CONFERENCE COMMITTEE AMENDMENT
    Bill No. SB 16-A
    Amendment No. __   Barcode 952530
                            CHAMBER ACTION
              Senate                               House
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11  The Conference Committee on SB 16-A recommended the following
12  amendment:
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14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  (1)  The following trust funds within the
19  following departments are terminated:
20         (a)  Within the Department of State:
21         1.  The Corporations Trust Fund, FLAIR number 45-2-130.
22         2.  The Coconut Grove Playhouse Trust Fund, FLAIR
23  number 45-2-097.
24         3.  The Public Access Data Systems Trust Fund, FLAIR
25  number 45-2-542.
26         (b)  Within the Department of Transportation, the
27  Turnpike Controlled Access Trust Fund, FLAIR number 55-2-334.
28         (2)  Unless otherwise provided, all current balances
29  remaining in, and all revenues of, each trust fund terminated
30  by this act shall be transferred to the General Revenue Fund.
31         (3)  For each trust fund terminated by this act, the
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CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 agency that administers the trust fund shall pay any 2 outstanding debts and obligations of the terminated fund as 3 soon as practicable, and the Chief Financial Officer shall 4 close out and remove the terminated fund from the various 5 state accounting systems using generally accepted accounting 6 principles concerning warrants outstanding, assets, and 7 liabilities. 8 Section 2. Section 15.09, Florida Statutes, is amended 9 to read: 10 15.09 Fees.-- 11 (1) The fees, except as provided by law, to be 12 collected by the Department of State, are: 13 (a) For searching of papers or records, $3.50, except 14 that there shall be no charge for telephone requests for 15 general corporate information, including the corporation's 16 status, names of officers and directors, address of principal 17 place of business, and name and address of resident agent. 18 (b) For providing a certificate with seal, $8.75; 19 however, no fee shall be charged for providing a certificate 20 with seal to any officer appointed to an office requiring 21 Senate confirmation. 22 (c) For furnishing statistical information and for 23 copying any document not mentioned, $1 per page or fraction 24 thereof. 25 (2) The department may in its discretion establish a 26 reasonable fee for filing or copying any document or 27 instrument not mentioned herein or provided for in other laws. 28 (3) All fees arising from certificates of election or 29 appointment to office and from commissions to officers shall 30 be paid to the Treasurer for deposit in the General Revenue 31 Fund. 2 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 (4) All funds collected by the Division of 2 Corporations of the department shall be deposited in the 3 General Revenue Corporations Trust Fund. 4 (5)(a) There is created within the Department of State 5 a Public Access Data Systems Trust Fund, which shall be used 6 by the department to purchase information systems and 7 equipment that provide greater public accessibility to the 8 information and records maintained by it. Notwithstanding any 9 other provision of law, the Divisions of Licensing, Elections, 10 and Corporations of the department shall transfer each fiscal 11 year to the Public Access Data Systems Trust Fund from their 12 respective trust funds: 13 1. An amount equal to 2 percent of all revenues 14 received for the processing of documents, filings, or 15 information requests. 16 2. All public access network revenues collected 17 pursuant to s. 15.16 or s. 119.085. 18 (b) Funds from the Public Access Data Systems Trust 19 Fund may be appropriated for the operations of the department. 20 Section 3. Subsection (1) of section 215.22, Florida 21 Statutes, as amended by section 63 of chapter 2002-402, Laws 22 of Florida, is amended to read: 23 215.22 Certain income and certain trust funds 24 exempt.-- 25 (1) The following income of a revenue nature or the 26 following trust funds shall be exempt from the deduction 27 required by s. 215.20(1): 28 (a) Student financial aid or prepaid tuition receipts. 29 (b) Trust funds administered by the Department of the 30 Lottery. 31 (c) Departmental administrative assessments for 3 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 administrative divisions. 2 (d) Funds charged by a state agency for services 3 provided to another state agency, by a state agency for 4 services provided to the judicial branch, or by the judicial 5 branch for services provided to a state agency. 6 (e) State, agency, or political subdivision 7 investments by the Chief Financial Officer Treasurer. 8 (f) Retirement or employee benefit funds. 9 (g) Self-insurance programs administered by the Chief 10 Financial Officer Treasurer. 11 (h) Funds held for the payment of citrus canker 12 eradication and compensation. 13 (i) Medicaid, Medicare, or third-party receipts for 14 client custodial care. 15 (j) Bond proceeds or revenues dedicated for bond 16 repayment, except for the Documentary Stamp Clearing Trust 17 Fund administered by the Department of Revenue. 18 (k) Trust funds administered by the Department of 19 Education. 20 (l) Trust funds administered by the Department of 21 Transportation. 22 (m) Trust funds administered by the Department of 23 Agriculture and Consumer Services. 24 (n) The Motor Vehicle License Clearing Trust Fund. 25 (o) The Solid Waste Management Trust Fund. 26 (p) The Coconut Grove Playhouse Trust Fund. 27 (p)(q) The Communications Working Capital Trust Fund 28 of the Department of Management Services. 29 (q)(r) The Camp Blanding Management Trust Fund. 30 (r)(s) The Indigent Criminal Defense Trust Fund. 31 (s)(t) That portion of the Highway Safety Operating 4 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 Trust Fund funded by the motorcycle safety education fee 2 collected pursuant to s. 320.08(1)(c). 3 (t)(u) The Save the Manatee Trust Fund. 4 (u)(v) Tobacco Settlement Trust Funds administered by 5 any agency. 6 (v)(w) The Save Our Everglades Trust Fund. 7 (w)(x) The Florida Center for Nursing Trust Fund. 8 Section 4. Subsection (4) of section 265.284, Florida 9 Statutes, is amended to read: 10 265.284 Chief cultural officer; director of division; 11 powers and duties.-- 12 (4) There is created the Florida Fine Arts Trust Fund 13 to be administered by the Department of State for the purposes 14 set forth by law. The Florida Fine Arts Trust Fund shall 15 consist of moneys appropriated by the Legislature and moneys 16 contributed to the fund from any other source receive 17 distributions as provided in s. 320.08058. 18 Section 5. Section 265.2861, Florida Statutes, is 19 amended to read: 20 265.2861 Cultural Institutions Program; trust fund.-- 21 (1) CULTURAL INSTITUTIONS TRUST FUND.--There is 22 created a Cultural Institutions Trust Fund to be administered 23 by the Department of State for the purposes set forth in this 24 section and to support the following programs as follows: 25 (a) For Statewide arts grants, $2.7 million. 26 (b) For Arts in education and visiting arts programs, 27 $250,000. 28 (c) For The State Touring Program, $200,000. First 29 priority for the issuance of State Touring Program grants 30 shall be given to applicants that reside in counties with a 31 population of 75,000 or less. 5 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 (d) For Local arts agencies or state service 2 organizations, $400,000. 3 (e)1. For the officially designated Art Museum of the 4 State of Florida described in s. 1004.45, $2.2 million, and 5 for state-owned cultural facilities assigned to the Department 6 of State, which receive a portion of any operating funds from 7 the Department of State and one of the primary purposes of 8 which is the presentation of fine arts or performing arts, 9 $500,000. 10 2. For fiscal year 2001-2002 only, the provisions of 11 subparagraph 1. relating to state-owned cultural facilities 12 shall not be applicable. This subparagraph expires July 1, 13 2002. 14 15 The trust fund shall consist of moneys appropriated by the 16 Legislature, moneys deposited pursuant to s. 607.1901(2), and 17 moneys contributed to the fund from any other source. 18 (2) CULTURAL INSTITUTIONS PROGRAM.-- 19 (a) There is created within the Department of State a 20 Cultural Institutions Program. 21 (b) The Department of State shall establish, by rule, 22 criteria for the award of grants to cultural organizations, 23 including criteria relating to program quality, potential 24 public exposure and benefit, fiscal stability, ability to 25 properly administer grant funds, procedures for peer 26 evaluation, and other matters deemed necessary and appropriate 27 to further the purposes of this section. The Division of 28 Cultural Affairs shall award grants to supplement the 29 financial support of cultural organizations that have 30 displayed a sustained commitment to cultural excellence and to 31 recognize organizations for superior cultural contributions 6 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 that have regional or statewide impact. 2 (c) Cultural organizations shall receive funding by 3 the Division of Cultural Affairs from the Cultural 4 Institutions Trust Fund. 5 (d) Except for programs that receive funds for 6 challenge grants, grants promoting arts education, grants for 7 touring programs, and grants for international cultural 8 exchange programs, an organization that receives a grant under 9 the Cultural Institutions Program is precluded from receiving 10 funds from other art grants programs administered under s. 11 265.286, s. 265.608, or s. 265.609, by the Division of 12 Cultural Affairs. 13 (d)(e)1. Upon appropriation by the Legislature of 14 funds for the Cultural Institutions Program, the Department of 15 State shall execute a contract with each organization, which 16 must contain information relative to the program, the 17 projected operating income and expenses, and other provisions 18 deemed necessary by the department for the administration of 19 the program. 20 2. Each recipient organization must submit an annual 21 report to the Division of Cultural Affairs detailing the 22 expenditure of funds and is subject to the auditing provisions 23 and rules of the division. 24 (e)(f) Each organization shall cause an annual 25 postaudit or independent attestation of its financial 26 accounts, to be conducted by an independent certified public 27 accountant. The annual audit report must be submitted to the 28 Department of State for review. The department may require and 29 receive from the recipient institution, or from its 30 independent auditor, any detail or supplemental data relative 31 to the operation of such institution. 7 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 (f)(g) The Department of State shall adopt rules 2 necessary to administer this section. 3 Section 6. Section 265.2901, Florida Statutes, is 4 repealed. 5 Section 7. Notwithstanding the provisions of chapters 6 253 and 270, Florida Statutes, the Board of Trustees of the 7 Internal Improvement Trust Fund shall convey, by quitclaim 8 deed, all property described in B. O. T. Lease No. 3185, as 9 amended, directly to the Coconut Grove Playhouse, Inc., in 10 accordance with the March 21, 2003, Memorandum of 11 Understanding between the Department of State and the Coconut 12 Grove Playhouse, Inc. 13 Section 8. Subsection (1) of section 267.0617, Florida 14 Statutes, is amended to read: 15 267.0617 Historic Preservation Grant Program.-- 16 (1) There is hereby created within the division the 17 Historic Preservation Grant Program, which shall make grants 18 of moneys appropriated by the Legislature, moneys deposited 19 pursuant to s. ss. 550.0351(2) and 607.1901(2)(g), and moneys 20 contributed for that purpose from any other source. The 21 program funds shall be used by the division for the purpose of 22 financing grants in furtherance of the purposes of this 23 section. 24 Section 9. Section 267.17, Florida Statutes, is 25 amended to read: 26 267.17 Citizen support organizations; use of state 27 administrative services and property; audit.-- 28 (1) CITIZEN SUPPORT ORGANIZATIONS.--The division may 29 support the establishment of citizen support organizations to 30 provide assistance, funding, and promotional support for the 31 archaeology, museum, folklife, and historic preservation 8 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 programs of the division. For the purposes of this section, a 2 "citizen support organization" shall mean an organization 3 which is: 4 (a) A Florida corporation not for profit incorporated 5 under the provisions of chapter 617 and approved by the 6 Department of State; 7 (b) Organized and operated to conduct programs and 8 activities; raise funds; request and receive grants, gifts, 9 and bequests of money; acquire, receive, hold, invest, and 10 administer, in its own name, securities, funds, objects of 11 value, or other property, real or personal; and make 12 expenditures to or for the direct or indirect benefit of the 13 division or individual program units of the division; 14 (c) Determined by the division to be consistent with 15 the goals of the division and in the best interests of the 16 state; and 17 (d) Approved in writing by the division to operate for 18 the direct or indirect benefit of the division; such approval 19 shall be given in a letter of agreement from the division. 20 (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.-- 21 (a) The division may fix and collect charges for the 22 rental of facilities and properties managed by the division 23 and may permit, without charge, appropriate use of 24 administrative services, property, and facilities of the 25 division by a citizen support organization, subject to the 26 provisions of this section. Such use must be directly in 27 keeping with the approved purposes of the citizen support 28 organization and may not be made at times or places that would 29 unreasonably interfere with opportunities for the general 30 public to use such facilities for established purposes. Any 31 moneys received from rentals of facilities and properties 9 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 managed by the division may be held in the operating trust 2 fund of the division or in a separate depository account in 3 the name of the citizen support organization and subject to 4 the provisions of the letter of agreement with the division. 5 (b) The division may prescribe by rule any condition 6 with which a citizen support organization shall comply in 7 order to use division administrative services, property, or 8 facilities. 9 (c) The division shall not permit the use of any 10 administrative services, property, or facilities of the state 11 by a citizen support organization which does not provide equal 12 membership and employment opportunities to all persons 13 regardless of race, color, religion, sex, age, or national 14 origin. 15 (3) ANNUAL AUDIT.--Each citizen support organization 16 shall provide for an annual financial audit in accordance with 17 s. 215.981. The identity of donors who desire to remain 18 anonymous shall be confidential and exempt from the provisions 19 of s. 119.07(1), and that anonymity shall be maintained in the 20 auditor's report. 21 Section 10. Subsection (12) of section 320.08058, 22 Florida Statutes, is amended to read: 23 320.08058 Specialty license plates.-- 24 (12) FLORIDA ARTS LICENSE PLATES.-- 25 (a) The Department of Highway Safety and Motor 26 Vehicles shall develop a Florida arts license plate as 27 provided in this section. In small letters, the word "Florida" 28 must appear at the top of the plate, and the word "Art" or 29 "Arts" or a combination of words including the word "Art" or 30 "Arts" may appear at the bottom of the plate. 31 (b) The license plate annual use fees are to be 10 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 annually distributed as follows: 2 1. All fees collected must be forwarded quarterly to 3 the single arts council officially designated by the county in 4 direct proportion to the amounts of fees collected in each 5 county. If there is no county arts council, fees collected 6 must be forwarded to such other agency in the county as the 7 highest ranking county administrative official designates, to 8 be applied by the arts council or agency to support arts 9 organizations, arts programs, and arts activities within the 10 county Division of Cultural Affairs of the Department of 11 State, together with a report setting forth the amount of such 12 fees collected in each county, and must be deposited into the 13 Florida Fine Arts Trust Fund. 14 2. The Division of Cultural Affairs shall distribute 15 the fees forwarded to it by the department to the counties in 16 the amounts set forth in the report required under 17 subparagraph 1., in each case to the county arts council for 18 such county or, if there is none, to such other agency in the 19 county as the division designates, to be applied by the 20 council or agency to support art organizations, programs, and 21 activities within the county. 22 (c) The Division of Cultural Affairs shall have the 23 authority to administer this subsection under rules 24 established by the Division of Cultural Affairs. The agency 25 may adopt only rules that implement, interpret, or make 26 specific the particular powers and duties granted by this 27 subsection. 28 Section 11. A project that is ranked but not funded 29 for the fiscal year 2003-2004 grant cycle under the Department 30 of State's Historical Facilities Special Category Fixed 31 Capital Outlay Grants Program, Cultural Facilities Fixed 11 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 Capital Outlay Grants Program, Regional Cultural Facilities 2 Grants Program, or Library Construction Fixed Capital Outlay 3 Grants Program shall, if it continues to meet applicable 4 criteria for the grant program for which it is ranked, 5 maintain its relative ranking for the fiscal year 2004-2005 6 grant cycle and shall receive priority ranking over new 7 projects applying for the fiscal year 2004-2005 grant cycle. 8 Section 12. Sections 607.1901, 607.19011, 617.1901, 9 and 620.183, Florida Statutes, are repealed. 10 Section 13. Subsection (3) of section 607.193, Florida 11 Statutes, is amended to read: 12 607.193 Supplemental corporate fee.-- 13 (3) The Department of State shall adopt rules and 14 prescribe forms necessary to carry out the purposes of this 15 section. Notwithstanding s. 607.1901, proceeds from the 16 supplemental corporate fee, including any late charges, shall 17 be deposited into the General Revenue Fund. 18 Section 14. Subsection (13) of section 865.09, Florida 19 Statutes, is amended to read: 20 865.09 Fictitious name registration.-- 21 (13) DEPOSIT OF FUNDS.--All funds required to be paid 22 to the Department of State pursuant to this section shall be 23 collected and deposited into the General Revenue Corporations 24 Trust Fund. 25 Section 15. If any law amended by this act was also 26 amended by a law enacted at the 2003 Regular Session of the 27 Legislature, such laws shall be construed as if they had been 28 enacted during the same session of the Legislature, and full 29 effect shall be given to each if possible. 30 Section 16. This act shall take effect July 1, 2003. 31 12 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to trust funds; terminating 8 specified trust funds within the Department of 9 State and the Department of Transportation; 10 providing for disposition of balances in and 11 revenues of such trust funds; amending s. 12 15.09, F.S.; providing for deposit of all funds 13 collected by the Division of Corporations of 14 the Department of State into the General 15 Revenue Fund; deleting a provision that created 16 and provided uses of the Public Access Data 17 Systems Trust Fund, to conform; amending s. 18 215.22, F.S.; deleting a reference to the 19 Coconut Grove Playhouse Trust Fund, to conform; 20 updating references to the Treasurer; amending 21 s. 265.284, F.S.; revising sources of funding 22 for the Florida Fine Arts Trust Fund; amending 23 s. 265.2861, F.S.; deleting provisions 24 transferring funds from the Cultural 25 Institutions Trust Fund to certain grant 26 programs and entities; eliminating a funding 27 source of the trust fund; removing a 28 restriction on grant recipients under the 29 Cultural Institutions Program against receiving 30 funds from certain other arts grants programs; 31 repealing s. 265.2901, F.S., relating to the 13 12:05 AM 05/24/03 c0016Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. SB 16-A Amendment No. __ Barcode 952530 1 Coconut Grove Playhouse Trust Fund, to conform; 2 providing for conveyance of certain property to 3 the Coconut Grove Playhouse, Inc.; amending s. 4 267.0617, F.S.; removing a provision specifying 5 funding sources for the Historic Preservation 6 Grant Program; amending s. 267.17, F.S.; 7 providing for use of administrative services of 8 the Division of Historical Resources of the 9 Department of State by citizen support 10 organizations; amending s. 320.08058, F.S.; 11 changing the distribution of proceeds of the 12 Florida arts license plate annual use fees; 13 directing maintenance of priority rankings for 14 certain Department of State grant programs for 15 fiscal year 2004-2005 grant cycles; repealing 16 ss. 607.1901, 607.19011, 617.1901, and 620.183, 17 F.S., relating to the Corporations Trust Fund, 18 to conform; amending ss. 607.193 and 865.09, 19 F.S.; deleting cross-references and references 20 to the Corporations Trust Fund, to conform; 21 providing for deposit of certain moneys into 22 the General Revenue Fund; providing for 23 construction of the act in pari materia with 24 laws enacted during the 2003 Regular Session of 25 the Legislature; providing an effective date. 26 27 28 29 30 31 14 12:05 AM 05/24/03 c0016Ac-05