HB 0069A 2003
1	A bill to be entitled
2	An act relating to trust funds; terminating specified
3	trust funds within the Department of State and the
4	Department of Transportation; providing for disposition of
5	balances in and revenues of such trust funds; amending s.
6	15.09, F.S.; providing for deposit of all funds collected
7	by the Division of Corporations of the Department of State
8	into the General Revenue Fund; deleting a provision that
9	created and provided uses of the Public Access Data
10	Systems Trust Fund, to conform; amending s. 215.22, F.S.;
11	deleting a reference to the Coconut Grove Playhouse Trust
12	Fund, to conform; updating references to the Treasurer;
13	amending s. 265.284, F.S.; revising sources of funding for
14	the Florida Fine Arts Trust Fund; amending s. 265.2861,
15	F.S.; deleting provisions transferring funds from the
16	Cultural Institutions Trust Fund to certain grant programs
17	and entities; eliminating a funding source of the trust
18	fund; removing a restriction on grant recipients under the
19	Cultural Institutions Program against receiving funds from
20	certain other arts grants programs; repealing s. 265.2901,
21	F.S., relating to the Coconut Grove Playhouse Trust Fund,
22	to conform; amending s. 267.0617, F.S.; removing a
23	provision specifying funding sources for the Historic
24	Preservation Grant Program; amending s. 320.08058, F.S.;
25	changing the distribution of proceeds of the Florida arts
26	license plate annual use fees; directing maintenance of
27	priority rankings for certain Department of State grant
28	programs for fiscal year 2004-2005 grant cycles; repealing
29	ss. 607.1901, 607.19011, 617.1901, and 620.183, F.S.,
30	relating to the Corporations Trust Fund, to conform;
31	amending ss. 607.193 and 865.09, F.S.; deleting cross
32	references and references to the Corporations Trust Fund,
33	to conform; providing for deposit of certain moneys into
34	the General Revenue Fund; providing for construction of
35	the act in pari materia with laws enacted during the 2003
36	Regular Session of the Legislature; providing an effective
37	date.
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1. (1) The following trust funds within the
42	following departments are terminated:
43	(a) Within the Department of State:
44	1. The Corporations Trust Fund, FLAIR number 45-2-130.
45	2. The Coconut Grove Playhouse Trust Fund, FLAIR number
46	45-2-097.
47	3. The Public Access Data Systems Trust Fund, FLAIR number
48	45-2-542.
49	(b) Within the Department of Transportation, the Turnpike
50	Controlled Access Trust Fund, FLAIR number 55-2-334.
51	(2) Unless otherwise provided, all current balances
52	remaining in, and all revenues of, each trust fund terminated by
53	this act shall be transferred to the General Revenue Fund.
54	(3) For each trust fund terminated by this act, the agency
55	that administers the trust fund shall pay any outstanding debts
56	and obligations of the terminated fund as soon as practicable,
57	and the Chief Financial Officer shall close out and remove the
58	terminated fund from the various state accounting systems using
59	generally accepted accounting principles concerning warrants
60	outstanding, assets, and liabilities.
61	Section 2. Section 15.09, Florida Statutes, is amended to
62	read:
63	15.09 Fees.--
64	(1) The fees, except as provided by law, to be collected
65	by the Department of State, are:
66	(a) For searching of papers or records, $3.50, except that
67	there shall be no charge for telephone requests for general
68	corporate information, including the corporation's status, names
69	of officers and directors, address of principal place of
70	business, and name and address of resident agent.
71	(b) For providing a certificate with seal, $8.75; however,
72	no fee shall be charged for providing a certificate with seal to
73	any officer appointed to an office requiring Senate
74	confirmation.
75	(c) For furnishing statistical information and for copying
76	any document not mentioned, $1 per page or fraction thereof.
77	(2) The department may in its discretion establish a
78	reasonable fee for filing or copying any document or instrument
79	not mentioned herein or provided for in other laws.
80	(3) All fees arising from certificates of election or
81	appointment to office and from commissions to officers shall be
82	paid to the Treasurer for deposit in the General Revenue Fund.
83	(4) All funds collected by the Division of Corporations of
84	the department shall be deposited in the General Revenue
85	Corporations TrustFund.
86	(5)(a) There is created within the Department of State a
87	Public Access Data Systems Trust Fund, which shall be used by
88	the department to purchase information systems and equipment
89	that provide greater public accessibility to the information and
90	records maintained by it. Notwithstanding any other provision of
91	law, the Divisions of Licensing, Elections, and Corporations of
92	the department shall transfer each fiscal year to the Public
93	Access Data Systems Trust Fund from their respective trust
94	funds:
95	1. An amount equal to 2 percent of all revenues received
96	for the processing of documents, filings, or information
97	requests.
98	2. All public access network revenues collected pursuant
99	to s. 15.16 or s. 119.085.
100	(b) Funds from the Public Access Data Systems Trust Fund
101	may be appropriated for the operations of the department.
102	Section 3. Subsection (1) of section 215.22, Florida
103	Statutes, as amended by section 63 of chapter 2002-402, Laws of
104	Florida, is amended to read:
105	215.22 Certain income and certain trust funds exempt.--
106	(1) The following income of a revenue nature or the
107	following trust funds shall be exempt from the deduction
108	required by s. 215.20(1):
109	(a) Student financial aid or prepaid tuition receipts.
110	(b) Trust funds administered by the Department of the
111	Lottery.
112	(c) Departmental administrative assessments for
113	administrative divisions.
114	(d) Funds charged by a state agency for services provided
115	to another state agency, by a state agency for services provided
116	to the judicial branch, or by the judicial branch for services
117	provided to a state agency.
118	(e) State, agency, or political subdivision investments by
119	the Chief Financial OfficerTreasurer.
120	(f) Retirement or employee benefit funds.
121	(g) Self-insurance programs administered by the Chief
122	Financial OfficerTreasurer.
123	(h) Funds held for the payment of citrus canker
124	eradication and compensation.
125	(i) Medicaid, Medicare, or third-party receipts for client
126	custodial care.
127	(j) Bond proceeds or revenues dedicated for bond
128	repayment, except for the Documentary Stamp Clearing Trust Fund
129	administered by the Department of Revenue.
130	(k) Trust funds administered by the Department of
131	Education.
132	(l) Trust funds administered by the Department of
133	Transportation.
134	(m) Trust funds administered by the Department of
135	Agriculture and Consumer Services.
136	(n) The Motor Vehicle License Clearing Trust Fund.
137	(o) The Solid Waste Management Trust Fund.
138	(p) The Coconut Grove Playhouse Trust Fund.
139	(p)(q)The Communications Working Capital Trust Fund of
140	the Department of Management Services.
141	(q)(r)The Camp Blanding Management Trust Fund.
142	(r)(s)The Indigent Criminal Defense Trust Fund.
143	(s)(t)That portion of the Highway Safety Operating Trust
144	Fund funded by the motorcycle safety education fee collected
145	pursuant to s. 320.08(1)(c).
146	(t)(u)The Save the Manatee Trust Fund.
147	(u)(v)Tobacco Settlement Trust Funds administered by any
148	agency.
149	(v)(w)The Save Our Everglades Trust Fund.
150	(w)(x)The Florida Center for Nursing Trust Fund.
151	Section 4. Subsection (4) of section 265.284, Florida
152	Statutes, is amended to read:
153	265.284 Chief cultural officer; director of division;
154	powers and duties.--
155	(4) There is created the Florida Fine Arts Trust Fund to
156	be administered by the Department of State for the purposes set
157	forth by law. The Florida Fine Arts Trust Fund shall consist of
158	moneys appropriated by the Legislature and moneys contributed to
159	the fund from any other sourcereceive distributions as provided
160	in s. 320.08058.
161	Section 5. Section 265.2861, Florida Statutes, is amended
162	to read:
163	265.2861 Cultural Institutions Program; trust fund.--
164	(1) CULTURAL INSTITUTIONS TRUST FUND.--There is created a
165	Cultural Institutions Trust Fund to be administered by the
166	Department of State for the purposes set forth in this section
167	and to support the following programs as follows:
168	(a) For Statewide arts grants, $2.7 million.
169	(b) For Arts in education and visiting arts programs,
170	$250,000.
171	(c) For The State Touring Program, $200,000. First
172	priority for the issuance of State Touring Program grants shall
173	be given to applicants that reside in counties with a population
174	of 75,000 or less.
175	(d) ForLocal arts agencies or state service
176	organizations, $400,000.
177	(e)1. For the officially designated Art Museum of the
178	State of Florida described in s. 1004.45, $2.2 million, and for
179	state-owned cultural facilities assigned to the Department of
180	State, which receive a portion of any operating funds from the
181	Department of State and one of the primary purposes of which is
182	the presentation of fine arts or performing arts, $500,000.
183	2. For fiscal year 2001-2002 only, the provisions of
184	subparagraph 1. relating to state-owned cultural facilities
185	shall not be applicable. This subparagraph expires July 1, 2002.
186
187	The trust fund shall consist of moneys appropriated by the
188	Legislature, moneys deposited pursuant to s. 607.1901(2),and
189	moneys contributed to the fund from any other source.
190	(2) CULTURAL INSTITUTIONS PROGRAM.--
191	(a) There is created within the Department of State a
192	Cultural Institutions Program.
193	(b) The Department of State shall establish, by rule,
194	criteria for the award of grants to cultural organizations,
195	including criteria relating to program quality, potential public
196	exposure and benefit, fiscal stability, ability to properly
197	administer grant funds, procedures for peer evaluation, and
198	other matters deemed necessary and appropriate to further the
199	purposes of this section. The Division of Cultural Affairs shall
200	award grants to supplement the financial support of cultural
201	organizations that have displayed a sustained commitment to
202	cultural excellence and to recognize organizations for superior
203	cultural contributions that have regional or statewide impact.
204	(c) Cultural organizations shall receive funding by the
205	Division of Cultural Affairs from the Cultural Institutions
206	Trust Fund.
207	(d) Except for programs that receive funds for challenge
208	grants, grants promoting arts education, grants for touring
209	programs, and grants for international cultural exchange
210	programs, an organization that receives a grant under the
211	Cultural Institutions Program is precluded from receiving funds
212	from other art grants programs administered under s. 265.286, s.
213	265.608, or s. 265.609, by the Division of Cultural Affairs.
214	(d)(e)1. Upon appropriation by the Legislature of funds
215	for the Cultural Institutions Program, the Department of State
216	shall execute a contract with each organization, which must
217	contain information relative to the program, the projected
218	operating income and expenses, and other provisions deemed
219	necessary by the department for the administration of the
220	program.
221	2. Each recipient organization must submit an annual
222	report to the Division of Cultural Affairs detailing the
223	expenditure of funds and is subject to the auditing provisions
224	and rules of the division.
225	(e)(f)Each organization shall cause an annual postaudit
226	or independent attestation of its financial accounts, to be
227	conducted by an independent certified public accountant. The
228	annual audit report must be submitted to the Department of State
229	for review. The department may require and receive from the
230	recipient institution, or from its independent auditor, any
231	detail or supplemental data relative to the operation of such
232	institution.
233	(f)(g)The Department of State shall adopt rules necessary
234	to administer this section.
235	Section 6. Section 265.2901, Florida Statutes, is
236	repealed.
237	Section 7. Section 267.0617, Florida Statutes, is amended
238	to read:
239	267.0617 Historic Preservation Grant Program.--
240	(1) There is hereby created within the division the
241	Historic Preservation Grant Program, which shall make grants of
242	moneys appropriated by the Legislature, moneys deposited
243	pursuant to ss. 550.0351(2) and 607.1901(2)(g), and moneys
244	contributed for that purpose from any other source. The program
245	funds shall be used by the division for the purpose of financing
246	grants in furtherance of the purposes of this section.
247	(1)(2) The division mayis authorized to conduct and carry
248	out a program to provideofhistoric preservation grants-in-aid,
249	including matching grants, to any department or agency of the
250	state; any unit of county, municipal, or other local government;
251	any corporation, partnership, or other organization, whether
252	public or private or whether or not for profit; or any
253	individual for projects having as their purpose the
254	identification, acquisition, protection, preservation,
255	rehabilitation, restoration, or construction of historic sites
256	and properties, or Florida history, or the planning of such
257	activities. Funds appropriated from general revenue for the
258	historic preservation grants-in-aid program shall not be
259	provided for a project owned by private individuals or owned by
260	for-profit corporations. All moneys received from any source as
261	appropriations, deposits, or contributions to this program shall
262	be paid and credited to the Historical Resources Operating Trust
263	Fund.
264	(2)(3)All grants of state funds to assist the
265	preservation of historic properties shall be made from the
266	Historical Resources Operating Trust Fund and may be awarded
267	only pursuant to applications for such assistance made to the
268	Division of Historical Resources. The Florida Historical
269	Commission shall review each application for a special category
270	historic preservation grant-in-aid. Special category historic
271	preservation grants-in-aid are those reviewed and recommended by
272	the Secretary of State for submission for legislative funding
273	consideration. Grant review panels appointed by the Secretary of
274	State and chaired by a member of the Florida Historical
275	Commission shall review each application for other historic
276	preservation grants-in-aid. The reviewing body shall submit
277	annually to the Secretary of State for approval lists of all
278	applications that are recommended by the reviewing body for the
279	award of grants, arranged in order of priority.
280	(3)(4)The Division of Historical Resources may accept and
281	administer moneys appropriated to it for the purpose of
282	providing grants for the projects approved by the Secretary of
283	State.
284	(4)(5)The Division of Historical Resources shall adopt
285	rules prescribing the criteria to be applied by the Florida
286	Historical Commission and the grant review panels in
287	recommending applications for the award of grants and rules
288	providing for the administration of the other provisions of this
289	section.
290	Section 8. Subsection (12) of section 320.08058, Florida
291	Statutes, is amended to read:
292	320.08058 Specialty license plates.--
293	(12) FLORIDA ARTS LICENSE PLATES.--
294	(a) The Department of Highway Safety and Motor Vehicles
295	shall develop a Florida arts license plate as provided in this
296	section. In small letters, the word "Florida" must appear at the
297	top of the plate, and the word "Art" or "Arts" or a combination
298	of words including the word "Art" or "Arts" may appear at the
299	bottom of the plate.
300	(b) The license plate annual use fees are to be annually
301	distributed as follows:
302	1. All fees collected must be forwarded quarterly to the
303	single arts council officially designated by the county in
304	direct proportion to the amounts of fees collected in each
305	county. If there is no county arts council, fees collected must
306	be forwarded to such other agency in the county as the highest
307	ranking county administrative official designates, to be applied
308	by the arts council or agency to support arts organizations,
309	arts programs, and arts activities within the countyDivision of
310	Cultural Affairs of the Department of State, together with a
311	report setting forth the amount of such fees collected in each
312	county, and must be deposited into the Florida Fine Arts Trust
313	Fund.
314	2. The Division of Cultural Affairs shall distribute the
315	fees forwarded to it by the department to the counties in the
316	amounts set forth in the report required under subparagraph 1.,
317	in each case to the county arts council for such county or, if
318	there is none, to such other agency in the county as the
319	division designates, to be applied by the council or agency to
320	support art organizations, programs, and activities within the
321	county.
322	(c) The Division of Cultural Affairs shall have the
323	authority to administer this subsection under rules established
324	by the Division of Cultural Affairs. The agency may adopt only
325	rules that implement, interpret, or make specific the particular
326	powers and duties granted by this subsection.
327	Section 9. A project that is ranked but not funded for the
328	fiscal year 2003-2004 grant cycle under the Department of
329	State's Historical Facilities Special Category Fixed Capital
330	Outlay Grants Program, Cultural Facilities Fixed Capital Outlay
331	Grants Program, Regional Cultural Facilities Grants Program, or
332	Library Construction Fixed Capital Outlay Grants Program shall,
333	if it continues to meet applicable criteria for the grant
334	program for which it is ranked, maintain its relative ranking
335	for the fiscal year 2004-2005 grant cycle and shall receive
336	priority ranking over new projects applying for the fiscal year
337	2004-2005 grant cycle.
338	Section 10. Sections 607.1901, 607.19011, 617.1901, and
339	620.183, Florida Statutes, are repealed.
340	Section 11. Subsection (3) of section 607.193, Florida
341	Statutes, is amended to read:
342	607.193 Supplemental corporate fee.--
343	(3) The Department of State shall adopt rules and
344	prescribe forms necessary to carry out the purposes of this
345	section. Notwithstanding s. 607.1901, proceeds from the
346	supplemental corporate fee, including any late charges, shall be
347	deposited into the General Revenue Fund.
348	Section 12. Subsection (13) of section 865.09, Florida
349	Statutes, is amended to read:
350	865.09 Fictitious name registration.--
351	(13) DEPOSIT OF FUNDS.--All funds required to be paid to
352	the Department of State pursuant to this section shall be
353	collected and deposited into the General RevenueCorporations
354	TrustFund.
355	Section 13. If any law amended by this act was also
356	amended by a law enacted at the 2003 Regular Session of the
357	Legislature, such laws shall be construed as if they had been
358	enacted at the same session of the Legislature, and full effect
359	shall be given to each if possible.
360	Section 14. This act shall take effect July 1, 2003.