Senate Bill sb0016Aer

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  1                                 

  2         An act relating to trust funds; terminating

  3         specified trust funds within the Department of

  4         State and the Department of Transportation;

  5         providing for disposition of balances in and

  6         revenues of such trust funds; amending s.

  7         15.09, F.S.; providing for deposit of all funds

  8         collected by the Division of Corporations of

  9         the Department of State into the General

10         Revenue Fund; deleting a provision that created

11         and provided uses of the Public Access Data

12         Systems Trust Fund, to conform; amending s.

13         215.22, F.S.; deleting a reference to the

14         Coconut Grove Playhouse Trust Fund, to conform;

15         updating references to the Treasurer; amending

16         s. 265.284, F.S.; revising sources of funding

17         for the Florida Fine Arts Trust Fund; amending

18         s. 265.2861, F.S.; deleting provisions

19         transferring funds from the Cultural

20         Institutions Trust Fund to certain grant

21         programs and entities; eliminating a funding

22         source of the trust fund; removing a

23         restriction on grant recipients under the

24         Cultural Institutions Program against receiving

25         funds from certain other arts grants programs;

26         repealing s. 265.2901, F.S., relating to the

27         Coconut Grove Playhouse Trust Fund, to conform;

28         providing for conveyance of certain property to

29         the Coconut Grove Playhouse, Inc.; amending s.

30         267.0617, F.S.; removing a provision specifying

31         funding sources for the Historic Preservation


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 1         Grant Program; amending s. 267.17, F.S.;

 2         providing for use of administrative services of

 3         the Division of Historical Resources of the

 4         Department of State by citizen support

 5         organizations; amending s. 320.08058, F.S.;

 6         changing the distribution of proceeds of the

 7         Florida arts license plate annual use fees;

 8         directing maintenance of priority rankings for

 9         certain Department of State grant programs for

10         fiscal year 2004-2005 grant cycles; repealing

11         ss. 607.1901, 607.19011, 617.1901, and 620.183,

12         F.S., relating to the Corporations Trust Fund,

13         to conform; amending ss. 607.193 and 865.09,

14         F.S.; deleting cross-references and references

15         to the Corporations Trust Fund, to conform;

16         providing for deposit of certain moneys into

17         the General Revenue Fund; providing for

18         construction of the act in pari materia with

19         laws enacted during the 2003 Regular Session of

20         the Legislature; providing an effective date.

21  

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

23  

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

25  following departments are terminated:

26         (a)  Within the Department of State:

27         1.  The Corporations Trust Fund, FLAIR number 45-2-130.

28         2.  The Coconut Grove Playhouse Trust Fund, FLAIR

29  number 45-2-097.

30         3.  The Public Access Data Systems Trust Fund, FLAIR

31  number 45-2-542.


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 1         (b)  Within the Department of Transportation, the

 2  Turnpike Controlled Access Trust Fund, FLAIR number 55-2-334.

 3         (2)  Unless otherwise provided, all current balances

 4  remaining in, and all revenues of, each trust fund terminated

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

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

 7  agency that administers the trust fund shall pay any

 8  outstanding debts and obligations of the terminated fund as

 9  soon as practicable, and the Chief Financial Officer shall

10  close out and remove the terminated fund from the various

11  state accounting systems using generally accepted accounting

12  principles concerning warrants outstanding, assets, and

13  liabilities.

14         Section 2.  Section 15.09, Florida Statutes, is amended

15  to read:

16         15.09  Fees.--

17         (1)  The fees, except as provided by law, to be

18  collected by the Department of State, are:

19         (a)  For searching of papers or records, $3.50, except

20  that there shall be no charge for telephone requests for

21  general corporate information, including the corporation's

22  status, names of officers and directors, address of principal

23  place of business, and name and address of resident agent.

24         (b)  For providing a certificate with seal, $8.75;

25  however, no fee shall be charged for providing a certificate

26  with seal to any officer appointed to an office requiring

27  Senate confirmation.

28         (c)  For furnishing statistical information and for

29  copying any document not mentioned, $1 per page or fraction

30  thereof.

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 1         (2)  The department may in its discretion establish a

 2  reasonable fee for filing or copying any document or

 3  instrument not mentioned herein or provided for in other laws.

 4         (3)  All fees arising from certificates of election or

 5  appointment to office and from commissions to officers shall

 6  be paid to the Treasurer for deposit in the General Revenue

 7  Fund.

 8         (4)  All funds collected by the Division of

 9  Corporations of the department shall be deposited in the

10  General Revenue Corporations Trust Fund.

11         (5)(a)  There is created within the Department of State

12  a Public Access Data Systems Trust Fund, which shall be used

13  by the department to purchase information systems and

14  equipment that provide greater public accessibility to the

15  information and records maintained by it. Notwithstanding any

16  other provision of law, the Divisions of Licensing, Elections,

17  and Corporations of the department shall transfer each fiscal

18  year to the Public Access Data Systems Trust Fund from their

19  respective trust funds:

20         1.  An amount equal to 2 percent of all revenues

21  received for the processing of documents, filings, or

22  information requests.

23         2.  All public access network revenues collected

24  pursuant to s. 15.16 or s. 119.085.

25         (b)  Funds from the Public Access Data Systems Trust

26  Fund may be appropriated for the operations of the department.

27         Section 3.  Subsection (1) of section 215.22, Florida

28  Statutes, as amended by section 63 of chapter 2002-402, Laws

29  of Florida, is amended to read:

30         215.22  Certain income and certain trust funds

31  exempt.--


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 1         (1)  The following income of a revenue nature or the

 2  following trust funds shall be exempt from the deduction

 3  required by s. 215.20(1):

 4         (a)  Student financial aid or prepaid tuition receipts.

 5         (b)  Trust funds administered by the Department of the

 6  Lottery.

 7         (c)  Departmental administrative assessments for

 8  administrative divisions.

 9         (d)  Funds charged by a state agency for services

10  provided to another state agency, by a state agency for

11  services provided to the judicial branch, or by the judicial

12  branch for services provided to a state agency.

13         (e)  State, agency, or political subdivision

14  investments by the Chief Financial Officer Treasurer.

15         (f)  Retirement or employee benefit funds.

16         (g)  Self-insurance programs administered by the Chief

17  Financial Officer Treasurer.

18         (h)  Funds held for the payment of citrus canker

19  eradication and compensation.

20         (i)  Medicaid, Medicare, or third-party receipts for

21  client custodial care.

22         (j)  Bond proceeds or revenues dedicated for bond

23  repayment, except for the Documentary Stamp Clearing Trust

24  Fund administered by the Department of Revenue.

25         (k)  Trust funds administered by the Department of

26  Education.

27         (l)  Trust funds administered by the Department of

28  Transportation.

29         (m)  Trust funds administered by the Department of

30  Agriculture and Consumer Services.

31         (n)  The Motor Vehicle License Clearing Trust Fund.


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 1         (o)  The Solid Waste Management Trust Fund.

 2         (p)  The Coconut Grove Playhouse Trust Fund.

 3         (p)(q)  The Communications Working Capital Trust Fund

 4  of the Department of Management Services.

 5         (q)(r)  The Camp Blanding Management Trust Fund.

 6         (r)(s)  The Indigent Criminal Defense Trust Fund.

 7         (s)(t)  That portion of the Highway Safety Operating

 8  Trust Fund funded by the motorcycle safety education fee

 9  collected pursuant to s. 320.08(1)(c).

10         (t)(u)  The Save the Manatee Trust Fund.

11         (u)(v)  Tobacco Settlement Trust Funds administered by

12  any agency.

13         (v)(w)  The Save Our Everglades Trust Fund.

14         (w)(x)  The Florida Center for Nursing Trust Fund.

15         Section 4.  Subsection (4) of section 265.284, Florida

16  Statutes, is amended to read:

17         265.284  Chief cultural officer; director of division;

18  powers and duties.--

19         (4)  There is created the Florida Fine Arts Trust Fund

20  to be administered by the Department of State for the purposes

21  set forth by law. The Florida Fine Arts Trust Fund shall

22  consist of moneys appropriated by the Legislature and moneys

23  contributed to the fund from any other source receive

24  distributions as provided in s. 320.08058.

25         Section 5.  Section 265.2861, Florida Statutes, is

26  amended to read:

27         265.2861  Cultural Institutions Program; trust fund.--

28         (1)  CULTURAL INSTITUTIONS TRUST FUND.--There is

29  created a Cultural Institutions Trust Fund to be administered

30  by the Department of State for the purposes set forth in this

31  section and to support the following programs as follows:


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 1         (a)  For Statewide arts grants, $2.7 million.

 2         (b)  For Arts in education and visiting arts programs,

 3  $250,000.

 4         (c)  For The State Touring Program, $200,000. First

 5  priority for the issuance of State Touring Program grants

 6  shall be given to applicants that reside in counties with a

 7  population of 75,000 or less.

 8         (d)  For Local arts agencies or state service

 9  organizations, $400,000.

10         (e)1.  For the officially designated Art Museum of the

11  State of Florida described in s. 1004.45, $2.2 million, and

12  for state-owned cultural facilities assigned to the Department

13  of State, which receive a portion of any operating funds from

14  the Department of State and one of the primary purposes of

15  which is the presentation of fine arts or performing arts,

16  $500,000.

17         2.  For fiscal year 2001-2002 only, the provisions of

18  subparagraph 1. relating to state-owned cultural facilities

19  shall not be applicable. This subparagraph expires July 1,

20  2002.

21  

22  The trust fund shall consist of moneys appropriated by the

23  Legislature, moneys deposited pursuant to s. 607.1901(2), and

24  moneys contributed to the fund from any other source.

25         (2)  CULTURAL INSTITUTIONS PROGRAM.--

26         (a)  There is created within the Department of State a

27  Cultural Institutions Program.

28         (b)  The Department of State shall establish, by rule,

29  criteria for the award of grants to cultural organizations,

30  including criteria relating to program quality, potential

31  public exposure and benefit, fiscal stability, ability to


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 1  properly administer grant funds, procedures for peer

 2  evaluation, and other matters deemed necessary and appropriate

 3  to further the purposes of this section. The Division of

 4  Cultural Affairs shall award grants to supplement the

 5  financial support of cultural organizations that have

 6  displayed a sustained commitment to cultural excellence and to

 7  recognize organizations for superior cultural contributions

 8  that have regional or statewide impact.

 9         (c)  Cultural organizations shall receive funding by

10  the Division of Cultural Affairs from the Cultural

11  Institutions Trust Fund.

12         (d)  Except for programs that receive funds for

13  challenge grants, grants promoting arts education, grants for

14  touring programs, and grants for international cultural

15  exchange programs, an organization that receives a grant under

16  the Cultural Institutions Program is precluded from receiving

17  funds from other art grants programs administered under s.

18  265.286, s. 265.608, or s. 265.609, by the Division of

19  Cultural Affairs.

20         (d)(e)1.  Upon appropriation by the Legislature of

21  funds for the Cultural Institutions Program, the Department of

22  State shall execute a contract with each organization, which

23  must contain information relative to the program, the

24  projected operating income and expenses, and other provisions

25  deemed necessary by the department for the administration of

26  the program.

27         2.  Each recipient organization must submit an annual

28  report to the Division of Cultural Affairs detailing the

29  expenditure of funds and is subject to the auditing provisions

30  and rules of the division.

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 1         (e)(f)  Each organization shall cause an annual

 2  postaudit or independent attestation of its financial

 3  accounts, to be conducted by an independent certified public

 4  accountant. The annual audit report must be submitted to the

 5  Department of State for review. The department may require and

 6  receive from the recipient institution, or from its

 7  independent auditor, any detail or supplemental data relative

 8  to the operation of such institution.

 9         (f)(g)  The Department of State shall adopt rules

10  necessary to administer this section.

11         Section 6.  Section 265.2901, Florida Statutes, is

12  repealed.

13         Section 7.  Notwithstanding the provisions of chapters

14  253 and 270, Florida Statutes, the Board of Trustees of the

15  Internal Improvement Trust Fund shall convey, by quitclaim

16  deed, all property described in B. O. T. Lease No. 3185, as

17  amended, directly to the Coconut Grove Playhouse, Inc., in

18  accordance with the March 21, 2003, Memorandum of

19  Understanding between the Department of State and the Coconut

20  Grove Playhouse, Inc.

21         Section 8.  Subsection (1) of section 267.0617, Florida

22  Statutes, is amended to read:

23         267.0617  Historic Preservation Grant Program.--

24         (1)  There is hereby created within the division the

25  Historic Preservation Grant Program, which shall make grants

26  of moneys appropriated by the Legislature, moneys deposited

27  pursuant to s. ss. 550.0351(2) and 607.1901(2)(g), and moneys

28  contributed for that purpose from any other source. The

29  program funds shall be used by the division for the purpose of

30  financing grants in furtherance of the purposes of this

31  section.


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 1         Section 9.  Section 267.17, Florida Statutes, is

 2  amended to read:

 3         267.17  Citizen support organizations; use of state

 4  administrative services and property; audit.--

 5         (1)  CITIZEN SUPPORT ORGANIZATIONS.--The division may

 6  support the establishment of citizen support organizations to

 7  provide assistance, funding, and promotional support for the

 8  archaeology, museum, folklife, and historic preservation

 9  programs of the division.  For the purposes of this section, a

10  "citizen support organization" shall mean an organization

11  which is:

12         (a)  A Florida corporation not for profit incorporated

13  under the provisions of chapter 617 and approved by the

14  Department of State;

15         (b)  Organized and operated to conduct programs and

16  activities; raise funds; request and receive grants, gifts,

17  and bequests of money; acquire, receive, hold, invest, and

18  administer, in its own name, securities, funds, objects of

19  value, or other property, real or personal; and make

20  expenditures to or for the direct or indirect benefit of the

21  division or individual program units of the division;

22         (c)  Determined by the division to be consistent with

23  the goals of the division and in the best interests of the

24  state; and

25         (d)  Approved in writing by the division to operate for

26  the direct or indirect benefit of the division; such approval

27  shall be given in a letter of agreement from the division.

28         (2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--

29         (a)  The division may fix and collect charges for the

30  rental of facilities and properties managed by the division

31  and may permit, without charge, appropriate use of


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 1  administrative services, property, and facilities of the

 2  division by a citizen support organization, subject to the

 3  provisions of this section. Such use must be directly in

 4  keeping with the approved purposes of the citizen support

 5  organization and may not be made at times or places that would

 6  unreasonably interfere with opportunities for the general

 7  public to use such facilities for established purposes. Any

 8  moneys received from rentals of facilities and properties

 9  managed by the division may be held in the operating trust

10  fund of the division or in a separate depository account in

11  the name of the citizen support organization and subject to

12  the provisions of the letter of agreement with the division.

13         (b)  The division may prescribe by rule any condition

14  with which a citizen support organization shall comply in

15  order to use division administrative services, property, or

16  facilities.

17         (c)  The division shall not permit the use of any

18  administrative services, property, or facilities of the state

19  by a citizen support organization which does not provide equal

20  membership and employment opportunities to all persons

21  regardless of race, color, religion, sex, age, or national

22  origin.

23         (3)  ANNUAL AUDIT.--Each citizen support organization

24  shall provide for an annual financial audit in accordance with

25  s. 215.981. The identity of donors who desire to remain

26  anonymous shall be confidential and exempt from the provisions

27  of s. 119.07(1), and that anonymity shall be maintained in the

28  auditor's report.

29         Section 10.  Subsection (12) of section 320.08058,

30  Florida Statutes, is amended to read:

31         320.08058  Specialty license plates.--


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 1         (12)  FLORIDA ARTS LICENSE PLATES.--

 2         (a)  The Department of Highway Safety and Motor

 3  Vehicles shall develop a Florida arts license plate as

 4  provided in this section. In small letters, the word "Florida"

 5  must appear at the top of the plate, and the word "Art" or

 6  "Arts" or a combination of words including the word "Art" or

 7  "Arts" may appear at the bottom of the plate.

 8         (b)  The license plate annual use fees are to be

 9  annually distributed as follows:

10         1.  All fees collected must be forwarded quarterly to

11  the single arts council officially designated by the county in

12  direct proportion to the amounts of fees collected in each

13  county. If there is no county arts council, fees collected

14  must be forwarded to such other agency in the county as the

15  highest ranking county administrative official designates, to

16  be applied by the arts council or agency to support arts

17  organizations, arts programs, and arts activities within the

18  county Division of Cultural Affairs of the Department of

19  State, together with a report setting forth the amount of such

20  fees collected in each county, and must be deposited into the

21  Florida Fine Arts Trust Fund.

22         2.  The Division of Cultural Affairs shall distribute

23  the fees forwarded to it by the department to the counties in

24  the amounts set forth in the report required under

25  subparagraph 1., in each case to the county arts council for

26  such county or, if there is none, to such other agency in the

27  county as the division designates, to be applied by the

28  council or agency to support art organizations, programs, and

29  activities within the county.

30         (c)  The Division of Cultural Affairs shall have the

31  authority to administer this subsection under rules


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 1  established by the Division of Cultural Affairs. The agency

 2  may adopt only rules that implement, interpret, or make

 3  specific the particular powers and duties granted by this

 4  subsection.

 5         Section 11.  A project that is ranked but not funded

 6  for the fiscal year 2003-2004 grant cycle under the Department

 7  of State's Historical Facilities Special Category Fixed

 8  Capital Outlay Grants Program, Cultural Facilities Fixed

 9  Capital Outlay Grants Program, Regional Cultural Facilities

10  Grants Program, or Library Construction Fixed Capital Outlay

11  Grants Program shall, if it continues to meet applicable

12  criteria for the grant program for which it is ranked,

13  maintain its relative ranking for the fiscal year 2004-2005

14  grant cycle and shall receive priority ranking over new

15  projects applying for the fiscal year 2004-2005 grant cycle.

16         Section 12.  Sections 607.1901, 607.19011, 617.1901,

17  and 620.183, Florida Statutes, are repealed.

18         Section 13.  Subsection (3) of section 607.193, Florida

19  Statutes, is amended to read:

20         607.193  Supplemental corporate fee.--

21         (3)  The Department of State shall adopt rules and

22  prescribe forms necessary to carry out the purposes of this

23  section. Notwithstanding s. 607.1901, proceeds from the

24  supplemental corporate fee, including any late charges, shall

25  be deposited into the General Revenue Fund.

26         Section 14.  Subsection (13) of section 865.09, Florida

27  Statutes, is amended to read:

28         865.09  Fictitious name registration.--

29         (13)  DEPOSIT OF FUNDS.--All funds required to be paid

30  to the Department of State pursuant to this section shall be

31  


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 1  collected and deposited into the General Revenue Corporations

 2  Trust Fund.

 3         Section 15.  If any law amended by this act was also

 4  amended by a law enacted at the 2003 Regular Session of the

 5  Legislature, such laws shall be construed as if they had been

 6  enacted during the same session of the Legislature, and full

 7  effect shall be given to each if possible.

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

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