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