HOUSE AMENDMENT Bill No. SB 16A
1	CHAMBER ACTION
2	Senate House
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12	Representative Waters offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. (1) The following trust funds within the
17	following departments are terminated:
18	(a) Within the Department of State:
19	1. The Corporations Trust Fund, FLAIR number 45-2-130.
20	2. The Coconut Grove Playhouse Trust Fund, FLAIR number
21	45-2-097.
22	3. The Public Access Data Systems Trust Fund, FLAIR number
23	45-2-542.
24	(b) Within the Department of Transportation, the Turnpike
25	Controlled Access Trust Fund, FLAIR number 55-2-334.
26	(2) Unless otherwise provided, all current balances
27	remaining in, and all revenues of, each trust fund terminated by
28	this act shall be transferred to the General Revenue Fund.
29	(3) For each trust fund terminated by this act, the agency
30	that administers the trust fund shall pay any outstanding debts
31	and obligations of the terminated fund as soon as practicable,
32	and the Chief Financial Officer shall close out and remove the
33	terminated fund from the various state accounting systems using
34	generally accepted accounting principles concerning warrants
35	outstanding, assets, and liabilities.
36	Section 2. Section 15.09, Florida Statutes, is amended to
37	read:
38	15.09 Fees.--
39	(1) The fees, except as provided by law, to be collected
40	by the Department of State, are:
41	(a) For searching of papers or records, $3.50, except that
42	there shall be no charge for telephone requests for general
43	corporate information, including the corporation's status, names
44	of officers and directors, address of principal place of
45	business, and name and address of resident agent.
46	(b) For providing a certificate with seal, $8.75; however,
47	no fee shall be charged for providing a certificate with seal to
48	any officer appointed to an office requiring Senate
49	confirmation.
50	(c) For furnishing statistical information and for copying
51	any document not mentioned, $1 per page or fraction thereof.
52	(2) The department may in its discretion establish a
53	reasonable fee for filing or copying any document or instrument
54	not mentioned herein or provided for in other laws.
55	(3) All fees arising from certificates of election or
56	appointment to office and from commissions to officers shall be
57	paid to the Treasurer for deposit in the General Revenue Fund.
58	(4) All funds collected by the Division of Corporations of
59	the department shall be deposited in the General Revenue
60	Corporations TrustFund.
61	(5)(a) There is created within the Department of State a
62	Public Access Data Systems Trust Fund, which shall be used by
63	the department to purchase information systems and equipment
64	that provide greater public accessibility to the information and
65	records maintained by it. Notwithstanding any other provision of
66	law, the Divisions of Licensing, Elections, and Corporations of
67	the department shall transfer each fiscal year to the Public
68	Access Data Systems Trust Fund from their respective trust
69	funds:
70	1. An amount equal to 2 percent of all revenues received
71	for the processing of documents, filings, or information
72	requests.
73	2. All public access network revenues collected pursuant
74	to s. 15.16 or s. 119.085.
75	(b) Funds from the Public Access Data Systems Trust Fund
76	may be appropriated for the operations of the department.
77	Section 3. Subsection (1) of section 215.22, Florida
78	Statutes, as amended by section 63 of chapter 2002-402, Laws of
79	Florida, is amended to read:
80	215.22 Certain income and certain trust funds exempt.--
81	(1) The following income of a revenue nature or the
82	following trust funds shall be exempt from the deduction
83	required by s. 215.20(1):
84	(a) Student financial aid or prepaid tuition receipts.
85	(b) Trust funds administered by the Department of the
86	Lottery.
87	(c) Departmental administrative assessments for
88	administrative divisions.
89	(d) Funds charged by a state agency for services provided
90	to another state agency, by a state agency for services provided
91	to the judicial branch, or by the judicial branch for services
92	provided to a state agency.
93	(e) State, agency, or political subdivision investments by
94	the Chief Financial OfficerTreasurer.
95	(f) Retirement or employee benefit funds.
96	(g) Self-insurance programs administered by the Chief
97	Financial OfficerTreasurer.
98	(h) Funds held for the payment of citrus canker
99	eradication and compensation.
100	(i) Medicaid, Medicare, or third-party receipts for client
101	custodial care.
102	(j) Bond proceeds or revenues dedicated for bond
103	repayment, except for the Documentary Stamp Clearing Trust Fund
104	administered by the Department of Revenue.
105	(k) Trust funds administered by the Department of
106	Education.
107	(l) Trust funds administered by the Department of
108	Transportation.
109	(m) Trust funds administered by the Department of
110	Agriculture and Consumer Services.
111	(n) The Motor Vehicle License Clearing Trust Fund.
112	(o) The Solid Waste Management Trust Fund.
113	(p) The Coconut Grove Playhouse Trust Fund.
114	(p)(q)The Communications Working Capital Trust Fund of
115	the Department of Management Services.
116	(q)(r)The Camp Blanding Management Trust Fund.
117	(r)(s)The Indigent Criminal Defense Trust Fund.
118	(s)(t)That portion of the Highway Safety Operating Trust
119	Fund funded by the motorcycle safety education fee collected
120	pursuant to s. 320.08(1)(c).
121	(t)(u)The Save the Manatee Trust Fund.
122	(u)(v)Tobacco Settlement Trust Funds administered by any
123	agency.
124	(v)(w)The Save Our Everglades Trust Fund.
125	(w)(x)The Florida Center for Nursing Trust Fund.
126	Section 4. Subsection (4) of section 265.284, Florida
127	Statutes, is amended to read:
128	265.284 Chief cultural officer; director of division;
129	powers and duties.--
130	(4) There is created the Florida Fine Arts Trust Fund to
131	be administered by the Department of State for the purposes set
132	forth by law. The Florida Fine Arts Trust Fund shall consist of
133	moneys appropriated by the Legislature and moneys contributed to
134	the fund from any other sourcereceive distributions as provided
135	in s. 320.08058.
136	Section 5. Section 265.2861, Florida Statutes, is amended
137	to read:
138	265.2861 Cultural Institutions Program; trust fund.--
139	(1) CULTURAL INSTITUTIONS TRUST FUND.--There is created a
140	Cultural Institutions Trust Fund to be administered by the
141	Department of State for the purposes set forth in this section
142	and to support the following programs as follows:
143	(a) For Statewide arts grants, $2.7 million.
144	(b) For Arts in education and visiting arts programs,
145	$250,000.
146	(c) For The State Touring Program, $200,000. First
147	priority for the issuance of State Touring Program grants shall
148	be given to applicants that reside in counties with a population
149	of 75,000 or less.
150	(d) ForLocal arts agencies or state service
151	organizations, $400,000.
152	(e)1. For the officially designated Art Museum of the
153	State of Florida described in s. 1004.45, $2.2 million, and for
154	state-owned cultural facilities assigned to the Department of
155	State, which receive a portion of any operating funds from the
156	Department of State and one of the primary purposes of which is
157	the presentation of fine arts or performing arts, $500,000.
158	2. For fiscal year 2001-2002 only, the provisions of
159	subparagraph 1. relating to state-owned cultural facilities
160	shall not be applicable. This subparagraph expires July 1, 2002.
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162	The trust fund shall consist of moneys appropriated by the
163	Legislature, moneys deposited pursuant to s. 607.1901(2),and
164	moneys contributed to the fund from any other source.
165	(2) CULTURAL INSTITUTIONS PROGRAM.--
166	(a) There is created within the Department of State a
167	Cultural Institutions Program.
168	(b) The Department of State shall establish, by rule,
169	criteria for the award of grants to cultural organizations,
170	including criteria relating to program quality, potential public
171	exposure and benefit, fiscal stability, ability to properly
172	administer grant funds, procedures for peer evaluation, and
173	other matters deemed necessary and appropriate to further the
174	purposes of this section. The Division of Cultural Affairs shall
175	award grants to supplement the financial support of cultural
176	organizations that have displayed a sustained commitment to
177	cultural excellence and to recognize organizations for superior
178	cultural contributions that have regional or statewide impact.
179	(c) Cultural organizations shall receive funding by the
180	Division of Cultural Affairs from the Cultural Institutions
181	Trust Fund.
182	(d) Except for programs that receive funds for challenge
183	grants, grants promoting arts education, grants for touring
184	programs, and grants for international cultural exchange
185	programs, an organization that receives a grant under the
186	Cultural Institutions Program is precluded from receiving funds
187	from other art grants programs administered under s. 265.286, s.
188	265.608, or s. 265.609, by the Division of Cultural Affairs.
189	(d)(e)1. Upon appropriation by the Legislature of funds
190	for the Cultural Institutions Program, the Department of State
191	shall execute a contract with each organization, which must
192	contain information relative to the program, the projected
193	operating income and expenses, and other provisions deemed
194	necessary by the department for the administration of the
195	program.
196	2. Each recipient organization must submit an annual
197	report to the Division of Cultural Affairs detailing the
198	expenditure of funds and is subject to the auditing provisions
199	and rules of the division.
200	(e)(f)Each organization shall cause an annual postaudit
201	or independent attestation of its financial accounts, to be
202	conducted by an independent certified public accountant. The
203	annual audit report must be submitted to the Department of State
204	for review. The department may require and receive from the
205	recipient institution, or from its independent auditor, any
206	detail or supplemental data relative to the operation of such
207	institution.
208	(f)(g)The Department of State shall adopt rules necessary
209	to administer this section.
210	Section 6. Section 265.2901, Florida Statutes, is
211	repealed.
212	Section 7. Notwithstanding the provisions of chapters 253
213	and 270, Florida Statutes, the Board of Trustees of the Internal
214	Improvement Trust Fund may convey, by quitclaim deed, all
215	property described in B. O. T. Lease No. 3185, as amended,
216	directly to the Coconut Grove Playhouse, Inc., in accordance
217	with the March 21, 2003, Memorandum of Understanding between the
218	Department of State and the Coconut Grove Playhouse, Inc.
219	Consideration for such conveyance shall be, at a minimum,
220	$1,113,031, to be deposited into the General Revenue Fund.
221	Section 8. Section 267.0617, Florida Statutes, is amended
222	to read:
223	267.0617 Historic Preservation Grant Program.--
224	(1) There is hereby created within the division the
225	Historic Preservation Grant Program, which shall make grants of
226	moneys appropriated by the Legislature, moneys deposited
227	pursuant to ss. 550.0351(2) and 607.1901(2)(g), and moneys
228	contributed for that purpose from any other source. The program
229	funds shall be used by the division for the purpose of financing
230	grants in furtherance of the purposes of this section.
231	(1)(2) The division mayis authorized to conduct and carry
232	out a program to provideofhistoric preservation grants-in-aid,
233	including matching grants, to any department or agency of the
234	state; any unit of county, municipal, or other local government;
235	any corporation, partnership, or other organization, whether
236	public or private or whether or not for profit; or any
237	individual for projects having as their purpose the
238	identification, acquisition, protection, preservation,
239	rehabilitation, restoration, or construction of historic sites
240	and properties, or Florida history, or the planning of such
241	activities. Funds appropriated from general revenue for the
242	historic preservation grants-in-aid program shall not be
243	provided for a project owned by private individuals or owned by
244	for-profit corporations. All moneys received from any source as
245	appropriations, deposits, or contributions to this program shall
246	be paid and credited to the Historical Resources Operating Trust
247	Fund.
248	(2)(3)All grants of state funds to assist the
249	preservation of historic properties shall be made from the
250	Historical Resources Operating Trust Fund and may be awarded
251	only pursuant to applications for such assistance made to the
252	Division of Historical Resources. The Florida Historical
253	Commission shall review each application for a special category
254	historic preservation grant-in-aid. Special category historic
255	preservation grants-in-aid are those reviewed and recommended by
256	the Secretary of State for submission for legislative funding
257	consideration. Grant review panels appointed by the Secretary of
258	State and chaired by a member of the Florida Historical
259	Commission shall review each application for other historic
260	preservation grants-in-aid. The reviewing body shall submit
261	annually to the Secretary of State for approval lists of all
262	applications that are recommended by the reviewing body for the
263	award of grants, arranged in order of priority.
264	(3)(4)The Division of Historical Resources may accept and
265	administer moneys appropriated to it for the purpose of
266	providing grants for the projects approved by the Secretary of
267	State.
268	(4)(5)The Division of Historical Resources shall adopt
269	rules prescribing the criteria to be applied by the Florida
270	Historical Commission and the grant review panels in
271	recommending applications for the award of grants and rules
272	providing for the administration of the other provisions of this
273	section.
274	Section 9. Subsection (12) of section 320.08058, Florida
275	Statutes, is amended to read:
276	320.08058 Specialty license plates.--
277	(12) FLORIDA ARTS LICENSE PLATES.--
278	(a) The Department of Highway Safety and Motor Vehicles
279	shall develop a Florida arts license plate as provided in this
280	section. In small letters, the word "Florida" must appear at the
281	top of the plate, and the word "Art" or "Arts" or a combination
282	of words including the word "Art" or "Arts" may appear at the
283	bottom of the plate.
284	(b) The license plate annual use fees are to be annually
285	distributed as follows:
286	1. All fees collected must be forwarded quarterly to the
287	single arts council officially designated by the county in
288	direct proportion to the amounts of fees collected in each
289	county. If there is no county arts council, fees collected must
290	be forwarded to such other agency in the county as the highest
291	ranking county administrative official designates, to be applied
292	by the arts council or agency to support arts organizations,
293	arts programs, and arts activities within the countyDivision of
294	Cultural Affairs of the Department of State, together with a
295	report setting forth the amount of such fees collected in each
296	county, and must be deposited into the Florida Fine Arts Trust
297	Fund.
298	2. The Division of Cultural Affairs shall distribute the
299	fees forwarded to it by the department to the counties in the
300	amounts set forth in the report required under subparagraph 1.,
301	in each case to the county arts council for such county or, if
302	there is none, to such other agency in the county as the
303	division designates, to be applied by the council or agency to
304	support art organizations, programs, and activities within the
305	county.
306	(c) The Division of Cultural Affairs shall have the
307	authority to administer this subsection under rules established
308	by the Division of Cultural Affairs. The agency may adopt only
309	rules that implement, interpret, or make specific the particular
310	powers and duties granted by this subsection.
311	Section 10. A project that is ranked but not funded for
312	the fiscal year 2003-2004 grant cycle under the Department of
313	State's Historical Facilities Special Category Fixed Capital
314	Outlay Grants Program, Cultural Facilities Fixed Capital Outlay
315	Grants Program, Regional Cultural Facilities Grants Program, or
316	Library Construction Fixed Capital Outlay Grants Program shall,
317	if it continues to meet applicable criteria for the grant
318	program for which it is ranked, maintain its relative ranking
319	for the fiscal year 2004-2005 grant cycle and shall receive
320	priority ranking over new projects applying for the fiscal year
321	2004-2005 grant cycle.
322	Section 11. Sections 607.1901, 607.19011, 617.1901, and
323	620.183, Florida Statutes, are repealed.
324	Section 12. Subsection (3) of section 607.193, Florida
325	Statutes, is amended to read:
326	607.193 Supplemental corporate fee.--
327	(3) The Department of State shall adopt rules and
328	prescribe forms necessary to carry out the purposes of this
329	section. Notwithstanding s. 607.1901, proceeds from the
330	supplemental corporate fee, including any late charges, shall be
331	deposited into the General Revenue Fund.
332	Section 13. Subsection (13) of section 865.09, Florida
333	Statutes, is amended to read:
334	865.09 Fictitious name registration.--
335	(13) DEPOSIT OF FUNDS.--All funds required to be paid to
336	the Department of State pursuant to this section shall be
337	collected and deposited into the General RevenueCorporations
338	TrustFund.
339	Section 14. If any law amended by this act was also
340	amended by a law enacted at the 2003 Regular Session of the
341	Legislature, such laws shall be construed as if they had been
342	enacted at the same session of the Legislature, and full effect
343	shall be given to each if possible.
344	Section 15. This act shall take effect July 1, 2003.
345
346
347	================= T I T L E A M E N D M E N T =================
348	Remove the entire title, and insert:
349	A bill to be entitled
350	An act relating to trust funds; terminating specified
351	trust funds within the Department of State and the
352	Department of Transportation; providing for disposition of
353	balances in and revenues of such trust funds; amending s.
354	15.09, F.S.; providing for deposit of all funds collected
355	by the Division of Corporations of the Department of State
356	into the General Revenue Fund; deleting a provision that
357	created and provided uses of the Public Access Data
358	Systems Trust Fund, to conform; amending s. 215.22, F.S.;
359	deleting a reference to the Coconut Grove Playhouse Trust
360	Fund, to conform; updating references to the Treasurer;
361	amending s. 265.284, F.S.; revising sources of funding for
362	the Florida Fine Arts Trust Fund; amending s. 265.2861,
363	F.S.; deleting provisions transferring funds from the
364	Cultural Institutions Trust Fund to certain grant programs
365	and entities; eliminating a funding source of the trust
366	fund; removing a restriction on grant recipients under the
367	Cultural Institutions Program against receiving funds from
368	certain other arts grants programs; repealing s. 265.2901,
369	F.S., relating to the Coconut Grove Playhouse Trust Fund,
370	to conform; providing for conveyance of certain property
371	to the Coconut Grove Playhouse, Inc.; amending s.
372	267.0617, F.S.; removing a provision specifying funding
373	sources for the Historic Preservation Grant Program;
374	amending s. 320.08058, F.S.; changing the distribution of
375	proceeds of the Florida arts license plate annual use
376	fees; directing maintenance of priority rankings for
377	certain Department of State grant programs for fiscal year
378	2004-2005 grant cycles; repealing ss. 607.1901, 607.19011,
379	617.1901, and 620.183, F.S., relating to the Corporations
380	Trust Fund, to conform; amending ss. 607.193 and 865.09,
381	F.S.; deleting cross references and references to the
382	Corporations Trust Fund, to conform; providing for deposit
383	of certain moneys into the General Revenue Fund; providing
384	for construction of the act in pari materia with laws
385	enacted during the 2003 Regular Session of the
386	Legislature; providing an effective date.