1 | A bill to be entitled |
2 | An act relating to trust funds; terminating specified |
3 | trust funds within the Justice Administrative Commission, |
4 | the Department of Corrections, the Department of Legal |
5 | Affairs, and the State Courts System; providing for |
6 | disposition of balances in and revenues of the trust |
7 | funds; prescribing procedures for the termination of trust |
8 | funds; amending ss. 27.702, 28.101, 741.01, and 948.09, |
9 | F.S., to conform; repealing s. 25.388, F.S., relating to |
10 | the Family Courts Trust Fund, to conform; providing an |
11 | effective date. |
12 |
|
13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
|
15 | Section 1. (1) The following trust funds within the |
16 | Justice Administrative Commission are terminated: |
17 | (a) The Capital Collateral Trust Fund, FLAIR number 21-2- |
18 | 072. |
19 | (b) The Consumer Frauds Trust Fund, FLAIR number 21-2-127. |
20 | The current balance remaining in, and all revenues of, this |
21 | trust fund shall be transferred to the Justice Administrative |
22 | Commission Grants and Donations Trust Fund, FLAIR number 21-2- |
23 | 339. |
24 | (2) The Operating Trust Fund within the Department of |
25 | Corrections, FLAIR number 70-2-510, is terminated. |
26 | (3) The Florida Motor Vehicle Theft Prevention Trust Fund |
27 | within the Department of Legal Affairs, FLAIR number 41-2-051, |
28 | is terminated. |
29 | (4) The Family Courts Trust Fund within the State Courts |
30 | System, FLAIR number 22-2-973, is terminated. |
31 | (5) Except as otherwise provided herein, all current |
32 | balances remaining in, and all revenues of, the trust funds |
33 | terminated by this act shall be transferred to the General |
34 | Revenue Fund. |
35 | (6) For each trust fund terminated by this act, the agency |
36 | that administers the trust fund shall pay any outstanding debts |
37 | and obligations of the terminated fund as soon as practicable, |
38 | and the Chief Financial Officer shall close out and remove the |
39 | terminated fund from the various state accounting systems using |
40 | generally accepted accounting principles concerning warrants |
41 | outstanding, assets, and liabilities. |
42 | Section 2. Paragraph (a) of subsection (3) of section |
43 | 27.702, Florida Statutes, is amended to read: |
44 | 27.702 Duties of the capital collateral regional counsel; |
45 | reports.-- |
46 | (3)(a) The capital collateral regional counsel shall file |
47 | motions seeking compensation for representation and |
48 | reimbursement for expenses pursuant to 18 U.S.C. s. 3006A when |
49 | providing representation to indigent persons in the federal |
50 | courts, and shall deposit all such payments received into the |
51 | General Revenue Capital Collateral Trust Fund established for |
52 | such purpose. |
53 | Section 3. Paragraph (d) of subsection (1) of section |
54 | 28.101, Florida Statutes, is amended to read: |
55 | 28.101 Petitions and records of dissolution of marriage; |
56 | additional charges.-- |
57 | (1) When a party petitions for a dissolution of marriage, |
58 | in addition to the filing charges in s. 28.241, the clerk shall |
59 | collect and receive: |
60 | (d) A charge of $32.50. On a monthly basis, the clerk |
61 | shall transfer the moneys collected pursuant to this paragraph |
62 | as follows: |
63 | 1. An amount of $7.50 to the Department of Revenue for |
64 | deposit in the Displaced Homemaker Trust Fund. |
65 | 2. An amount of $25 to the Department of Revenue for |
66 | deposit in the General Revenue Family Courts Trust Fund. |
67 | Section 4. Subsections (4) and (5) of section 741.01, |
68 | Florida Statutes, are amended to read: |
69 | 741.01 County court judge or clerk of the circuit court to |
70 | issue marriage license; fee.-- |
71 | (4) An additional fee of $25 shall be paid to the clerk |
72 | upon receipt of the application for issuance of a marriage |
73 | license. The moneys collected shall be remitted by the clerk to |
74 | the Department of Revenue, monthly, for deposit in the General |
75 | Revenue Family Courts Trust Fund. |
76 | (5) The fee charged for each marriage license issued in |
77 | the state shall be reduced by a sum of $32.50 for all couples |
78 | who present valid certificates of completion of a premarital |
79 | preparation course from a qualified course provider registered |
80 | under s. 741.0305(5) for a course taken no more than 1 year |
81 | prior to the date of application for a marriage license. For |
82 | each license issued that is subject to the fee reduction of this |
83 | subsection, the clerk is not required to transfer the sum of |
84 | $7.50 to the Department of Revenue for deposit in the Displaced |
85 | Homemaker Trust Fund pursuant to subsection (3) or to transfer |
86 | the sum of $25 to the Department of Revenue for deposit in the |
87 | General Revenue Family Courts Trust Fund. |
88 | Section 5. Subsection (2) of section 948.09, Florida |
89 | Statutes, is amended to read: |
90 | 948.09 Payment for cost of supervision and |
91 | rehabilitation.-- |
92 | (2) Any person being electronically monitored by the |
93 | department as a result of placement on community control shall |
94 | be required to pay as a surcharge an amount that may not exceed |
95 | the full cost of the monitoring service in addition to the cost |
96 | of supervision fee as directed by the sentencing court. The |
97 | surcharge shall be deposited in the General Revenue Operating |
98 | Trust Fund to be used by the department for purchasing and |
99 | maintaining electronic monitoring devices. |
100 | Section 6. Section 25.388, Florida Statutes, is repealed. |
101 | Section 7. This act shall take effect July 1, 2004. |