HOUSE AMENDMENT |
Bill No. CS/SB 8A |
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CHAMBER ACTION |
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Representative Kyle offered the following: |
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Amendment (with title amendment) |
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Remove everything after the enacting clause |
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and insert: |
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Section 1. Section 215.20, Florida Statutes, as amended by |
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section 61 of chapter 2002-402, Laws of Florida, is amended to |
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read: |
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(Substantial rewording of section. See
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s. 215.20, F.S., for present text.) |
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215.20 Certain income and certain trust funds to |
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contribute to the General Revenue Fund.-- |
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(1) A service charge of 7 percent, representing the |
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estimated pro rata share of the cost of general government paid |
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from the General Revenue Fund, is hereby appropriated from all |
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income of a revenue nature deposited in all trust funds except |
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those enumerated in s. 215.22. Income of a revenue nature shall |
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include all earnings received or credited by such trust funds, |
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including the interest or benefit received from the investment |
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of the principal of such trust funds as may be permitted by law. |
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This provision shall be construed in favor of the General |
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Revenue Fund in each instance. All such appropriations shall be |
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deposited in the General Revenue Fund. |
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(2) Notwithstanding the provisions of subsection (1): |
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(a) The trust funds of the Department of Citrus and the |
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Department of Agriculture and Consumer Services, including funds |
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collected in the General Inspection Trust Fund for marketing |
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orders and in the Florida Citrus Advertising Trust Fund, shall |
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be subject to a 3-percent service charge, which is hereby |
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appropriated to the General Revenue Fund. This paragraph does |
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not apply to the Conservation and Recreation Lands Program Trust |
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Fund, the Florida Quarter Horse Racing Promotion Trust Fund, the |
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Citrus Inspection Trust Fund, the Florida Forever Program Trust |
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Fund, the Florida Preservation 2000 Trust Fund, the Market |
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Improvements Working Capital Trust Fund, the Pest Control Trust |
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Fund, the Plant Industry Trust Fund, or other funds collected in |
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the General Inspection Trust Fund in the Department of |
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Agriculture and Consumer Services. |
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(b) The Save the Manatee Trust Fund in the Fish and |
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Wildlife Conservation Commission shall be subject to a 3-percent |
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service charge, which is hereby appropriated to the General |
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Revenue Fund. |
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(3) A service charge of 0.3 percent is hereby appropriated |
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from income of a revenue nature deposited in the trust funds |
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enumerated in subsection (4). Income of a revenue nature shall |
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include all earnings received or credited by such trust funds, |
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including the interest or benefit received from the investment |
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of the principal of such trust funds as may be permitted by law. |
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This provision shall be construed in favor of the General |
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Revenue Fund in each instance. All such appropriations shall be |
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deposited in the General Revenue Fund. |
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(4) The income of a revenue nature deposited in the |
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following described trust funds, by whatever name designated, is |
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that from which the appropriations authorized by subsection (3) |
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shall be made: |
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(a) Within the Agency for Health Care Administration: |
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1. The Florida Organ and Tissue Donor Education and |
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Procurement Trust Fund. |
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2. The Health Care Trust Fund. |
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3. The Resident Protection Trust Fund. |
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(b) Within the Agency for Workforce Innovation, the |
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Employment Security Administration Trust Fund. |
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(c) Within the Department of Agriculture and Consumer |
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Services: |
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1. The Conservation and Recreation Lands Program Trust |
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Fund. |
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2. The Florida Quarter Horse Racing Promotion Trust Fund. |
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3. The General Inspection Trust Fund and subsidiary |
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accounts thereof, unless a different percentage is authorized by |
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s. 570.20. |
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(d) Within the Department of Business and Professional |
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Regulation: |
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1. The Administrative Trust Fund. |
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2. The Alcoholic Beverage and Tobacco Trust Fund. |
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3. The Cigarette Tax Collection Trust Fund. |
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4. The Division of Florida Land Sales, Condominiums, and |
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Mobile Homes Trust Fund. |
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5. The Hotel and Restaurant Trust Fund, with the exception |
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of those fees collected for the purpose of funding of the |
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hospitality education program as stated in s. 509.302. |
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6. The Professional Regulation Trust Fund. |
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7. The trust funds administered by the Division of Pari- |
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mutuel Wagering. |
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(e) Within the Department of Children and Family Services: |
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1. The Administrative Trust Fund. |
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2. The Child Welfare Training Trust Fund. |
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3. The Children and Adolescents Substance Abuse Trust |
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Fund. |
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4. The Domestic Violence Trust Fund. |
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5. The Grants and Donations Trust Fund. |
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6. The Operations and Maintenance Trust Fund. |
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(f) Within the Department of Citrus, the Florida Citrus |
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Advertising Trust Fund, including transfers from any subsidiary |
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accounts thereof, unless a different percentage is authorized in |
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s. 601.15(7). |
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(g) Within the Department of Community Affairs, the |
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Operating Trust Fund. |
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(h) Within the Department of Education: |
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1. The Educational Certification and Service Trust Fund. |
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2. The Phosphate Research Trust Fund. |
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(i) Within the Department of Elderly Affairs: |
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1. The Administrative Trust Fund. |
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2. The Federal Grants Trust Fund. |
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3. The Grants and Donations Trust Fund. |
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4. The Operations and Maintenance Trust Fund. |
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(j) Within the Department of Environmental Protection: |
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1. The Administrative Trust Fund. |
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2. The Air Pollution Control Trust Fund. |
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3. The Conservation and Recreation Lands Trust Fund. |
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4. The Ecosystem Management and Restoration Trust Fund. |
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5. The Environmental Laboratory Trust Fund. |
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6. The Florida Coastal Protection Trust Fund. |
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7. The Florida Permit Fee Trust Fund. |
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8. The Forfeited Property Trust Fund. |
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9. The Grants and Donations Trust Fund. |
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10. The Inland Protection Trust Fund. |
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11. The Internal Improvement Trust Fund. |
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12. The Land Acquisition Trust Fund. |
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13. The Minerals Trust Fund. |
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14. The Nonmandatory Land Reclamation Trust Fund. |
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15. The State Park Trust Fund. |
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16. The Water Quality Assurance Trust Fund. |
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17. The Working Capital Trust Fund. |
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(k) Within the Department of Financial Services: |
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1. The Agents and Solicitors County Tax Trust Fund. |
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2. The Insurance Regulatory Trust Fund. |
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3. The Special Disability Trust Fund. |
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4. The Special Employment Security Administration Trust |
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Fund. |
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5. The Workers' Compensation Administration Trust Fund. |
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(l) Within the Department of Health: |
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1. The Administrative Trust Fund. |
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2. The Brain and Spinal Cord Injury Program Trust Fund. |
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3. The Donations Trust Fund. |
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4. The Emergency Medical Services Trust Fund. |
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5. The Epilepsy Services Trust Fund. |
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6. The Florida Drug, Device, and Cosmetic Trust Fund. |
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7. The Grants and Donations Trust Fund. |
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8. The Medical Quality Assurance Trust Fund. |
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9. The Nursing Student Loan Forgiveness Trust Fund. |
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10. The Planning and Evaluation Trust Fund. |
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11. The Radiation Protection Trust Fund. |
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(m) Within the Department of Highway Safety and Motor |
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Vehicles, the DUI Programs Coordination Trust Fund. |
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(n) Within the Department of Legal Affairs, the Crimes |
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Compensation Trust Fund. |
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(o) Within the Department of Management Services: |
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1. The Administrative Trust Fund. |
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2. The Architects Incidental Trust Fund. |
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3. The Bureau of Aircraft Trust Fund. |
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4. The Florida Facilities Pool Working Capital Trust Fund. |
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5. The Grants and Donations Trust Fund. |
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6. The Motor Vehicle Operating Trust Fund. |
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7. The Police and Firefighters' Premium Tax Trust Fund. |
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8. The Public Employees Relations Commission Trust Fund. |
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9. The State Personnel System Trust Fund. |
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10. The Supervision Trust Fund. |
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11. The Working Capital Trust Fund. |
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(p) Within the Department of Revenue: |
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1. The Additional Court Cost Clearing Trust Fund. |
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2. The Administrative Trust Fund. |
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3. The Apalachicola Bay Oyster Surcharge Clearing Trust |
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Fund. |
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4. The Certification Program Trust Fund. |
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5. The Fuel Tax Collection Trust Fund. |
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6. The Land Reclamation Trust Fund. |
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7. The Local Alternative Fuel User Fee Clearing Trust |
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Fund. |
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8. The Local Option Fuel Tax Trust Fund. |
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9. The Motor Vehicle Rental Surcharge Clearing Trust Fund. |
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10. The Motor Vehicle Warranty Trust Fund. |
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11. The Oil and Gas Tax Trust Fund. |
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12. The Secondhand Dealer and Secondary Metals Recycler |
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Clearing Trust Fund. |
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13. The Severance Tax Solid Mineral Trust Fund. |
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14. The State Alternative Fuel User Fee Clearing Trust |
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Fund. |
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15. All taxes levied on motor fuels other than gasoline |
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levied pursuant to the provisions of s. 206.87(1)(a). |
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(q) Within the Department of State: |
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1. The Division of Licensing Trust Fund. |
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2. The Records Management Trust Fund. |
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3. The trust funds administered by the Division of |
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Historical Resources. |
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(r) Within the Department of Transportation, all income |
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derived from outdoor advertising and overweight violations which |
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is deposited in the State Transportation Trust Fund. |
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(s) Within the Department of Veterans' Affairs: |
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1. The Grants and Donations Trust Fund. |
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2. The Operations and Maintenance Trust Fund. |
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3. The State Homes for Veterans Trust Fund. |
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(t) Within the Division of Administrative Hearings, the |
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Administrative Trust Fund. |
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(u) Within the Fish and Wildlife Conservation Commission: |
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1. The Conservation and Recreation Lands Program Trust |
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Fund. |
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2. The Florida Panther Research and Management Trust Fund. |
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3. The Land Acquisition Trust Fund. |
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4. The Marine Resources Conservation Trust Fund, with the |
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exception of those fees collected for recreational saltwater |
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fishing licenses as provided in s. 372.57. |
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(v) Within the Florida Public Service Commission, the |
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Florida Public Service Regulatory Trust Fund. |
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(w) Within the Justice Administrative Commission, the |
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Indigent Criminal Defense Trust Fund. |
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(x) Within the Office of Financial Regulation of the |
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Financial Services Commission: |
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1. The Administrative Trust Fund. |
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2. The Anti-Fraud Trust Fund. |
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3. The Financial Institutions' Regulatory Trust Fund. |
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4. The Mortgage Brokerage Guaranty Fund. |
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5. The Regulatory Trust Fund. |
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The enumeration of the foregoing moneys or trust funds shall not |
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prohibit the applicability thereto of s. 215.24 should the |
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Governor determine that for the reasons mentioned in s. 215.24 |
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the money or trust funds should be exempt herefrom, as it is the |
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purpose of this law to exempt income from its force and effect |
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when, by the operation of this law, federal matching funds or |
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contributions or private grants to any trust fund would be lost |
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to the state. |
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(5) There is appropriated from the proper respective trust |
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funds from time to time such sums as may be necessary to pay to |
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the General Revenue Fund the service charges imposed by this |
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section. |
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Section 2. Subsection (1) of section 215.22, Florida |
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Statutes, as amended by section 63 of chapter 2002-402, Laws of |
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Florida, is amended to read: |
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215.22 Certain income and certain trust funds exempt.-- |
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(1) The following income of a revenue nature or the |
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following trust funds shall be exempt from the appropriation |
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deductionrequired by s. 215.20(1): |
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(a) Student financial aid or prepaid tuition receipts. |
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(b) Trust funds administered by the Department of the |
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Lottery. |
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(c) Departmental administrative assessments for |
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administrative divisions. |
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(d) Funds charged by a state agency for services provided |
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to another state agency, by a state agency for services provided |
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to the judicial branch, or by the judicial branch for services |
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provided to a state agency. |
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(e) State, agency, or political subdivision investments by |
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the Chief Financial OfficerTreasurer. |
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(f) Retirement or employee benefit funds. |
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(g) Self-insurance programs administered by the Chief |
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Financial OfficerTreasurer. |
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(h) Funds held for the payment of citrus canker |
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eradication and compensation. |
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(i) Medicaid, Medicare, or third-party receipts for client |
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custodial care. |
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(j) Bond proceeds or revenues dedicated for bond |
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repayment, except for the Documentary Stamp Clearing Trust Fund |
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administered by the Department of Revenue. |
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(k) Trust funds administered by the Department of |
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Education. |
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(l) Trust funds administered by the Department of |
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Transportation. |
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(m) The followingtrust funds administered by the |
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Department of Agriculture and Consumer Services:. |
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1. The Citrus Inspection Trust Fund. |
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2. The Florida Forever Program Trust Fund. |
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3. The Florida Preservation 2000 Trust Fund. |
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4. The Market Improvements Working Capital Trust Fund. |
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5. The Pest Control Trust Fund. |
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6. The Plant Industry Trust Fund. |
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(n) The Motor Vehicle License Clearing Trust Fund. |
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(o) The Solid Waste Management Trust Fund. |
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(p) The Coconut Grove Playhouse Trust Fund. |
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(q) The Communications Working Capital Trust Fund of the |
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Department of Management Services. |
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(r) The Camp Blanding Management Trust Fund. |
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(s) The Indigent Criminal Defense Trust Fund. |
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(s)(t)That portion of the Highway Safety Operating Trust |
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Fund funded by the motorcycle safety education fee collected |
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pursuant to s. 320.08(1)(c). |
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(u) The Save the Manatee Trust Fund. |
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(t)(v)Tobacco Settlement Trust Funds administered by any |
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agency. |
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(u)(w)The Save Our Everglades Trust Fund. |
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(v)(x)The Florida Center for Nursing Trust Fund. |
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Section 3. Section 18.10, Florida Statutes, is renumbered |
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as section 17.57, Florida Statutes, and subsection (4) of said |
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section, as amended by section 65 of chapter 2002-402, Laws of |
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Florida, is amended to read: |
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17.5718.10Deposits and investments of state money.-- |
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(4) All earnings on any investments made pursuant to this |
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section are hereby appropriatedshall be creditedto the General |
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Revenue Fund, except that earnings attributable to moneys made |
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available pursuant to s. 17.61(3)(a) and (b)s. 18.125(3)shall |
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be credited pro rata to the funds from which such moneys were |
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made available. |
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Section 4. Section 18.125, Florida Statutes, is renumbered |
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as section 17.61, Florida Statutes, and subsection (3) of said |
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section, as amended by section 67 of chapter 2002-402, Laws of |
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Florida, is amended to read: |
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17.6118.125Chief Financial OfficerTreasurer; powers and |
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duties in the investment of certain funds.-- |
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(3)(a) Except as otherwise provided in this subsection,it |
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is the duty of each state agency, and of the judicial branch, |
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now or hereafter charged with the administration of the funds |
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referred to in subsection (1) to make such moneys available for |
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investment as fully as is consistent with the cash requirements |
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of the particular fund and to authorize investment of such |
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moneys by the Chief Financial OfficerTreasurer. |
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(b) Monthly, and more often as circumstances require, such |
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agency or judicial branch shall notify the Chief Financial |
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OfficerTreasurerof the amount available for investment; and |
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the moneys shall be invested by the Chief Financial Officer |
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Treasurer. Such notification shall include the name and number |
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of the fund for which the investments are to be made and the |
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life of the investment if the principal sum is to be required |
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for meeting obligations. This subsection, however, shall not be |
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construed to make available for investment any funds other than |
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those referred to in subsection (1). |
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(c) Except as provided in this paragraph and except for |
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moneys described in paragraph (d), the following agencies shall |
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not invest trust fund moneys as provided in this section, but |
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shall retain such moneys in their respective trust funds for |
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investment, with interest appropriated to the General Revenue |
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Fund, pursuant to s. 17.57: |
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1. The Agency for Health Care Administration, except for |
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the Tobacco Settlement Trust Fund. |
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2. The Department of Children and Family Services, except |
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for: |
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a. The Alcohol, Drug Abuse, and Mental Health Trust Fund. |
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b. The Community Resources Development Trust Fund. |
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c. The Refugee Assistance Trust Fund. |
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d. The Social Services Block Grant Trust Fund. |
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e. The Tobacco Settlement Trust Fund. |
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f. The Working Capital Trust Fund. |
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3. The Department of Community Affairs, only for the |
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Operating Trust Fund. |
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4. The Department of Corrections. |
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5. The Department of Elderly Affairs, except for: |
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a. The Federal Grants Trust Fund. |
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b. The Tobacco Settlement Trust Fund. |
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6. The Department of Health, except for: |
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a. The Federal Grants Trust Fund. |
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b. The Grants and Donations Trust Fund. |
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c. The Maternal and Child Health Block Grant Trust Fund. |
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d. The Tobacco Settlement Trust Fund. |
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7. The Department of Highway Safety and Motor Vehicles, |
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only for: |
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a. The DUI Programs Coordination Trust Fund. |
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b. The Security Deposits Trust Fund. |
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8. The Department of Juvenile Justice. |
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9. The Department of Law Enforcement. |
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10. The Department of Legal Affairs. |
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11. The Department of State, only for: |
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a. The Grants and Donations Trust Fund. |
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b. The Records Management Trust Fund. |
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12. The Executive Office of the Governor, only for: |
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a. The Economic Development Transportation Trust Fund. |
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b. The Economic Development Trust Fund. |
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13. The Florida Public Service Commission, only for the |
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Florida Public Service Regulatory Trust Fund. |
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14. The Justice Administrative Commission. |
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15. The state courts system. |
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(d) Moneys in any trust funds of the agencies in paragraph |
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(c) may be invested pursuant to the provisions of this section |
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if: |
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1. Investment of such moneys and the retention of interest |
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is required by federal programs or mandates; |
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2. Investment of such moneys and the retention of interest |
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is required by bond covenants, indentures, or resolutions; |
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3. Such moneys are held by the state in a trustee capacity |
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as an agent or fiduciary for individuals, private organizations, |
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or other governmental units; or |
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4. The Executive Office of the Governor determines, after |
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consultation with the Legislature pursuant to the procedures of |
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s. 216.177, that federal matching funds or contributions or |
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private grants to any trust fund would be lost to the state. |
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Section 5. Paragraph (f) of subsection (2) of section |
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14.2015, Florida Statutes, as amended by section 69 of chapter |
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2002-402, Laws of Florida, is amended to read: |
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14.2015 Office of Tourism, Trade, and Economic |
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Development; creation; powers and duties.-- |
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(2) The purpose of the Office of Tourism, Trade, and |
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Economic Development is to assist the Governor in working with |
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the Legislature, state agencies, business leaders, and economic |
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development professionals to formulate and implement coherent |
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and consistent policies and strategies designed to provide |
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economic opportunities for all Floridians. To accomplish such |
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purposes, the Office of Tourism, Trade, and Economic Development |
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shall: |
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(f)1. Administer the Florida Enterprise Zone Act under ss. |
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290.001-290.016, the community contribution tax credit program |
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under ss. 220.183 and 624.5105, the tax refund program for |
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qualified target industry businesses under s. 288.106, the tax- |
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refund program for qualified defense contractors under s. |
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288.1045, contracts for transportation projects under s. |
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288.063, the sports franchise facility program under s. |
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288.1162, the professional golf hall of fame facility program |
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under s. 288.1168, the expedited permitting process under s. |
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403.973, the Rural Community Development Revolving Loan Fund |
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under s. 288.065, the Regional Rural Development Grants Program |
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under s. 288.018, the Certified Capital Company Act under s. |
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288.99, the Florida State Rural Development Council, the Rural |
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Economic Development Initiative, and other programs that are |
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specifically assigned to the office by law, by the |
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appropriations process, or by the Governor. Notwithstanding any |
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other provisions of law, the office may expend interest earned |
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from the investment of program funds deposited in the Economic |
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Development Trust Fund, the Grants and Donations Trust Fund and, |
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the Brownfield Property Ownership Clearance Assistance Revolving |
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Loan Trust Fund, and the Economic Development Transportation |
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Trust Fundto contract for the administration of the programs, |
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or portions of the programs, enumerated in this paragraph or |
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assigned to the office by law, by the appropriations process, or |
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by the Governor. Such expenditures shall be subject to review |
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under chapter 216. |
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2. The office may enter into contracts in connection with |
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the fulfillment of its duties concerning the Florida First |
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Business Bond Pool under chapter 159, tax incentives under |
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chapters 212 and 220, tax incentives under the Certified Capital |
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Company Act in chapter 288, foreign offices under chapter 288, |
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the Enterprise Zone program under chapter 290, the Seaport |
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Employment Training program under chapter 311, the Florida |
431
|
Professional Sports Team License Plates under chapter 320, |
432
|
Spaceport Florida under chapter 331, Expedited Permitting under |
433
|
chapter 403, and in carrying out other functions that are |
434
|
specifically assigned to the office by law, by the |
435
|
appropriations process, or by the Governor. |
436
|
Section 6. Subsection (7) of section 1009.66, Florida |
437
|
Statutes, as amended by section 71 of chapter 2002-402, Laws of |
438
|
Florida, by section 3 of chapter 2002-400, Laws of Florida, and |
439
|
by chapter 2003-1, Laws of Florida, is amended to read: |
440
|
1009.66 Nursing Student Loan Forgiveness Program.-- |
441
|
(7)(a)Funds contained in the Nursing Student Loan |
442
|
Forgiveness Trust Fund which are to be used for loan forgiveness |
443
|
for those nurses employed by hospitals, birth centers, and |
444
|
nursing homes must be matched on a dollar-for-dollar basis by |
445
|
contributions from the employing institutions, except that this |
446
|
provision shall not apply to state-operated medical and health |
447
|
care facilities, public schools, county health departments, |
448
|
federally sponsored community health centers, teaching hospitals |
449
|
as defined in s. 408.07, family practice teaching hospitals as |
450
|
defined in s. 395.805, or specialty hospitals for children as |
451
|
used in s. 409.9119. An estimate of the annual trust fund |
452
|
dollars shall be made at the beginning of the fiscal year based |
453
|
on historic expenditures from the trust fund. Applicant requests |
454
|
shall be reviewed on a quarterly basis, and applicant awards |
455
|
shall be based on the following priority of employer until all |
456
|
such estimated trust funds are awarded: state-operated medical |
457
|
and health care facilities; public schools; county health |
458
|
departments; federally sponsored community health centers; |
459
|
teaching hospitals as defined in s. 408.07; family practice |
460
|
teaching hospitals as defined in s. 395.805; specialty hospitals |
461
|
for children as used in s. 409.9119; and other hospitals, birth |
462
|
centers, and nursing homes. |
463
|
(b) All Nursing Student Loan Forgiveness Trust Fund moneys |
464
|
shall be invested pursuant to s. 18.125. Interest income |
465
|
accruing to that portion of the trust fund not matched shall |
466
|
increase the total funds available for loan forgiveness and |
467
|
scholarships. Pledged contributions shall not be eligible for |
468
|
matching prior to the actual collection of the total private |
469
|
contribution for the year. |
470
|
Section 7. Subsection (3) of section 385.207, Florida |
471
|
Statutes, as amended by section 73 of chapter 2002-402, Laws of |
472
|
Florida, is amended to read: |
473
|
385.207 Care and assistance of persons with epilepsy; |
474
|
establishment of programs in epilepsy control.-- |
475
|
(3) Revenue for statewide implementation of programs for |
476
|
epilepsy prevention and education pursuant to this section shall |
477
|
be derived pursuant to the provisions of s. 318.21(6) and shall |
478
|
be deposited in the Epilepsy Services Trust Fund, which is |
479
|
hereby established to be administered by the Department of |
480
|
Health. All funds deposited into the trust fund shall be |
481
|
invested pursuant to the provisions of s. 18.125. Interest |
482
|
income accruing to such invested funds shall increase the total |
483
|
funds available under this subsection. |
484
|
Section 8. Subsection (1) of section 938.01, Florida |
485
|
Statutes, as amended by section 77 of chapter 2002-402, Laws of |
486
|
Florida, is amended to read: |
487
|
938.01 Additional Court Cost Clearing Trust Fund.-- |
488
|
(1) All courts created by Art. V of the State Constitution |
489
|
shall, in addition to any fine or other penalty, assess $3 as a |
490
|
court cost against every person convicted for violation of a |
491
|
state penal or criminal statute or convicted for violation of a |
492
|
municipal or county ordinance. Any person whose adjudication is |
493
|
withheld pursuant to the provisions of s. 318.14(9) or (10) |
494
|
shall also be assessed such cost. In addition, $3 from every |
495
|
bond estreature or forfeited bail bond related to such penal |
496
|
statutes or penal ordinances shall be remitted to the Department |
497
|
of Revenue as described in this subsection. However, no such |
498
|
assessment may be made against any person convicted for |
499
|
violation of any state statute, municipal ordinance, or county |
500
|
ordinance relating to the parking of vehicles. |
501
|
(a) All costs collected by the courts pursuant to this |
502
|
subsection shall be remitted to the Department of Revenue in |
503
|
accordance with administrative rules adopted by the executive |
504
|
director of the Department of Revenue for deposit in the |
505
|
Additional Court Cost Clearing Trust Fund. These funds and the |
506
|
funds deposited in the Additional Court Cost Clearing Trust Fund |
507
|
pursuant to s. 318.21(2)(c) shall be distributed as follows: |
508
|
1. Ninety-two percent to the Department of Law Enforcement |
509
|
Criminal Justice Standards and Training Trust Fund. |
510
|
2. Six and three-tenths percent to the Department of Law |
511
|
Enforcement Operating Trust Fund for the Criminal Justice Grant |
512
|
Program. |
513
|
3. One and seven-tenths percent to the Department of |
514
|
Children and Family Services Domestic Violence Trust Fund for |
515
|
the domestic violence program pursuant to s. 39.903(3). |
516
|
(b) The funds deposited in the Department of Law |
517
|
Enforcement Criminal Justice Standards and Training Trust Fund, |
518
|
the Department of Law Enforcement Operating Trust Fund, and the |
519
|
Department of Children and Family Services Domestic Violence |
520
|
Trust Fund may be invested. Any interest earned from investing |
521
|
such funds and any unencumbered funds remaining at the end of |
522
|
the budget cycle shall remain in the respective trust fund. |
523
|
(b)(c)All funds in the Department of Law Enforcement |
524
|
Criminal Justice Standards and Training Trust Fund shall be |
525
|
disbursed only in compliance with s. 943.25(9). |
526
|
Section 9. Paragraph (b) of subsection (2) of section |
527
|
215.32, Florida Statutes, is reenacted and amended to read: |
528
|
215.32 State funds; segregation.-- |
529
|
(2) The source and use of each of these funds shall be as |
530
|
follows: |
531
|
(b)1. The trust funds shall consist of moneys received by |
532
|
the state which under law or under trust agreement are |
533
|
segregated for a purpose authorized by law. The state agency or |
534
|
branch of state government receiving or collecting such moneys |
535
|
shall be responsible for their proper expenditure as provided by |
536
|
law. Upon the request of the state agency or branch of state |
537
|
government responsible for the administration of the trust fund, |
538
|
the Chief Financial OfficerComptrollermay establish accounts |
539
|
within the trust fund at a level considered necessary for proper |
540
|
accountability. Once an account is established within a trust |
541
|
fund, the Chief Financial OfficerComptrollermay authorize |
542
|
payment from that account only upon determining that there is |
543
|
sufficient cash and releases at the level of the account. |
544
|
2. In order to maintain a minimum number of trust funds in |
545
|
the State Treasury, each state agency or the judicial branch may |
546
|
consolidate, if permitted under the terms and conditions of |
547
|
their receipt, the trust funds administered by it; provided, |
548
|
however, the agency or judicial branch employs effectively a |
549
|
uniform system of accounts sufficient to preserve the integrity |
550
|
of such trust funds; and provided, further, that consolidation |
551
|
of trust funds is approved by the Governor or the Chief Justice. |
552
|
3. All such moneys are hereby appropriated to be expended |
553
|
in accordance with the law or trust agreement under which they |
554
|
were received, subject always to the provisions of chapter 216 |
555
|
relating to the appropriation of funds and to the applicable |
556
|
laws relating to the deposit or expenditure of moneys in the |
557
|
State Treasury. |
558
|
4.a. Notwithstanding any provision of law restricting the |
559
|
use of trust funds to specific purposes, unappropriated cash |
560
|
balances from selected trust funds may be authorized by the |
561
|
Legislature for transfer to the Budget Stabilization Fund and |
562
|
Working Capital Fund in the General Appropriations Act. |
563
|
b. This subparagraph does not apply to trust funds |
564
|
required by federal programs or mandates; trust funds |
565
|
established for bond covenants, indentures, or resolutions whose |
566
|
revenues are legally pledged by the state or public body to meet |
567
|
debt service or other financial requirements of any debt |
568
|
obligations of the state or any public body; the State |
569
|
Transportation Trust Fund; the trust fund containing the net |
570
|
annual proceeds from the Florida Education Lotteries; the |
571
|
Florida Retirement System Trust Fund; trust funds under the |
572
|
management of the Board of Regents, where such trust funds are |
573
|
for auxiliary enterprises, self-insurance, and contracts, |
574
|
grants, and donations, as those terms are defined by general |
575
|
law; trust funds that serve as clearing funds or accounts for |
576
|
the Chief Financial OfficerComptrolleror state agencies; trust |
577
|
funds that account for assets held by the state in a trustee |
578
|
capacity as an agent or fiduciary for individuals, private |
579
|
organizations, or other governmental units; and other trust |
580
|
funds authorized by the State Constitution. |
581
|
Section 10. If any law amended by this act was also |
582
|
amended by a law enacted at the 2003 Regular Session of the |
583
|
Legislature, such laws shall be construed as if they had been |
584
|
enacted at the same session of the Legislature, and full effect |
585
|
shall be given to each if possible. |
586
|
Section 11. This act shall take effect July 1, 2003. |
587
|
|
588
|
================= T I T L E A M E N D M E N T ================= |
589
|
Remove the entire title |
590
|
|
591
|
and insert: |
592
|
A bill to be entitled |
593
|
An act relating to trust funds; amending s. 215.20, F.S.; |
594
|
revising the formula for contribution by certain trust |
595
|
funds to the General Revenue Fund; amending s. 215.22, |
596
|
F.S.; exempting certain trust funds and revenues from the |
597
|
appropriation required by s. 215.20, F.S.; updating |
598
|
references to the Treasurer; renumbering and amending s. |
599
|
18.10, F.S.; appropriating certain earnings on investments |
600
|
to the General Revenue Fund; renumbering and amending s. |
601
|
18.125, F.S.; providing for the method of investment, and |
602
|
the disposition of interest earned on such investment, of |
603
|
certain trust fund moneys of specified agencies; updating |
604
|
references to the Treasurer; amending s. 14.2015, F.S.; |
605
|
revising disposition of certain interest earned by the |
606
|
Office of Tourism, Trade, and Economic Development; |
607
|
amending s. 1009.66, F.S.; revising disposition of |
608
|
interest earned on Nursing Student Loan Forgiveness Trust |
609
|
Fund moneys; amending s. 385.207, F.S.; revising |
610
|
disposition of interest earned on Epilepsy Services Trust |
611
|
Fund moneys; amending s. 938.01, F.S.; revising |
612
|
disposition of interest earned on specified trust funds of |
613
|
the Department of Law Enforcement and Department of |
614
|
Children and Family Services; reenacting and amending s. |
615
|
215.32(2)(b), F.S., relating to segregation of state |
616
|
funds; updating references to the Comptroller; providing |
617
|
for construction of the act in pari materia with laws |
618
|
enacted during the 2003 Regular Session of the |
619
|
Legislature; providing an effective date. |
620
|
|