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:
13
14 Conference Committee Amendment (with title amendment)
15 Delete everything after the enacting clause
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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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Bill No. SB 16-A
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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.
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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
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Bill No. SB 16-A
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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.
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