining in, and all revenues

30  of, the trust fund shall be transferred to the Marine

31  

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 1  Resources Conservation Trust Fund, FLAIR number 77-2-467, in

 2  the Fish and Wildlife Conservation Commission.

 3         3.  The Project Construction Trust Fund, FLAIR number

 4  37-2-549. The current balance remaining in, and all revenues

 5  of, the trust fund shall be transferred to the Ecosystem

 6  Management and Restoration Trust Fund, FLAIR number 37-2-193.

 7         4.  The Federal Law Enforcement Trust Fund, FLAIR

 8  number 37-2-719. The current balance remaining in, and all

 9  revenues of, the trust fund shall be transferred to the Grants

10  and Donations Trust Fund, FLAIR number 37-2-339.

11         (2)  Unless otherwise provided, all current balances

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

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

14         (3)  For each trust fund terminated by this act, the

15  agency that administers the trust fund shall pay any

16  outstanding debts and obligations of the terminated fund as

17  soon as practicable, and the Chief Financial Officer shall

18  close out and remove the terminated fund from the various

19  state accounting systems using generally accepted accounting

20  principles concerning warrants outstanding, assets, and

21  liabilities.

22         Section 2.  Sections 122.351 and 650.06, Florida

23  Statutes, are repealed.

24         Section 3.  Paragraph (e) of subsection (3) of section

25  121.011, Florida Statutes, is amended to read:

26         121.011  Florida Retirement System.--

27         (3)  PRESERVATION OF RIGHTS.--

28         (e)  Any member of the Florida Retirement System or any

29  member of an existing system under this chapter on July 1,

30  1975, who is not retired and who is, has been, or shall be,

31  suspended and reinstated without compensation shall receive

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 1  retirement service credit for the period of time from the date

 2  of suspension to the date of reinstatement, provided:

 3         1.  The creditable service claimed for the period of

 4  suspension does not exceed 24 months;

 5         2.  The member returns to active employment and remains

 6  on the employer's payroll for at least 1 calendar month; and

 7         3.  The member pays into the Retirement System Trust

 8  Fund the total required employer contributions plus the total

 9  employee contributions, if applicable, based on the member's

10  monthly compensation in effect for the pay period immediately

11  preceding the period of suspension, prorated for the said

12  period of suspension, plus interest thereon at a rate of 4

13  percent per annum compounded annually until July 1, 1975, and

14  6.5 percent interest thereafter until paid.  If permitted by

15  federal law, the member may pay to the Internal Revenue

16  Service into the Social Security Trust Fund the total cost, if

17  any, of providing social security coverage for the period of

18  suspension if any social security payments have been made by

19  the employer for the benefit of the member during such period.

20  Should there be any conflict as to payment for social security

21  coverage, the payment for retirement service credit shall be

22  made and retirement service credit granted regardless of such

23  conflict.

24         Section 4.  Subsection (1) of section 121.031, Florida

25  Statutes, is amended to read:

26         121.031  Administration of system; appropriation;

27  oaths; actuarial studies; public records.--

28         (1)  The Department of Management Services has the

29  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

30  to implement the provisions of law conferring duties upon the

31  department and to adopt rules as are necessary for the

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 1  effective and efficient administration of this system. The

 2  funds to pay the expenses for administration of the system are

 3  hereby appropriated from the interest earned on investments

 4  made for the Retirement System Trust Fund and social security

 5  trust funds and the assessments allowed under chapter 650.

 6         Section 5.  Subsection (1) of section 121.141, Florida

 7  Statutes, is amended to read:

 8         121.141  Appropriation.--

 9         (1)  There is hereby annually appropriated from the

10  System Trust Fund or the Social Security Trust Fund a

11  sufficient amount to make such payments as are provided in

12  part I of this chapter.

13         Section 6.  Section 122.26, Florida Statutes, is

14  amended to read:

15         122.26  Funds.--There shall be paid into the State and

16  County Officers and Employees' Retirement Trust Fund, provided

17  in former  s. 122.17, contributions by members of division B

18  for benefits payable to members under this system, and all

19  amounts appropriated for such purpose by the state.  There is

20  hereby created in the State Treasury a fund to be known as the

21  Social Security Contribution Trust Fund, into which shall be

22  deposited contributions required of members for social

23  security coverage, and such amounts as may be appropriated by

24  the state for that purpose.

25         Section 7.  Subsection (2) of section 122.27, Florida

26  Statutes, is amended to read:

27         122.27  Contributions.--From and after the date of the

28  execution of the agreement, the officer or board paying the

29  salary of a member of division B shall withhold the following

30  from such salary:

31  

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 1         (2)  The percentage of such salary, which shall

 2  constitute the contribution of the member required for social

 3  security coverage as now or hereafter fixed by relevant

 4  federal statutes.  The officer or board so withholding such

 5  percentage of salary shall submit deposit the same without

 6  delay to the Internal Revenue Fund as directed by the Social

 7  Security Administration in the Social Security Contribution

 8  Trust Fund.

 9         Section 8.  Section 122.30, Florida Statutes, is

10  amended to read:

11         122.30  Appropriations.--

12         (1)  There is hereby annually appropriated from the

13  intangible tax fund of the state to the department as the

14  state agency designated in chapter 650, a sum not to exceed

15  $10,000 to defray the expenses of such agency in connection

16  with its continuing duties in relation to the social security

17  coverage provided by this law.

18         (2)  If under the agreement social security coverage is

19  retroactively applicable to members of division B, there is

20  appropriated out of the State and County Officers and

21  Employees' Retirement Trust Fund and into the Social Security

22  Contribution Trust Fund the amount required by applicable

23  federal laws and regulations to be paid with respect to

24  periods prior to date of execution of the agreement.

25         (1)(3)  There is appropriated a sufficient amount out

26  of the State and County Officers and Employees' Retirement

27  Trust Fund to the administrator to make payments to members of

28  division B as provided by law.

29         (4)  There is appropriated out of the Social Security

30  Contribution Trust Fund for payment into the contribution fund

31  established by  s. 650.06, from time to time, such amounts as

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 1  may be required for the social security coverage of the

 2  members of division B.

 3         (2)(5)  In addition to amounts appropriated by other

 4  provisions of this chapter or other laws to defray the cost of

 5  administration of this system, there is hereby appropriated

 6  out of the Intangible Tax Fund of the state for use of the

 7  department in its administration of the two divisions of this

 8  system, the sum of $100,000, or so much thereof as may be

 9  required for that purpose.

10         (6)  If in any fiscal year the amounts provided in this

11  chapter to be paid into the State and County Officers and

12  Employees' Retirement Trust Fund by the state for members in

13  divisions A and B of this system, and the amount required to

14  be paid by the state into the Social Security Contribution

15  Trust Fund for the members in division B of this system, as

16  herein provided, shall exceed the amount available for such

17  purposes in the Intangible Tax Fund, until the date of

18  adjournment of the first session of the Legislature subsequent

19  to the occurring of such deficiency, there is appropriated

20  from the General Revenue Fund of the state and payable into

21  the State and County Officers and Employees' Retirement Trust

22  Fund and the Social Security Contribution Trust Fund, or

23  either of said latter funds, an amount equal to such

24  deficiency.

25         (7)  There is hereby appropriated out of the State and

26  County Officers and Employees' Retirement Trust Fund and into

27  the Social Security Contribution Trust Fund the amount

28  required by applicable federal laws and regulations to be paid

29  with respect to 1956, 1957, 1958, and 1959 social security

30  coverage of the members of this system who transfer from

31  division A to division B thereof between July 1, 1959, and

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 1  December 1, 1959, and of the deemed members of this system who

 2  became contributing members after December 31, 1957, and who,

 3  by December 1, 1959, qualify for retroactive social security

 4  coverage.

 5         (8)  There is hereby appropriated out of the State and

 6  County Officers and Employees' Retirement Trust Fund and into

 7  the Social Security Contribution Trust Fund the amount

 8  required by federal laws and regulations with respect to

 9  social security coverage for years after 1955 of the members

10  of this system who transfer from division A to division B in

11  accordance with s. 122.24(3)(c) and qualify for retroactive

12  social security coverage.

13         Section 9.  Section 122.35, Florida Statutes, is

14  amended to read:

15         122.35  Funding.--

16         (1)  Commencing July 1, 1967, for all state agencies

17  and commencing October 1, 1967, for all other agencies with

18  employees who are members under this chapter, former ss.

19  122.17 and 122.30(4) shall be of no further force and effect

20  and each officer or board paying salaries to members and

21  withholding contributions required of members under this

22  chapter for purposes of providing retirement benefits and

23  social security benefits to or on behalf of such members,

24  shall budget, set aside and pay over to account B of the

25  intangible tax trust fund, herein created, matching payments

26  in the following specified amounts:

27         (a)1.  An amount equal to the amount of member

28  contributions paid to the State and County Officers and

29  Employees' Retirement Trust Fund as specified in ss. 122.03

30  and 122.27 but excluding any additional contributions required

31  of high hazard members under s. 122.34; and

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 1         2.  Commencing January 1, 1993, an additional amount

 2  equal to 3.99 percent of each installment of salary to

 3  members; and

 4         (b)  An amount equal to the amount of member social

 5  security contributions withheld, to be paid to the Internal

 6  Revenue Service Social Security Contribution Trust Fund as

 7  specified in s. 122.27.

 8         (2)  The monthly payments required by subsection (1)

 9  shall be payable within 10 days after the first day of each

10  calendar month after July 1, 1967, for all state agencies and

11  October 1, 1967, for all other agencies. The state funds

12  required to be paid hereunder shall be provided and paid from

13  the sources as set forth in subsection subsections (3) and

14  (4).

15         (3)  The appropriations provided each state agency each

16  fiscal year shall include sufficient amounts to pay the

17  matching contributions for social security and retirement as

18  required by this section and the matching contributions for

19  retirement required of state agencies under s. 238.11(1)(a).

20  No state agency, whether its funds are provided by state

21  appropriation or not, shall employ any person or maintain any

22  person on its payroll unless it has allotted for such person

23  sufficient funds to meet these required payments.

24         (4)  Effective December 1, 1970, officer and employee

25  contributions and employer matching contributions required by

26  division A and division B of this chapter shall be paid as

27  required in accordance with s. 121.061 and procedures

28  established therefor.

29         (5)  Effective January 1987, social security

30  contributions withheld on behalf of a member of division B of

31  this chapter and employer matching social security

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 1  contributions paid on behalf of such member shall be submitted

 2  to the Internal Revenue Service as required by the Social

 3  Security Administration.

 4         (4)  Effective October 1, 1967, the proceeds of the

 5  intangible tax collections of the state remaining after the

 6  payment of administrative expenses, commissions which are

 7  applicable, and other costs incident to its collection shall

 8  be set aside into an account designated as account B of the

 9  Intangible Tax Trust Fund, which account shall also receive

10  all of the matching payments for retirement and social

11  security remitted by each officer or board as provided in

12  subsection (1).  The amounts received and deposited into

13  account B of the Intangible Tax Trust Fund are appropriated

14  and shall be used for the following purposes and paid out on

15  the priority basis as shown below:

16         (a)  First, from the funds accumulated in account B

17  there shall be transferred:

18         1.  To the Social Security Contribution Trust Fund, an

19  amount equal to the social security contributions remitted by

20  each officer or board to said fund as specified in s. 122.27.

21         2.  To the State and County Officers and Employees'

22  Retirement Fund, an amount equal to the retirement

23  contributions withheld from the salaries of members and

24  remitted by each officer or board to said fund as required by

25  ss. 122.03 and 122.27, but excluding any additional

26  contributions required of high hazard members under s. 122.34;

27  provided, however, that during the 1967-1969 biennium the

28  amount transferred to said account shall not exceed the total

29  amount received in account B from the various state and county

30  agencies for retirement matching purposes.

31  

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 1         (b)  After the retirement and social security

 2  contributions of all members have been matched as provided in

 3  paragraph (a), the balance remaining in account B of the

 4  Intangible Tax Trust Fund shall be distributed as follows:

 5         1.  Each county shall receive each fiscal year ending

 6  June 30 an allocation in an amount equal to 55 percent of the

 7  total net intangible taxes collected and remitted to the

 8  Department of Revenue by the tax collector of the county

 9  during the prior fiscal year.

10         a.  Commencing October 1, 1967, and every October 1

11  thereafter and continuing on the first day of each subsequent

12  month through June 30 of each fiscal year each board of county

13  commissions of the several counties of the state shall receive

14  an allocation from account B of the Intangible Tax Trust Fund.

15  This allocation shall not include the school boards of the

16  several counties of the state.  The amount of said monthly

17  allocation shall be equal to the average amount required to be

18  matched by the Intangible Tax Trust Fund for the corresponding

19  months during the 1966-1967 fiscal year as computed by the

20  Comptroller, or one-twelfth of the Comptroller's estimate of

21  the county's allocation, whichever is smaller, and an

22  adjustment to reconcile the monthly allocations with the

23  actual amount to be received pursuant to this subparagraph,

24  shall be made not later than 60 days after the end of the

25  fiscal year.

26         b.  Each county, county agency and school board shall

27  pay all matching cost for retirement and social security as

28  required by this act and s. 238.11(1), notwithstanding the

29  provisions of any other law.

30         2.  The balance remaining in account B of the

31  Intangible Tax Trust Fund after the retirement and social

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 1  security contributions have been matched and the allocations

 2  to each county have been paid as provided in this act, shall

 3  be paid over to the General Revenue Fund of the state.

 4         (c)  The amounts allocated to the several counties from

 5  account B of the Intangible Tax Trust Fund shall be paid by

 6  the Department of Revenue to the respective boards of county

 7  commissioners who shall deposit same in the general fund of

 8  the county, and may expend them for any lawful county purpose.

 9  These amounts may be used to assist any county officer or

10  agency within the county including school boards to make the

11  matching payments for retirement and social security as

12  required by law.  Provided, however, should the income of any

13  constitutional fee officer in any year be insufficient to make

14  the matching payments required by this act, the boards of

15  county commissioners shall provide such fee officer sufficient

16  funds from the allocation received under this law to make

17  these required payments.

18         (d)  Should any officer or board other than a state

19  officer or board fail to make the retirement and social

20  security contributions required herein, the Department of

21  Revenue shall deduct the amount owed by the officer or board

22  from the allocation accruing to the credit of the county

23  affected, or the Department of Revenue shall deduct the amount

24  owed from any other funds to be distributed by him or her to

25  the officer or board using the procedure he or she shall deem

26  most appropriate.  The amounts so deducted shall remain in or

27  be transferred to account B of the Intangible Tax Trust Fund

28  for further distribution in accordance with this subsection.

29         (e)  Should any officer or board other than a state

30  officer or board, for whom the tax collector collects taxes,

31  fail to make the retirement and social security contributions

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 1  required by this act, the tax collector, at the request of the

 2  Department of Revenue and upon receipt of a certificate from

 3  him or her showing the amount owed account B by the officer or

 4  board, shall deduct the amount so certified from any taxes

 5  collected for the officer or board and remit the amount to the

 6  Department of Revenue for deposit in account B of the

 7  Intangible Tax Trust Fund.

 8         (f)  The boards of county commissioners of each county

 9  and the Department of Revenue, acting individually or jointly,

10  are hereby authorized to file and maintain action in the

11  courts of this state against any county agency to require it

12  to remit any retirement or social security matching payments

13  due account B of the Intangible Tax Trust Fund under the

14  provisions of this law.

15         Section 10.  Subsections (12), (13), (14), (15), and

16  (16) of section 253.03, Florida Statutes, are amended to read:

17         253.03  Board of trustees to administer state lands;

18  lands enumerated.--

19         (12)  There is hereby established within the Department

20  of Environmental Protection the Forfeited Property Trust Fund,

21  to be used as a nonlapsing revolving fund exclusively for the

22  purposes of subsection (13).

23         (12)(13)  The Board of Trustees of the Internal

24  Improvement Trust Fund is hereby authorized to administer,

25  manage, control, conserve, protect, and sell all real property

26  forfeited to the state pursuant to ss. 895.01-895.09 or

27  acquired by the state pursuant to s. 607.0505 or s. 620.192.

28  The board is directed to immediately determine the value of

29  all such property and shall ascertain whether the property is

30  in any way encumbered. If the board determines that it is in

31  the best interest of the state to do so, funds from the

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 1  Internal Improvement Forfeited Property Trust Fund may be used

 2  to satisfy any such encumbrances. If forfeited property

 3  receipts are not the Forfeited Property Trust Fund does not

 4  contain a balance sufficient to satisfy encumbrances on the

 5  property and expenses permitted under this section, funds from

 6  the Land Acquisition Trust Fund may be used to satisfy any

 7  such encumbrances and expenses. All property acquired by the

 8  board pursuant to s. 607.0505, s. 620.192, or ss.

 9  895.01-895.09 shall be sold as soon as commercially feasible

10  unless the Attorney General recommends and the board

11  determines that retention of the property in public ownership

12  would effectuate one or more of the following policies of

13  statewide significance: protection or enhancement of

14  floodplains, marshes, estuaries, lakes, rivers, wilderness

15  areas, wildlife areas, wildlife habitat, or other

16  environmentally sensitive natural areas or ecosystems; or

17  preservation of significant archaeological or historical sites

18  identified by the Secretary of State. In such event the

19  property shall remain in the ownership of the board, to be

20  controlled, managed, and disposed of in accordance with this

21  chapter, and the Internal Improvement Forfeited Property Trust

22  Fund shall be reimbursed from the Land Acquisition Trust Fund,

23  or other appropriate fund designated by the board, for any

24  funds expended from the Internal Improvement Forfeited

25  Property Trust Fund pursuant to this subsection in regard to

26  such property. Upon the recommendation of the Attorney

27  General, the board may reimburse the investigative agency for

28  its investigative expenses, costs, and attorneys' fees, and

29  may reimburse law enforcement agencies for actual expenses

30  incurred in conducting investigations leading to the

31  forfeiture of such property from funds deposited in the

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 1  Internal Improvement Forfeited Property Trust Fund of the

 2  Department of Environmental Protection. The proceeds of the

 3  sale of property acquired under s. 607.0505, s. 620.192, or

 4  ss. 895.01-895.09 shall be distributed as follows:

 5         (a)  After satisfaction of any valid claims arising

 6  under the provisions of s. 895.09(1)(a) or (b), any moneys

 7  used to satisfy encumbrances and expended as costs of

 8  administration, appraisal, management, conservation,

 9  protection, sale, and real estate sales services and any

10  interest earnings lost to the Land Acquisition Trust Fund as

11  of a date certified by the Department of Environmental

12  Protection shall be replaced first in the Land Acquisition

13  Trust Fund, if those funds were used, and then in the

14  Forfeited Property Trust Fund; and

15         (b)  The remainder shall be distributed as set forth in

16  s. 895.09.

17         (13)(14)  For applications not reviewed pursuant to s.

18  373.427, the department must review applications for the use

19  of state-owned submerged lands, including a purchase, lease,

20  easement, disclaimer, or other consent to use such lands and

21  must request submittal of all additional information necessary

22  to process the application. Within 30 days after receipt of

23  the additional information, the department must review the

24  information submitted and may request only that information

25  needed to clarify the additional information, to process the

26  appropriate form of approval indicated by the additional

27  information, or to answer those questions raised by, or

28  directly related to, the additional information. An

29  application for the authority to use state-owned submerged

30  land must be approved, denied, or submitted to the board of

31  trustees for approval or denial within 90 days after receipt

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 1  of the original application or the last item of timely

 2  requested additional information. This time is tolled by any

 3  notice requirements of s. 253.115 or any hearing held under

 4  ss. 120.569 and 120.57. If the review of the application is

 5  not completed within the 90-day period, the department must

 6  report quarterly to the board the reasons for the failure to

 7  complete the report and provide an estimated date by which the

 8  application will be approved or denied. Failure to comply with

 9  these time periods shall not result in approval by default.

10         (14)(15)  Where necessary to establish a price for the

11  sale or other disposition of state lands, including leases or

12  easements, the Division of State Lands may utilize appropriate

13  appraiser selection and contracting procedures established

14  under s. 253.025.  The board of trustees may adopt rules to

15  implement this subsection.

16         (15)(16)  The Board of Trustees of the Internal

17  Improvement Trust Fund, and the state through its agencies,

18  may not control, regulate, permit, or charge for any severed

19  materials which are removed from the area adjacent to an

20  intake or discharge structure pursuant to an exemption

21  authorized in s. 403.813(2)(f) and (r).

22         Section 11.  Paragraphs (b) and (c) of subsection (2)

23  of section 607.1901, Florida Statutes, are amended to read:

24         607.1901  Corporations Trust Fund creation; transfer of

25  funds.--

26         (2)

27         (b)  In the first 6 months of any fiscal year, an

28  amount equal to 2.9 percent of all moneys deposited each month

29  in the fund is transferred to the General Revenue Corporation

30  Tax Administration Trust Fund created pursuant to s. 213.31.

31  

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 1         (c)  In the last 6 six months of any fiscal year, an

 2  amount equal to 45.9 43 percent of all moneys deposited each

 3  month into the fund is transferred to the General Revenue

 4  Fund.

 5         Section 12.  Subsections (1) and (2) of section 650.04,

 6  Florida Statutes, are amended to read:

 7         650.04  Contributions by state employees.--

 8         (1)  Every employee of the state whose services are

 9  covered by an agreement entered into under s. 650.03 shall be

10  required to pay for the period of such coverage, into the

11  Social Security Contribution Trust Fund established by s.

12  650.06, contributions, with respect to wages as defined in s.

13  650.02, equal to the amount of the employee tax which would be

14  imposed by the Federal Insurance Contributions Act if such

15  services constituted employment within the meaning of that

16  act.  Such liability shall arise in consideration of the

17  employee's retention in the service of the state, or the

18  employee's entry upon such service, after the enactment of

19  this chapter.

20         (2)  The contribution imposed by this section shall be

21  collected by deducting the amount of the contribution from

22  wages as and when paid, but failure to make such deduction

23  shall not relieve the employee from liability for such

24  contribution. Effective January 1987, such contributions shall

25  be submitted to the Internal Revenue Service as directed by

26  the Social Security Administration.

27         Section 13.  Section 650.05, Florida Statutes, is

28  amended to read:

29         650.05  Plans for coverage of employees of political

30  subdivisions.--

31  

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 1         (1)  Each political subdivision of the state is hereby

 2  authorized to submit for approval by the state agency a plan

 3  for extending the benefits of Title II of the Social Security

 4  Act, in conformity with the applicable provisions of such act,

 5  to employees of such political subdivisions.  Each such plan

 6  and any amendment thereof shall be approved by the state

 7  agency if it is found that such plan, or such plan as amended,

 8  is in conformity with such requirements as are provided in

 9  regulations of the state agency, except that no such plan

10  shall be approved unless:

11         (a)  It is in conformity with the requirements of the

12  Social Security Act and with the agreement entered into under

13  s. 650.03;

14         (b)  It provides that all services which constitute

15  employment as defined in s. 650.02 are performed in the employ

16  of the political subdivisions by employees thereof, shall be

17  covered by the plan, except such of those services set forth

18  in s. 650.02(2)(c) as the political subdivision specifically

19  elects to exclude;

20         (c)  It specifies the source or sources from which the

21  funds necessary to make the payments required by paragraph

22  (3)(a) and by subsection (4) are expected to be derived and

23  contains reasonable assurance that such sources will be

24  adequate for such purpose;

25         (d)  It provides for such methods of administration of

26  the plan by the political subdivision as are found by the

27  state agency to be necessary for the proper and efficient

28  administration of the plan;

29         (e)  It provides that the political subdivision will

30  make such reports, in such form and containing such

31  information, as the state agency may from time to time

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 1  require, and comply with such provisions as the state agency

 2  or the Secretary of Health, Education, and Welfare may from

 3  time to time find necessary to assure the correctness and

 4  verification of such reports; and

 5         (f)  It authorizes the state agency to terminate the

 6  plan in its entirety, in the discretion of the state agency,

 7  if it finds that there has been a failure to comply

 8  substantially with any provisions contained in such plan, such

 9  termination to take effect at the expiration of such notice

10  and on such conditions as may be provided by regulations of

11  the state agency and may be consistent with the provisions of

12  the Social Security Act.

13         (2)  The state agency shall not finally refuse to

14  approve a plan submitted by a political subdivision under

15  subsection (1), and shall not terminate an approved plan,

16  without reasonable notice and opportunity for hearing to the

17  political subdivision affected thereby.  Any final decision of

18  the state agency shall be subject to proper judicial review.

19         (3)(a)  Each political subdivision as to which a plan

20  has been approved under this section shall pay to the Internal

21  Revenue Service into the Social Security Contribution Trust

22  Fund, with respect to wages (as defined in s. 650.02), at such

23  time or times as the Social Security Administration state

24  agency may by regulation prescribe, contributions in the

25  amounts and at the rates specified in the applicable agreement

26  entered into by the state agency under s. 650.03.

27         (b)  Each political subdivision required to make

28  payments under paragraph (a) is authorized, in consideration

29  of the employee's retention in, or entry upon, employment

30  after enactment of this chapter, to impose upon each of its

31  employees, as to services which are covered by an approved

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 1  plan, a contribution with respect to his or her wages as

 2  defined in s. 650.02 not exceeding the amount of the employee

 3  tax which would be imposed by the Federal Insurance

 4  Contributions Act if such services constituted employment

 5  within the meaning of that act, and to deduct the amount of

 6  such contribution from his or her wages as and when paid.

 7  Contributions so collected shall be paid to the Internal

 8  Revenue Service into the Social Security Contribution Trust

 9  Fund in partial discharge of the liability of such political

10  subdivision or instrumentality under paragraph (a).  Failure

11  to deduct such contribution shall not relieve the employee or

12  employer of liability therefor.

13         (4)  Delinquent payments due under paragraph (3)(a)

14  may, with interest of 1 percent for each calendar month or

15  part thereof past the due date, be recovered by action in a

16  court of competent jurisdiction against the political

17  subdivision liable therefor or shall, at the request of the

18  state agency, be deducted from any other moneys payable to

19  such subdivision by any department or agency of the state.

20         (5)  Each political subdivision as to which a plan has

21  been approved shall be liable to the state agency for a

22  proportionate part of the cost of administering this chapter.

23  Such proportionate cost shall be computed and paid in

24  accordance with such regulations relating thereto as may be

25  adopted by the state agency and shall be deposited in the

26  Social Security Administration Trust Fund; and, if any such

27  payment is not made when due, the amount thereof, with

28  interest of 0.5 percent for each calendar month or part

29  thereof past the due date, shall, upon request of the state

30  agency, be deducted from any other moneys payable to such

31  political subdivision by any officer, department, or agency of

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 1  the state, and forthwith paid to the state agency.

 2  Withdrawals from the Social Security Administration Trust Fund

 3  shall be made solely for the payment of costs of administering

 4  this chapter, and any balance in excess of the amount

 5  necessary for administering this chapter shall be transferred

 6  to the state retirement system trust funds established

 7  pursuant to chapter 121 to make up the actuarial deficit in

 8  any of the state retirement systems consolidated thereunder,

 9  and the necessary amounts are hereby appropriated from said

10  funds for these purposes.

11         (4)(6)(a)  Notwithstanding any other provision of this

12  chapter, effective January 1, 1972, all state political

13  subdivisions receiving financial aid that provide social

14  security coverage for their employees pursuant to the

15  provisions of this chapter and the provisions of the various

16  retirement systems as authorized by law shall, in addition to

17  other purposes, utilize all grants-in-aid and other revenue

18  received from the state to pay the employer's share of social

19  security cost.

20         (b)  The grants-in-aid and other revenue referred to in

21  paragraph (a) specifically include, but are not limited to,

22  minimum foundation program grants to public school districts

23  and community colleges; gasoline, motor fuel, intangible,

24  cigarette, racing, and insurance premium taxes distributed to

25  political subdivisions; and amounts specifically appropriated

26  as grants-in-aid for mental health, mental retardation, and

27  mosquito control programs.

28         Section 14.  Paragraph (c) of subsection (1) and

29  paragraphs (a) and (e) of subsection (2) of section 895.09,

30  Florida Statutes, are amended to read:

31  

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 1         895.09  Disposition of funds obtained through

 2  forfeiture proceedings.--

 3         (1)  A court entering a judgment of forfeiture in a

 4  proceeding brought pursuant to s. 895.05 shall retain

 5  jurisdiction to direct the distribution of any cash or of any

 6  cash proceeds realized from the forfeiture and disposition of

 7  the property. The court shall direct the distribution of the

 8  funds in the following order of priority:

 9         (c)  Any claim by the Board of Trustees of the Internal

10  Improvement Trust Fund on behalf of the Internal Improvement

11  Forfeited Property Trust Fund or the Land Acquisition Trust

12  Fund pursuant to s. 253.03(13), not including administrative

13  costs of the Department of Environmental Protection previously

14  paid directly from the Internal Improvement Forfeited Property

15  Trust Fund in accordance with legislative appropriation.

16         (2)(a)  Following satisfaction of all valid claims

17  under subsection (1), 25 percent of the remainder of the funds

18  obtained in the forfeiture proceedings pursuant to s. 895.05

19  shall be deposited as provided in paragraph (b) into the

20  appropriate trust fund of the Department of Legal Affairs or

21  state attorney's office which filed the civil forfeiture

22  action; 25 percent shall be deposited as provided in paragraph

23  (c) into the applicable law enforcement trust fund of the

24  investigating law enforcement agency conducting the

25  investigation which resulted in or significantly contributed

26  to the forfeiture of the property; 25 percent shall be

27  deposited as provided in paragraph (d) in the Substance Abuse

28  Trust Fund of the Department of Children and Family Services;

29  and the remaining 25 percent shall be deposited in the

30  Internal Improvement Forfeited Property Trust Fund of the

31  Department of Environmental Protection. When a forfeiture

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 1  action is filed by the Department of Legal Affairs or a state

 2  attorney, the court entering the judgment of forfeiture shall,

 3  taking into account the overall effort and contribution to the

 4  investigation and forfeiture action by the agencies that filed

 5  the action, make a pro rata apportionment among such agencies

 6  of the funds available for distribution to the agencies filing

 7  the action as provided in this section. If multiple

 8  investigating law enforcement agencies have contributed to the

 9  forfeiture of the property, the court which entered the

10  judgment of forfeiture shall, taking into account the overall

11  effort and contribution of the agencies to the investigation

12  and forfeiture action, make a pro rata apportionment among

13  such investigating law enforcement agencies of the funds

14  available for distribution to the investigating agencies as

15  provided in this section.

16         (e)  On a quarterly basis, any excess funds from

17  forfeited property receipts, including interest, over $1

18  million deposited in the Internal Improvement Forfeited

19  Property Trust Fund of the Department of Environmental

20  Protection in accordance with paragraph (a) shall be deposited

21  in the Substance Abuse Trust Fund of the Department of

22  Children and Family Services.

23         Section 15.  Paragraph (b) of subsection (5) of section

24  932.7055, Florida Statutes, is amended to read:

25         932.7055  Disposition of liens and forfeited

26  property.--

27         (5)  If the seizing agency is a state agency, all

28  remaining proceeds shall be deposited into the General Revenue

29  Fund.  However, if the seizing agency is:

30         (b)  The Department of Environmental Protection, the

31  proceeds accrued pursuant to the provisions of the Florida

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 1  Contraband Forfeiture Act shall be deposited into the Internal

 2  Improvement Forfeited Property Trust Fund or into the

 3  department's Federal Law Enforcement Trust Fund as provided in

 4  s. 20.2553, as applicable.

 5         Section 16.  Section 20.2553, Florida Statutes, is

 6  repealed.

 7         Section 17.  Subsection (7) of section 110.151, Florida

 8  Statutes, is repealed.

 9         Section 18.  Section 213.31, Florida Statutes, is

10  repealed.

11         Section 19.  If any law that is amended by this act was

12  also amended by a law enacted at the 2003 Regular Session of

13  the Legislature, such laws shall be construed as if they had

14  been enacted during the same session of the Legislature, and

15  full effect should be given to each if that is possible.

16         Section 20.  This act shall take effect July 1, 2003.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Terminates specified trust funds within the Department of
      Management Services, the Department of Revenue, and the
21    Department of Environmental Protection. Provides for
      disposition of the balances of those trust funds.
22    Provides for certain social security contributions to be
      paid to the Internal Revenue Service rather than into the
23    Social Security Contribution Trust Fund. (See bill for
      details.)
24  

25  

26  

27  

28  

29  

30  

31  

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