HOUSE AMENDMENT
Bill No. CS/SB 8A
   
1 CHAMBER ACTION
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Senate House
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12          Representative Kyle offered the following:
13         
14          Amendment (with title amendment)
15          Remove everything after the enacting clause
16         
17          and insert:
18          Section 1. Section 215.20, Florida Statutes, as amended by
19    section 61 of chapter 2002-402, Laws of Florida, is amended to
20    read:
21          (Substantial rewording of section. See
22          s. 215.20, F.S., for present text.)
23          215.20 Certain income and certain trust funds to
24    contribute to the General Revenue Fund.--
25          (1) A service charge of 7 percent, representing the
26    estimated pro rata share of the cost of general government paid
27    from the General Revenue Fund, is hereby appropriated from all
28    income of a revenue nature deposited in all trust funds except
29    those enumerated in s. 215.22. Income of a revenue nature shall
30    include all earnings received or credited by such trust funds,
31    including the interest or benefit received from the investment
32    of the principal of such trust funds as may be permitted by law.
33    This provision shall be construed in favor of the General
34    Revenue Fund in each instance. All such appropriations shall be
35    deposited in the General Revenue Fund.
36          (2) Notwithstanding the provisions of subsection (1):
37          (a) The trust funds of the Department of Citrus and the
38    Department of Agriculture and Consumer Services, including funds
39    collected in the General Inspection Trust Fund for marketing
40    orders and in the Florida Citrus Advertising Trust Fund, shall
41    be subject to a 3-percent service charge, which is hereby
42    appropriated to the General Revenue Fund. This paragraph does
43    not apply to the Conservation and Recreation Lands Program Trust
44    Fund, the Florida Quarter Horse Racing Promotion Trust Fund, the
45    Citrus Inspection Trust Fund, the Florida Forever Program Trust
46    Fund, the Florida Preservation 2000 Trust Fund, the Market
47    Improvements Working Capital Trust Fund, the Pest Control Trust
48    Fund, the Plant Industry Trust Fund, or other funds collected in
49    the General Inspection Trust Fund in the Department of
50    Agriculture and Consumer Services.
51          (b) The Save the Manatee Trust Fund in the Fish and
52    Wildlife Conservation Commission shall be subject to a 3-percent
53    service charge, which is hereby appropriated to the General
54    Revenue Fund.
55          (3) A service charge of 0.3 percent is hereby appropriated
56    from income of a revenue nature deposited in the trust funds
57    enumerated in subsection (4). Income of a revenue nature shall
58    include all earnings received or credited by such trust funds,
59    including the interest or benefit received from the investment
60    of the principal of such trust funds as may be permitted by law.
61    This provision shall be construed in favor of the General
62    Revenue Fund in each instance. All such appropriations shall be
63    deposited in the General Revenue Fund.
64          (4) The income of a revenue nature deposited in the
65    following described trust funds, by whatever name designated, is
66    that from which the appropriations authorized by subsection (3)
67    shall be made:
68          (a) Within the Agency for Health Care Administration:
69          1. The Florida Organ and Tissue Donor Education and
70    Procurement Trust Fund.
71          2. The Health Care Trust Fund.
72          3. The Resident Protection Trust Fund.
73          (b) Within the Agency for Workforce Innovation, the
74    Employment Security Administration Trust Fund.
75          (c) Within the Department of Agriculture and Consumer
76    Services:
77          1. The Conservation and Recreation Lands Program Trust
78    Fund.
79          2. The Florida Quarter Horse Racing Promotion Trust Fund.
80          3. The General Inspection Trust Fund and subsidiary
81    accounts thereof, unless a different percentage is authorized by
82    s. 570.20.
83          (d) Within the Department of Business and Professional
84    Regulation:
85          1. The Administrative Trust Fund.
86          2. The Alcoholic Beverage and Tobacco Trust Fund.
87          3. The Cigarette Tax Collection Trust Fund.
88          4. The Division of Florida Land Sales, Condominiums, and
89    Mobile Homes Trust Fund.
90          5. The Hotel and Restaurant Trust Fund, with the exception
91    of those fees collected for the purpose of funding of the
92    hospitality education program as stated in s. 509.302.
93          6. The Professional Regulation Trust Fund.
94          7. The trust funds administered by the Division of Pari-
95    mutuel Wagering.
96          (e) Within the Department of Children and Family Services:
97          1. The Administrative Trust Fund.
98          2. The Child Welfare Training Trust Fund.
99          3. The Children and Adolescents Substance Abuse Trust
100    Fund.
101          4. The Domestic Violence Trust Fund.
102          5. The Grants and Donations Trust Fund.
103          6. The Operations and Maintenance Trust Fund.
104          (f) Within the Department of Citrus, the Florida Citrus
105    Advertising Trust Fund, including transfers from any subsidiary
106    accounts thereof, unless a different percentage is authorized in
107    s. 601.15(7).
108          (g) Within the Department of Community Affairs, the
109    Operating Trust Fund.
110          (h) Within the Department of Education:
111          1. The Educational Certification and Service Trust Fund.
112          2. The Phosphate Research Trust Fund.
113          (i) Within the Department of Elderly Affairs:
114          1. The Administrative Trust Fund.
115          2. The Federal Grants Trust Fund.
116          3. The Grants and Donations Trust Fund.
117          4. The Operations and Maintenance Trust Fund.
118          (j) Within the Department of Environmental Protection:
119          1. The Administrative Trust Fund.
120          2. The Air Pollution Control Trust Fund.
121          3. The Conservation and Recreation Lands Trust Fund.
122          4. The Ecosystem Management and Restoration Trust Fund.
123          5. The Environmental Laboratory Trust Fund.
124          6. The Florida Coastal Protection Trust Fund.
125          7. The Florida Permit Fee Trust Fund.
126          8. The Forfeited Property Trust Fund.
127          9. The Grants and Donations Trust Fund.
128          10. The Inland Protection Trust Fund.
129          11. The Internal Improvement Trust Fund.
130          12. The Land Acquisition Trust Fund.
131          13. The Minerals Trust Fund.
132          14. The Nonmandatory Land Reclamation Trust Fund.
133          15. The State Park Trust Fund.
134          16. The Water Quality Assurance Trust Fund.
135          17. The Working Capital Trust Fund.
136          (k) Within the Department of Financial Services:
137          1. The Agents and Solicitors County Tax Trust Fund.
138          2. The Insurance Regulatory Trust Fund.
139          3. The Special Disability Trust Fund.
140          4. The Special Employment Security Administration Trust
141    Fund.
142          5. The Workers' Compensation Administration Trust Fund.
143          (l) Within the Department of Health:
144          1. The Administrative Trust Fund.
145          2. The Brain and Spinal Cord Injury Program Trust Fund.
146          3. The Donations Trust Fund.
147          4. The Emergency Medical Services Trust Fund.
148          5. The Epilepsy Services Trust Fund.
149          6. The Florida Drug, Device, and Cosmetic Trust Fund.
150          7. The Grants and Donations Trust Fund.
151          8. The Medical Quality Assurance Trust Fund.
152          9. The Nursing Student Loan Forgiveness Trust Fund.
153          10. The Planning and Evaluation Trust Fund.
154          11. The Radiation Protection Trust Fund.
155          (m) Within the Department of Highway Safety and Motor
156    Vehicles, the DUI Programs Coordination Trust Fund.
157          (n) Within the Department of Legal Affairs, the Crimes
158    Compensation Trust Fund.
159          (o) Within the Department of Management Services:
160          1. The Administrative Trust Fund.
161          2. The Architects Incidental Trust Fund.
162          3. The Bureau of Aircraft Trust Fund.
163          4. The Florida Facilities Pool Working Capital Trust Fund.
164          5. The Grants and Donations Trust Fund.
165          6. The Motor Vehicle Operating Trust Fund.
166          7. The Police and Firefighters' Premium Tax Trust Fund.
167          8. The Public Employees Relations Commission Trust Fund.
168          9. The State Personnel System Trust Fund.
169          10. The Supervision Trust Fund.
170          11. The Working Capital Trust Fund.
171          (p) Within the Department of Revenue:
172          1. The Additional Court Cost Clearing Trust Fund.
173          2. The Administrative Trust Fund.
174          3. The Apalachicola Bay Oyster Surcharge Clearing Trust
175    Fund.
176          4. The Certification Program Trust Fund.
177          5. The Fuel Tax Collection Trust Fund.
178          6. The Land Reclamation Trust Fund.
179          7. The Local Alternative Fuel User Fee Clearing Trust
180    Fund.
181          8. The Local Option Fuel Tax Trust Fund.
182          9. The Motor Vehicle Rental Surcharge Clearing Trust Fund.
183          10. The Motor Vehicle Warranty Trust Fund.
184          11. The Oil and Gas Tax Trust Fund.
185          12. The Secondhand Dealer and Secondary Metals Recycler
186    Clearing Trust Fund.
187          13. The Severance Tax Solid Mineral Trust Fund.
188          14. The State Alternative Fuel User Fee Clearing Trust
189    Fund.
190          15. All taxes levied on motor fuels other than gasoline
191    levied pursuant to the provisions of s. 206.87(1)(a).
192          (q) Within the Department of State:
193          1. The Division of Licensing Trust Fund.
194          2. The Records Management Trust Fund.
195          3. The trust funds administered by the Division of
196    Historical Resources.
197          (r) Within the Department of Transportation, all income
198    derived from outdoor advertising and overweight violations which
199    is deposited in the State Transportation Trust Fund.
200          (s) Within the Department of Veterans' Affairs:
201          1. The Grants and Donations Trust Fund.
202          2. The Operations and Maintenance Trust Fund.
203          3. The State Homes for Veterans Trust Fund.
204          (t) Within the Division of Administrative Hearings, the
205    Administrative Trust Fund.
206          (u) Within the Fish and Wildlife Conservation Commission:
207          1. The Conservation and Recreation Lands Program Trust
208    Fund.
209          2. The Florida Panther Research and Management Trust Fund.
210          3. The Land Acquisition Trust Fund.
211          4. The Marine Resources Conservation Trust Fund, with the
212    exception of those fees collected for recreational saltwater
213    fishing licenses as provided in s. 372.57.
214          (v) Within the Florida Public Service Commission, the
215    Florida Public Service Regulatory Trust Fund.
216          (w) Within the Justice Administrative Commission, the
217    Indigent Criminal Defense Trust Fund.
218          (x) Within the Office of Financial Regulation of the
219    Financial Services Commission:
220          1. The Administrative Trust Fund.
221          2. The Anti-Fraud Trust Fund.
222          3. The Financial Institutions' Regulatory Trust Fund.
223          4. The Mortgage Brokerage Guaranty Fund.
224          5. The Regulatory Trust Fund.
225         
226          The enumeration of the foregoing moneys or trust funds shall not
227    prohibit the applicability thereto of s. 215.24 should the
228    Governor determine that for the reasons mentioned in s. 215.24
229    the money or trust funds should be exempt herefrom, as it is the
230    purpose of this law to exempt income from its force and effect
231    when, by the operation of this law, federal matching funds or
232    contributions or private grants to any trust fund would be lost
233    to the state.
234          (5) There is appropriated from the proper respective trust
235    funds from time to time such sums as may be necessary to pay to
236    the General Revenue Fund the service charges imposed by this
237    section.
238          Section 2. Subsection (1) of section 215.22, Florida
239    Statutes, as amended by section 63 of chapter 2002-402, Laws of
240    Florida, is amended to read:
241          215.22 Certain income and certain trust funds exempt.--
242          (1) The following income of a revenue nature or the
243    following trust funds shall be exempt from the appropriation
244    deductionrequired by s. 215.20(1):
245          (a) Student financial aid or prepaid tuition receipts.
246          (b) Trust funds administered by the Department of the
247    Lottery.
248          (c) Departmental administrative assessments for
249    administrative divisions.
250          (d) Funds charged by a state agency for services provided
251    to another state agency, by a state agency for services provided
252    to the judicial branch, or by the judicial branch for services
253    provided to a state agency.
254          (e) State, agency, or political subdivision investments by
255    the Chief Financial OfficerTreasurer.
256          (f) Retirement or employee benefit funds.
257          (g) Self-insurance programs administered by the Chief
258    Financial OfficerTreasurer.
259          (h) Funds held for the payment of citrus canker
260    eradication and compensation.
261          (i) Medicaid, Medicare, or third-party receipts for client
262    custodial care.
263          (j) Bond proceeds or revenues dedicated for bond
264    repayment, except for the Documentary Stamp Clearing Trust Fund
265    administered by the Department of Revenue.
266          (k) Trust funds administered by the Department of
267    Education.
268          (l) Trust funds administered by the Department of
269    Transportation.
270          (m) The followingtrust funds administered by the
271    Department of Agriculture and Consumer Services:.
272          1. The Citrus Inspection Trust Fund.
273          2. The Florida Forever Program Trust Fund.
274          3. The Florida Preservation 2000 Trust Fund.
275          4. The Market Improvements Working Capital Trust Fund.
276          5. The Pest Control Trust Fund.
277          6. The Plant Industry Trust Fund.
278          (n) The Motor Vehicle License Clearing Trust Fund.
279          (o) The Solid Waste Management Trust Fund.
280          (p) The Coconut Grove Playhouse Trust Fund.
281          (q) The Communications Working Capital Trust Fund of the
282    Department of Management Services.
283          (r) The Camp Blanding Management Trust Fund.
284          (s) The Indigent Criminal Defense Trust Fund.
285          (s)(t)That portion of the Highway Safety Operating Trust
286    Fund funded by the motorcycle safety education fee collected
287    pursuant to s. 320.08(1)(c).
288          (u) The Save the Manatee Trust Fund.
289          (t)(v)Tobacco Settlement Trust Funds administered by any
290    agency.
291          (u)(w)The Save Our Everglades Trust Fund.
292          (v)(x)The Florida Center for Nursing Trust Fund.
293          Section 3. Section 18.10, Florida Statutes, is renumbered
294    as section 17.57, Florida Statutes, and subsection (4) of said
295    section, as amended by section 65 of chapter 2002-402, Laws of
296    Florida, is amended to read:
297          17.5718.10Deposits and investments of state money.--
298          (4) All earnings on any investments made pursuant to this
299    section are hereby appropriatedshall be creditedto the General
300    Revenue Fund, except that earnings attributable to moneys made
301    available pursuant to s. 17.61(3)(a) and (b)s. 18.125(3)shall
302    be credited pro rata to the funds from which such moneys were
303    made available.
304          Section 4. Section 18.125, Florida Statutes, is renumbered
305    as section 17.61, Florida Statutes, and subsection (3) of said
306    section, as amended by section 67 of chapter 2002-402, Laws of
307    Florida, is amended to read:
308          17.6118.125Chief Financial OfficerTreasurer; powers and
309    duties in the investment of certain funds.--
310          (3)(a) Except as otherwise provided in this subsection,it
311    is the duty of each state agency, and of the judicial branch,
312    now or hereafter charged with the administration of the funds
313    referred to in subsection (1) to make such moneys available for
314    investment as fully as is consistent with the cash requirements
315    of the particular fund and to authorize investment of such
316    moneys by the Chief Financial OfficerTreasurer.
317          (b) Monthly, and more often as circumstances require, such
318    agency or judicial branch shall notify the Chief Financial
319    OfficerTreasurerof the amount available for investment; and
320    the moneys shall be invested by the Chief Financial Officer
321    Treasurer. Such notification shall include the name and number
322    of the fund for which the investments are to be made and the
323    life of the investment if the principal sum is to be required
324    for meeting obligations. This subsection, however, shall not be
325    construed to make available for investment any funds other than
326    those referred to in subsection (1).
327          (c) Except as provided in this paragraph and except for
328    moneys described in paragraph (d), the following agencies shall
329    not invest trust fund moneys as provided in this section, but
330    shall retain such moneys in their respective trust funds for
331    investment, with interest appropriated to the General Revenue
332    Fund, pursuant to s. 17.57:
333          1. The Agency for Health Care Administration, except for
334    the Tobacco Settlement Trust Fund.
335          2. The Department of Children and Family Services, except
336    for:
337          a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
338          b. The Community Resources Development Trust Fund.
339          c. The Refugee Assistance Trust Fund.
340          d. The Social Services Block Grant Trust Fund.
341          e. The Tobacco Settlement Trust Fund.
342          f. The Working Capital Trust Fund.
343          3. The Department of Community Affairs, only for the
344    Operating Trust Fund.
345          4. The Department of Corrections.
346          5. The Department of Elderly Affairs, except for:
347          a. The Federal Grants Trust Fund.
348          b. The Tobacco Settlement Trust Fund.
349          6. The Department of Health, except for:
350          a. The Federal Grants Trust Fund.
351          b. The Grants and Donations Trust Fund.
352          c. The Maternal and Child Health Block Grant Trust Fund.
353          d. The Tobacco Settlement Trust Fund.
354          7. The Department of Highway Safety and Motor Vehicles,
355    only for:
356          a. The DUI Programs Coordination Trust Fund.
357          b. The Security Deposits Trust Fund.
358          8. The Department of Juvenile Justice.
359          9. The Department of Law Enforcement.
360          10. The Department of Legal Affairs.
361          11. The Department of State, only for:
362          a. The Grants and Donations Trust Fund.
363          b. The Records Management Trust Fund.
364          12. The Executive Office of the Governor, only for:
365          a. The Economic Development Transportation Trust Fund.
366          b. The Economic Development Trust Fund.
367          13. The Florida Public Service Commission, only for the
368    Florida Public Service Regulatory Trust Fund.
369          14. The Justice Administrative Commission.
370          15. The state courts system.
371          (d) Moneys in any trust funds of the agencies in paragraph
372    (c) may be invested pursuant to the provisions of this section
373    if:
374          1. Investment of such moneys and the retention of interest
375    is required by federal programs or mandates;
376          2. Investment of such moneys and the retention of interest
377    is required by bond covenants, indentures, or resolutions;
378          3. Such moneys are held by the state in a trustee capacity
379    as an agent or fiduciary for individuals, private organizations,
380    or other governmental units; or
381          4. The Executive Office of the Governor determines, after
382    consultation with the Legislature pursuant to the procedures of
383    s. 216.177, that federal matching funds or contributions or
384    private grants to any trust fund would be lost to the state.
385          Section 5. Paragraph (f) of subsection (2) of section
386    14.2015, Florida Statutes, as amended by section 69 of chapter
387    2002-402, Laws of Florida, is amended to read:
388          14.2015 Office of Tourism, Trade, and Economic
389    Development; creation; powers and duties.--
390          (2) The purpose of the Office of Tourism, Trade, and
391    Economic Development is to assist the Governor in working with
392    the Legislature, state agencies, business leaders, and economic
393    development professionals to formulate and implement coherent
394    and consistent policies and strategies designed to provide
395    economic opportunities for all Floridians. To accomplish such
396    purposes, the Office of Tourism, Trade, and Economic Development
397    shall:
398          (f)1. Administer the Florida Enterprise Zone Act under ss.
399    290.001-290.016, the community contribution tax credit program
400    under ss. 220.183 and 624.5105, the tax refund program for
401    qualified target industry businesses under s. 288.106, the tax-
402    refund program for qualified defense contractors under s.
403    288.1045, contracts for transportation projects under s.
404    288.063, the sports franchise facility program under s.
405    288.1162, the professional golf hall of fame facility program
406    under s. 288.1168, the expedited permitting process under s.
407    403.973, the Rural Community Development Revolving Loan Fund
408    under s. 288.065, the Regional Rural Development Grants Program
409    under s. 288.018, the Certified Capital Company Act under s.
410    288.99, the Florida State Rural Development Council, the Rural
411    Economic Development Initiative, and other programs that are
412    specifically assigned to the office by law, by the
413    appropriations process, or by the Governor. Notwithstanding any
414    other provisions of law, the office may expend interest earned
415    from the investment of program funds deposited in the Economic
416    Development Trust Fund, the Grants and Donations Trust Fund and,
417    the Brownfield Property Ownership Clearance Assistance Revolving
418    Loan Trust Fund, and the Economic Development Transportation
419    Trust Fundto contract for the administration of the programs,
420    or portions of the programs, enumerated in this paragraph or
421    assigned to the office by law, by the appropriations process, or
422    by the Governor. Such expenditures shall be subject to review
423    under chapter 216.
424          2. The office may enter into contracts in connection with
425    the fulfillment of its duties concerning the Florida First
426    Business Bond Pool under chapter 159, tax incentives under
427    chapters 212 and 220, tax incentives under the Certified Capital
428    Company Act in chapter 288, foreign offices under chapter 288,
429    the Enterprise Zone program under chapter 290, the Seaport
430    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