HB 0067A 2003
1	A bill to be entitled
2	An act relating to trust funds; amending s. 215.20, F.S.;
3	revising the formula for contribution by certain trust
4	funds to the General Revenue Fund; amending s. 215.22,
5	F.S.; exempting certain trust funds and revenues from the
6	appropriation required by s. 215.20, F.S.; updating
7	references to the Treasurer; renumbering and amending s.
8	18.10, F.S.; appropriating certain earnings on investments
9	to the General Revenue Fund; renumbering and amending s.
10	18.125, F.S.; providing for the method of investment, and
11	the disposition of interest earned on such investment, of
12	certain trust fund moneys of specified agencies; updating
13	references to the Treasurer; amending s. 14.2015, F.S.;
14	revising disposition of certain interest earned by the
15	Office of Tourism, Trade, and Economic Development;
16	amending s. 1009.66, F.S.; revising disposition of
17	interest earned on Nursing Student Loan Forgiveness Trust
18	Fund moneys; amending s. 385.207, F.S.; revising
19	disposition of interest earned on Epilepsy Services Trust
20	Fund moneys; amending s. 938.01, F.S.; revising
21	disposition of interest earned on specified trust funds of
22	the Department of Law Enforcement and Department of
23	Children and Family Services; reenacting and amending s.
24	215.32(2)(b), F.S., relating to segregation of state
25	funds; updating references to the Comptroller; providing
26	for construction of the act in pari materia with laws
27	enacted during the 2003 Regular Session of the
28	Legislature; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1. Section 215.20, Florida Statutes, as amended by
33	section 61 of chapter 2002-402, Laws of Florida, is amended to
34	read:
35	(Substantial rewording of section. See
36	s. 215.20, F.S., for present text.)
37	215.20 Certain income and certain trust funds to
38	contribute to the General Revenue Fund.--
39	(1) A service charge of 7 percent, representing the
40	estimated pro rata share of the cost of general government paid
41	from the General Revenue Fund, is hereby appropriated from all
42	income of a revenue nature deposited in all trust funds except
43	those enumerated in s. 215.22. Income of a revenue nature shall
44	include all earnings received or credited by such trust funds,
45	including the interest or benefit received from the investment
46	of the principal of such trust funds as may be permitted by law.
47	This provision shall be construed in favor of the General
48	Revenue Fund in each instance. All such appropriations shall be
49	deposited in the General Revenue Fund.
50	(2) Notwithstanding the provisions of subsection (1):
51	(a) The trust funds of the Department of Citrus and the
52	Department of Agriculture and Consumer Services, including funds
53	collected in the General Inspection Trust Fund for marketing
54	orders and in the Florida Citrus Advertising Trust Fund, shall
55	be subject to a 3-percent service charge, which is hereby
56	appropriated to the General Revenue Fund. This paragraph does
57	not apply to the Conservation and Recreation Lands Program Trust
58	Fund, the Florida Quarter Horse Racing Promotion Trust Fund, the
59	Citrus Inspection Trust Fund, the Florida Forever Program Trust
60	Fund, the Florida Preservation 2000 Trust Fund, the Market
61	Improvements Working Capital Trust Fund, the Pest Control Trust
62	Fund, the Plant Industry Trust Fund, or other funds collected in
63	the General Inspection Trust Fund in the Department of
64	Agriculture and Consumer Services.
65	(b) The Save the Manatee Trust Fund in the Fish and
66	Wildlife Conservation Commission shall be subject to a 3-percent
67	service charge, which is hereby appropriated to the General
68	Revenue Fund.
69	(3) A service charge of 0.3 percent is hereby appropriated
70	from income of a revenue nature deposited in the trust funds
71	enumerated in subsection (4). Income of a revenue nature shall
72	include all earnings received or credited by such trust funds,
73	including the interest or benefit received from the investment
74	of the principal of such trust funds as may be permitted by law.
75	This provision shall be construed in favor of the General
76	Revenue Fund in each instance. All such appropriations shall be
77	deposited in the General Revenue Fund.
78	(4) The income of a revenue nature deposited in the
79	following described trust funds, by whatever name designated, is
80	that from which the appropriations authorized by subsection (3)
81	shall be made:
82	(a) Within the Agency for Health Care Administration:
83	1. The Florida Organ and Tissue Donor Education and
84	Procurement Trust Fund.
85	2. The Health Care Trust Fund.
86	3. The Resident Protection Trust Fund.
87	(b) Within the Agency for Workforce Innovation, the
88	Employment Security Administration Trust Fund.
89	(c) Within the Department of Agriculture and Consumer
90	Services:
91	1. The Conservation and Recreation Lands Program Trust
92	Fund.
93	2. The Florida Quarter Horse Racing Promotion Trust Fund.
94	3. The General Inspection Trust Fund and subsidiary
95	accounts thereof, unless a different percentage is authorized by
96	s. 570.20.
97	(d) Within the Department of Business and Professional
98	Regulation:
99	1. The Administrative Trust Fund.
100	2. The Alcoholic Beverage and Tobacco Trust Fund.
101	3. The Cigarette Tax Collection Trust Fund.
102	4. The Division of Florida Land Sales, Condominiums, and
103	Mobile Homes Trust Fund.
104	5. The Hotel and Restaurant Trust Fund, with the exception
105	of those fees collected for the purpose of funding of the
106	hospitality education program as stated in s. 509.302.
107	6. The Professional Regulation Trust Fund.
108	7. The trust funds administered by the Division of Pari-
109	mutuel Wagering.
110	(e) Within the Department of Children and Family Services:
111	1. The Administrative Trust Fund.
112	2. The Child Welfare Training Trust Fund.
113	3. The Children and Adolescents Substance Abuse Trust
114	Fund.
115	4. The Domestic Violence Trust Fund.
116	5. The Grants and Donations Trust Fund.
117	6. The Operations and Maintenance Trust Fund.
118	(f) Within the Department of Citrus, the Florida Citrus
119	Advertising Trust Fund, including transfers from any subsidiary
120	accounts thereof, unless a different percentage is authorized in
121	s. 601.15(7).
122	(g) Within the Department of Community Affairs, the
123	Operating Trust Fund.
124	(h) Within the Department of Education:
125	1. The Educational Certification and Service Trust Fund.
126	2. The Phosphate Research Trust Fund.
127	(i) Within the Department of Elderly Affairs:
128	1. The Administrative Trust Fund.
129	2. The Federal Grants Trust Fund.
130	3. The Grants and Donations Trust Fund.
131	4. The Operations and Maintenance Trust Fund.
132	(j) Within the Department of Environmental Protection:
133	1. The Administrative Trust Fund.
134	2. The Air Pollution Control Trust Fund.
135	3. The Conservation and Recreation Lands Trust Fund.
136	4. The Ecosystem Management and Restoration Trust Fund.
137	5. The Environmental Laboratory Trust Fund.
138	6. The Florida Coastal Protection Trust Fund.
139	7. The Florida Permit Fee Trust Fund.
140	8. The Forfeited Property Trust Fund.
141	9. The Grants and Donations Trust Fund.
142	10. The Inland Protection Trust Fund.
143	11. The Internal Improvement Trust Fund.
144	12. The Land Acquisition Trust Fund.
145	13. The Minerals Trust Fund.
146	14. The Nonmandatory Land Reclamation Trust Fund.
147	15. The State Park Trust Fund.
148	16. The Water Quality Assurance Trust Fund.
149	17. The Working Capital Trust Fund.
150	(k) Within the Department of Financial Services:
151	1. The Agents and Solicitors County Tax Trust Fund.
152	2. The Insurance Regulatory Trust Fund.
153	3. The Special Disability Trust Fund.
154	4. The Special Employment Security Administration Trust
155	Fund.
156	5. The Workers' Compensation Administration Trust Fund.
157	(l) Within the Department of Health:
158	1. The Administrative Trust Fund.
159	2. The Brain and Spinal Cord Injury Program Trust Fund.
160	3. The Donations Trust Fund.
161	4. The Emergency Medical Services Trust Fund.
162	5. The Epilepsy Services Trust Fund.
163	6. The Florida Drug, Device, and Cosmetic Trust Fund.
164	7. The Grants and Donations Trust Fund.
165	8. The Medical Quality Assurance Trust Fund.
166	9. The Nursing Student Loan Forgiveness Trust Fund.
167	10. The Planning and Evaluation Trust Fund.
168	11. The Radiation Protection Trust Fund.
169	(m) Within the Department of Highway Safety and Motor
170	Vehicles, the DUI Programs Coordination Trust Fund.
171	(n) Within the Department of Legal Affairs, the Crimes
172	Compensation Trust Fund.
173	(o) Within the Department of Management Services:
174	1. The Administrative Trust Fund.
175	2. The Architects Incidental Trust Fund.
176	3. The Bureau of Aircraft Trust Fund.
177	4. The Florida Facilities Pool Working Capital Trust Fund.
178	5. The Grants and Donations Trust Fund.
179	6. The Motor Vehicle Operating Trust Fund.
180	7. The Police and Firefighters' Premium Tax Trust Fund.
181	8. The Public Employees Relations Commission Trust Fund.
182	9. The State Personnel System Trust Fund.
183	10. The Supervision Trust Fund.
184	11. The Working Capital Trust Fund.
185	(p) Within the Department of Revenue:
186	1. The Additional Court Cost Clearing Trust Fund.
187	2. The Administrative Trust Fund.
188	3. The Apalachicola Bay Oyster Surcharge Clearing Trust
189	Fund.
190	4. The Certification Program Trust Fund.
191	5. The Fuel Tax Collection Trust Fund.
192	6. The Land Reclamation Trust Fund.
193	7. The Local Alternative Fuel User Fee Clearing Trust
194	Fund.
195	8. The Local Option Fuel Tax Trust Fund.
196	9. The Motor Vehicle Rental Surcharge Clearing Trust Fund.
197	10. The Motor Vehicle Warranty Trust Fund.
198	11. The Oil and Gas Tax Trust Fund.
199	12. The Secondhand Dealer and Secondary Metals Recycler
200	Clearing Trust Fund.
201	13. The Severance Tax Solid Mineral Trust Fund.
202	14. The State Alternative Fuel User Fee Clearing Trust
203	Fund.
204	15. All taxes levied on motor fuels other than gasoline
205	levied pursuant to the provisions of s. 206.87(1)(a).
206	(q) Within the Department of State:
207	1. The Division of Licensing Trust Fund.
208	2. The Records Management Trust Fund.
209	3. The trust funds administered by the Division of
210	Historical Resources.
211	(r) Within the Department of Transportation, all income
212	derived from outdoor advertising and overweight violations which
213	is deposited in the State Transportation Trust Fund.
214	(s) Within the Department of Veterans' Affairs:
215	1. The Grants and Donations Trust Fund.
216	2. The Operations and Maintenance Trust Fund.
217	3. The State Homes for Veterans Trust Fund.
218	(t) Within the Division of Administrative Hearings, the
219	Administrative Trust Fund.
220	(u) Within the Fish and Wildlife Conservation Commission:
221	1. The Conservation and Recreation Lands Program Trust
222	Fund.
223	2. The Florida Panther Research and Management Trust Fund.
224	3. The Land Acquisition Trust Fund.
225	4. The Marine Resources Conservation Trust Fund, with the
226	exception of those fees collected for recreational saltwater
227	fishing licenses as provided in s. 372.57.
228	(v) Within the Florida Public Service Commission, the
229	Florida Public Service Regulatory Trust Fund.
230	(w) Within the Justice Administrative Commission, the
231	Indigent Criminal Defense Trust Fund.
232	(x) Within the Office of Financial Regulation of the
233	Financial Services Commission:
234	1. The Administrative Trust Fund.
235	2. The Anti-Fraud Trust Fund.
236	3. The Financial Institutions' Regulatory Trust Fund.
237	4. The Mortgage Brokerage Guaranty Fund.
238	5. The Regulatory Trust Fund.
239
240	The enumeration of the foregoing moneys or trust funds shall not
241	prohibit the applicability thereto of s. 215.24 should the
242	Governor determine that for the reasons mentioned in s. 215.24
243	the money or trust funds should be exempt herefrom, as it is the
244	purpose of this law to exempt income from its force and effect
245	when, by the operation of this law, federal matching funds or
246	contributions or private grants to any trust fund would be lost
247	to the state.
248	(5) There is appropriated from the proper respective trust
249	funds from time to time such sums as may be necessary to pay to
250	the General Revenue Fund the service charges imposed by this
251	section.
252	Section 2. Subsection (1) of section 215.22, Florida
253	Statutes, as amended by section 63 of chapter 2002-402, Laws of
254	Florida, is amended to read:
255	215.22 Certain income and certain trust funds exempt.--
256	(1) The following income of a revenue nature or the
257	following trust funds shall be exempt from the appropriation
258	deductionrequired by s. 215.20(1):
259	(a) Student financial aid or prepaid tuition receipts.
260	(b) Trust funds administered by the Department of the
261	Lottery.
262	(c) Departmental administrative assessments for
263	administrative divisions.
264	(d) Funds charged by a state agency for services provided
265	to another state agency, by a state agency for services provided
266	to the judicial branch, or by the judicial branch for services
267	provided to a state agency.
268	(e) State, agency, or political subdivision investments by
269	the Chief Financial OfficerTreasurer.
270	(f) Retirement or employee benefit funds.
271	(g) Self-insurance programs administered by the Chief
272	Financial OfficerTreasurer.
273	(h) Funds held for the payment of citrus canker
274	eradication and compensation.
275	(i) Medicaid, Medicare, or third-party receipts for client
276	custodial care.
277	(j) Bond proceeds or revenues dedicated for bond
278	repayment, except for the Documentary Stamp Clearing Trust Fund
279	administered by the Department of Revenue.
280	(k) Trust funds administered by the Department of
281	Education.
282	(l) Trust funds administered by the Department of
283	Transportation.
284	(m) The followingtrust funds administered by the
285	Department of Agriculture and Consumer Services:.
286	1. The Citrus Inspection Trust Fund.
287	2. The Florida Forever Program Trust Fund.
288	3. The Florida Preservation 2000 Trust Fund.
289	4. The Market Improvements Working Capital Trust Fund.
290	5. The Pest Control Trust Fund.
291	6. The Plant Industry Trust Fund.
292	(n) The Motor Vehicle License Clearing Trust Fund.
293	(o) The Solid Waste Management Trust Fund.
294	(p) The Coconut Grove Playhouse Trust Fund.
295	(q) The Communications Working Capital Trust Fund of the
296	Department of Management Services.
297	(r) The Camp Blanding Management Trust Fund.
298	(s) The Indigent Criminal Defense Trust Fund.
299	(s)(t)That portion of the Highway Safety Operating Trust
300	Fund funded by the motorcycle safety education fee collected
301	pursuant to s. 320.08(1)(c).
302	(u) The Save the Manatee Trust Fund.
303	(t)(v)Tobacco Settlement Trust Funds administered by any
304	agency.
305	(u)(w)The Save Our Everglades Trust Fund.
306	(v)(x)The Florida Center for Nursing Trust Fund.
307	Section 3. Section 18.10, Florida Statutes, is renumbered
308	as section 17.57, Florida Statutes, and subsection (4) of said
309	section, as amended by section 65 of chapter 2002-402, Laws of
310	Florida, is amended to read:
311	17.5718.10Deposits and investments of state money.--
312	(4) All earnings on any investments made pursuant to this
313	section are hereby appropriatedshall be creditedto the General
314	Revenue Fund, except that earnings attributable to moneys made
315	available pursuant to s. 17.61(3)(a) and (b)s. 18.125(3)shall
316	be credited pro rata to the funds from which such moneys were
317	made available.
318	Section 4. Section 18.125, Florida Statutes, is renumbered
319	as section 17.61, Florida Statutes, and subsection (3) of said
320	section, as amended by section 67 of chapter 2002-402, Laws of
321	Florida, is amended to read:
322	17.6118.125Chief Financial OfficerTreasurer; powers and
323	duties in the investment of certain funds.--
324	(3)(a) Except as otherwise provided in this subsection,it
325	is the duty of each state agency, and of the judicial branch,
326	now or hereafter charged with the administration of the funds
327	referred to in subsection (1) to make such moneys available for
328	investment as fully as is consistent with the cash requirements
329	of the particular fund and to authorize investment of such
330	moneys by the Chief Financial OfficerTreasurer.
331	(b) Monthly, and more often as circumstances require, such
332	agency or judicial branch shall notify the Chief Financial
333	OfficerTreasurerof the amount available for investment; and
334	the moneys shall be invested by the Chief Financial Officer
335	Treasurer. Such notification shall include the name and number
336	of the fund for which the investments are to be made and the
337	life of the investment if the principal sum is to be required
338	for meeting obligations. This subsection, however, shall not be
339	construed to make available for investment any funds other than
340	those referred to in subsection (1).
341	(c) Except as provided in this paragraph and except for
342	moneys described in paragraph (d), the following agencies shall
343	not invest trust fund moneys as provided in this section, but
344	shall retain such moneys in their respective trust funds for
345	investment, with interest appropriated to the General Revenue
346	Fund, pursuant to s. 17.57:
347	1. The Agency for Health Care Administration, except for
348	the Tobacco Settlement Trust Fund.
349	2. The Department of Children and Family Services, except
350	for:
351	a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
352	b. The Community Resources Development Trust Fund.
353	c. The Refugee Assistance Trust Fund.
354	d. The Social Services Block Grant Trust Fund.
355	e. The Tobacco Settlement Trust Fund.
356	f. The Working Capital Trust Fund.
357	3. The Department of Community Affairs, only for the
358	Operating Trust Fund.
359	4. The Department of Corrections.
360	5. The Department of Elderly Affairs, except for:
361	a. The Federal Grants Trust Fund.
362	b. The Tobacco Settlement Trust Fund.
363	6. The Department of Health, except for:
364	a. The Federal Grants Trust Fund.
365	b. The Grants and Donations Trust Fund.
366	c. The Maternal and Child Health Block Grant Trust Fund.
367	d. The Tobacco Settlement Trust Fund.
368	7. The Department of Highway Safety and Motor Vehicles,
369	only for:
370	a. The DUI Programs Coordination Trust Fund.
371	b. The Security Deposits Trust Fund.
372	8. The Department of Juvenile Justice.
373	9. The Department of Law Enforcement.
374	10. The Department of Legal Affairs.
375	11. The Department of State, only for:
376	a. The Grants and Donations Trust Fund.
377	b. The Records Management Trust Fund.
378	12. The Executive Office of the Governor, only for:
379	a. The Economic Development Transportation Trust Fund.
380	b. The Economic Development Trust Fund.
381	13. The Florida Public Service Commission, only for the
382	Florida Public Service Regulatory Trust Fund.
383	14. The Justice Administrative Commission.
384	15. The state courts system.
385	(d) Moneys in any trust funds of the agencies in paragraph
386	(c) may be invested pursuant to the provisions of this section
387	if:
388	1. Investment of such moneys and the retention of interest
389	is required by federal programs or mandates;
390	2. Investment of such moneys and the retention of interest
391	is required by bond covenants, indentures, or resolutions;
392	3. Such moneys are held by the state in a trustee capacity
393	as an agent or fiduciary for individuals, private organizations,
394	or other governmental units; or
395	4. The Executive Office of the Governor determines, after
396	consultation with the Legislature pursuant to the procedures of
397	s. 216.177, that federal matching funds or contributions or
398	private grants to any trust fund would be lost to the state.
399	Section 5. Paragraph (f) of subsection (2) of section
400	14.2015, Florida Statutes, as amended by section 69 of chapter
401	2002-402, Laws of Florida, is amended to read:
402	14.2015 Office of Tourism, Trade, and Economic
403	Development; creation; powers and duties.--
404	(2) The purpose of the Office of Tourism, Trade, and
405	Economic Development is to assist the Governor in working with
406	the Legislature, state agencies, business leaders, and economic
407	development professionals to formulate and implement coherent
408	and consistent policies and strategies designed to provide
409	economic opportunities for all Floridians. To accomplish such
410	purposes, the Office of Tourism, Trade, and Economic Development
411	shall:
412	(f)1. Administer the Florida Enterprise Zone Act under ss.
413	290.001-290.016, the community contribution tax credit program
414	under ss. 220.183 and 624.5105, the tax refund program for
415	qualified target industry businesses under s. 288.106, the tax-
416	refund program for qualified defense contractors under s.
417	288.1045, contracts for transportation projects under s.
418	288.063, the sports franchise facility program under s.
419	288.1162, the professional golf hall of fame facility program
420	under s. 288.1168, the expedited permitting process under s.
421	403.973, the Rural Community Development Revolving Loan Fund
422	under s. 288.065, the Regional Rural Development Grants Program
423	under s. 288.018, the Certified Capital Company Act under s.
424	288.99, the Florida State Rural Development Council, the Rural
425	Economic Development Initiative, and other programs that are
426	specifically assigned to the office by law, by the
427	appropriations process, or by the Governor. Notwithstanding any
428	other provisions of law, the office may expend interest earned
429	from the investment of program funds deposited in the Economic
430	Development Trust Fund, the Grants and Donations Trust Fund and,
431	the Brownfield Property Ownership Clearance Assistance Revolving
432	Loan Trust Fund, and the Economic Development Transportation
433	Trust Fundto contract for the administration of the programs,
434	or portions of the programs, enumerated in this paragraph or
435	assigned to the office by law, by the appropriations process, or
436	by the Governor. Such expenditures shall be subject to review
437	under chapter 216.
438	2. The office may enter into contracts in connection with
439	the fulfillment of its duties concerning the Florida First
440	Business Bond Pool under chapter 159, tax incentives under
441	chapters 212 and 220, tax incentives under the Certified Capital
442	Company Act in chapter 288, foreign offices under chapter 288,
443	the Enterprise Zone program under chapter 290, the Seaport
444	Employment Training program under chapter 311, the Florida
445	Professional Sports Team License Plates under chapter 320,
446	Spaceport Florida under chapter 331, Expedited Permitting under
447	chapter 403, and in carrying out other functions that are
448	specifically assigned to the office by law, by the
449	appropriations process, or by the Governor.
450	Section 6. Subsection (7) of section 1009.66, Florida
451	Statutes, as amended by section 71 of chapter 2002-402, Laws of
452	Florida, by section 3 of chapter 2002-400, Laws of Florida, and
453	by chapter 2003-1, Laws of Florida, is amended to read:
454	1009.66 Nursing Student Loan Forgiveness Program.--
455	(7)(a)Funds contained in the Nursing Student Loan
456	Forgiveness Trust Fund which are to be used for loan forgiveness
457	for those nurses employed by hospitals, birth centers, and
458	nursing homes must be matched on a dollar-for-dollar basis by
459	contributions from the employing institutions, except that this
460	provision shall not apply to state-operated medical and health
461	care facilities, public schools, county health departments,
462	federally sponsored community health centers, teaching hospitals
463	as defined in s. 408.07, family practice teaching hospitals as
464	defined in s. 395.805, or specialty hospitals for children as
465	used in s. 409.9119. An estimate of the annual trust fund
466	dollars shall be made at the beginning of the fiscal year based
467	on historic expenditures from the trust fund. Applicant requests
468	shall be reviewed on a quarterly basis, and applicant awards
469	shall be based on the following priority of employer until all
470	such estimated trust funds are awarded: state-operated medical
471	and health care facilities; public schools; county health
472	departments; federally sponsored community health centers;
473	teaching hospitals as defined in s. 408.07; family practice
474	teaching hospitals as defined in s. 395.805; specialty hospitals
475	for children as used in s. 409.9119; and other hospitals, birth
476	centers, and nursing homes.
477	(b) All Nursing Student Loan Forgiveness Trust Fund moneys
478	shall be invested pursuant to s. 18.125. Interest income
479	accruing to that portion of the trust fund not matched shall
480	increase the total funds available for loan forgiveness and
481	scholarships. Pledged contributions shall not be eligible for
482	matching prior to the actual collection of the total private
483	contribution for the year.
484	Section 7. Subsection (3) of section 385.207, Florida
485	Statutes, as amended by section 73 of chapter 2002-402, Laws of
486	Florida, is amended to read:
487	385.207 Care and assistance of persons with epilepsy;
488	establishment of programs in epilepsy control.--
489	(3) Revenue for statewide implementation of programs for
490	epilepsy prevention and education pursuant to this section shall
491	be derived pursuant to the provisions of s. 318.21(6) and shall
492	be deposited in the Epilepsy Services Trust Fund, which is
493	hereby established to be administered by the Department of
494	Health. All funds deposited into the trust fund shall be
495	invested pursuant to the provisions of s. 18.125. Interest
496	income accruing to such invested funds shall increase the total
497	funds available under this subsection.
498	Section 8. Subsection (1) of section 938.01, Florida
499	Statutes, as amended by section 77 of chapter 2002-402, Laws of
500	Florida, is amended to read:
501	938.01 Additional Court Cost Clearing Trust Fund.--
502	(1) All courts created by Art. V of the State Constitution
503	shall, in addition to any fine or other penalty, assess $3 as a
504	court cost against every person convicted for violation of a
505	state penal or criminal statute or convicted for violation of a
506	municipal or county ordinance. Any person whose adjudication is
507	withheld pursuant to the provisions of s. 318.14(9) or (10)
508	shall also be assessed such cost. In addition, $3 from every
509	bond estreature or forfeited bail bond related to such penal
510	statutes or penal ordinances shall be remitted to the Department
511	of Revenue as described in this subsection. However, no such
512	assessment may be made against any person convicted for
513	violation of any state statute, municipal ordinance, or county
514	ordinance relating to the parking of vehicles.
515	(a) All costs collected by the courts pursuant to this
516	subsection shall be remitted to the Department of Revenue in
517	accordance with administrative rules adopted by the executive
518	director of the Department of Revenue for deposit in the
519	Additional Court Cost Clearing Trust Fund. These funds and the
520	funds deposited in the Additional Court Cost Clearing Trust Fund
521	pursuant to s. 318.21(2)(c) shall be distributed as follows:
522	1. Ninety-two percent to the Department of Law Enforcement
523	Criminal Justice Standards and Training Trust Fund.
524	2. Six and three-tenths percent to the Department of Law
525	Enforcement Operating Trust Fund for the Criminal Justice Grant
526	Program.
527	3. One and seven-tenths percent to the Department of
528	Children and Family Services Domestic Violence Trust Fund for
529	the domestic violence program pursuant to s. 39.903(3).
530	(b) The funds deposited in the Department of Law
531	Enforcement Criminal Justice Standards and Training Trust Fund,
532	the Department of Law Enforcement Operating Trust Fund, and the
533	Department of Children and Family Services Domestic Violence
534	Trust Fund may be invested. Any interest earned from investing
535	such funds and any unencumbered funds remaining at the end of
536	the budget cycle shall remain in the respective trust fund.
537	(b)(c)All funds in the Department of Law Enforcement
538	Criminal Justice Standards and Training Trust Fund shall be
539	disbursed only in compliance with s. 943.25(9).
540	Section 9. Paragraph (b) of subsection (2) of section
541	215.32, Florida Statutes, is reenacted and amended to read:
542	215.32 State funds; segregation.--
543	(2) The source and use of each of these funds shall be as
544	follows:
545	(b)1. The trust funds shall consist of moneys received by
546	the state which under law or under trust agreement are
547	segregated for a purpose authorized by law. The state agency or
548	branch of state government receiving or collecting such moneys
549	shall be responsible for their proper expenditure as provided by
550	law. Upon the request of the state agency or branch of state
551	government responsible for the administration of the trust fund,
552	the Chief Financial OfficerComptrollermay establish accounts
553	within the trust fund at a level considered necessary for proper
554	accountability. Once an account is established within a trust
555	fund, the Chief Financial OfficerComptrollermay authorize
556	payment from that account only upon determining that there is
557	sufficient cash and releases at the level of the account.
558	2. In order to maintain a minimum number of trust funds in
559	the State Treasury, each state agency or the judicial branch may
560	consolidate, if permitted under the terms and conditions of
561	their receipt, the trust funds administered by it; provided,
562	however, the agency or judicial branch employs effectively a
563	uniform system of accounts sufficient to preserve the integrity
564	of such trust funds; and provided, further, that consolidation
565	of trust funds is approved by the Governor or the Chief Justice.
566	3. All such moneys are hereby appropriated to be expended
567	in accordance with the law or trust agreement under which they
568	were received, subject always to the provisions of chapter 216
569	relating to the appropriation of funds and to the applicable
570	laws relating to the deposit or expenditure of moneys in the
571	State Treasury.
572	4.a. Notwithstanding any provision of law restricting the
573	use of trust funds to specific purposes, unappropriated cash
574	balances from selected trust funds may be authorized by the
575	Legislature for transfer to the Budget Stabilization Fund and
576	Working Capital Fund in the General Appropriations Act.
577	b. This subparagraph does not apply to trust funds
578	required by federal programs or mandates; trust funds
579	established for bond covenants, indentures, or resolutions whose
580	revenues are legally pledged by the state or public body to meet
581	debt service or other financial requirements of any debt
582	obligations of the state or any public body; the State
583	Transportation Trust Fund; the trust fund containing the net
584	annual proceeds from the Florida Education Lotteries; the
585	Florida Retirement System Trust Fund; trust funds under the
586	management of the Board of Regents, where such trust funds are
587	for auxiliary enterprises, self-insurance, and contracts,
588	grants, and donations, as those terms are defined by general
589	law; trust funds that serve as clearing funds or accounts for
590	the Chief Financial OfficerComptrolleror state agencies; trust
591	funds that account for assets held by the state in a trustee
592	capacity as an agent or fiduciary for individuals, private
593	organizations, or other governmental units; and other trust
594	funds authorized by the State Constitution.
595	Section 10. If any law amended by this act was also
596	amended by a law enacted at the 2003 Regular Session of the
597	Legislature, such laws shall be construed as if they had been
598	enacted at the same session of the Legislature, and full effect
599	shall be given to each if possible.
600	Section 11. This act shall take effect July 1, 2003.