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.