Senate Bill sb2512c1
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Florida Senate - 2004 CS for SB 2512
By the Committee on Appropriations; and Senator Lee
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1 A bill to be entitled
2 An act relating to the service charge on
3 general revenue; amending s. 215.20, F.S.;
4 applying a uniform service charge to income
5 deposited into all trust funds of the state;
6 exempting trust fund income from the service
7 charge if the moneys are subject to certain
8 investment or bond requirements or held by the
9 state in its capacity as agent or fiduciary, if
10 the Executive Office of the Governor, in
11 consultation with the Legislature, determines
12 that the state would lose revenue, if the
13 moneys are received by the Department of the
14 Lottery Administrative Trust Fund, or if the
15 moneys are shared with political subdivisions
16 or are received from taxes or fees levied by
17 political subdivisions and were not subject to
18 the service charge on a specified date or by
19 other statutes; deleting provisions authorizing
20 a reduced service charge for certain trust
21 funds; deleting provisions specifying certain
22 trust funds to which the service charge
23 applies; repealing ss. 215.211, 215.22, and
24 215.24, F.S., relating to deductions from the
25 service charge and specified exemptions;
26 amending ss. 11.045, 20.2553, 112.3215,
27 250.175, 339.082, 365.173, 372.107, 464.0198,
28 498.019, 561.027, 570.205, 576.045, 932.705,
29 943.365, and 1013.63, F.S., and repealing s.
30 372.106(3), 373.472(2), and 946.522(3), F.S.,
31 relating to various trust funds of the state;
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1 conforming provisions to changes made by the
2 act; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 215.20, Florida Statutes, is
7 amended to read:
8 215.20 Certain income and certain trust funds to
9 contribute to the General Revenue Fund.--
10 (1) A service charge of 7.3 7 percent, representing
11 the estimated pro rata share of the cost of general government
12 paid from the General Revenue Fund, is hereby appropriated
13 from all income of a revenue nature deposited in all trust
14 funds except those enumerated in s. 215.22. Income of a
15 revenue nature shall include all earnings received or credited
16 by such trust funds, including the interest or benefit
17 received from the investment of the principal of such trust
18 funds as may be permitted by law. This provision shall be
19 construed in favor of the General Revenue Fund in each
20 instance. All such appropriations shall be deposited in the
21 General Revenue Fund.
22 (2) Income of a revenue nature in any trust fund is
23 not subject to the service charge if:
24 (a) A service charge against such revenue is
25 prohibited or penalized by federal programs or mandates;
26 (b) A service charge against such revenue is
27 prohibited by or is inconsistent with bond covenants,
28 indentures, or resolutions;
29 (c) It is held by the state in a trustee capacity as
30 an agent or fiduciary for individuals, private organizations,
31 or other governmental units;
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1 (d) The Executive Office of the Governor determines,
2 after consultation with the Legislature pursuant to the
3 procedures of s. 216.177, that federal matching funds or
4 contributions or private grants to any trust fund would be
5 lost to the state;
6 (e) It is received in the Administrative Trust Fund in
7 the Department of the Lottery; or
8 (f) It is shared with political subdivisions or
9 received from taxes or fees authorized to be levied by any
10 political subdivision; was not subject to the service charge
11 pursuant to s. 215.20 on January 1, 1990; and is not subject
12 to the service charge pursuant to other statutes.
13 (2) Notwithstanding the provisions of subsection (1):
14 (a) The trust funds of the Department of Citrus and
15 the Department of Agriculture and Consumer Services, including
16 funds collected in the General Inspection Trust Fund for
17 marketing orders and in the Florida Citrus Advertising Trust
18 Fund, shall be subject to a 3-percent service charge, which is
19 hereby appropriated to the General Revenue Fund. This
20 paragraph does not apply to the Conservation and Recreation
21 Lands Program Trust Fund, the Florida Quarter Horse Racing
22 Promotion Trust Fund, the Citrus Inspection Trust Fund, the
23 Florida Forever Program Trust Fund, the Florida Preservation
24 2000 Trust Fund, the Market Improvements Working Capital Trust
25 Fund, the Pest Control Trust Fund, the Plant Industry Trust
26 Fund, or other funds collected in the General Inspection Trust
27 Fund in the Department of Agriculture and Consumer Services.
28 (b) The Save the Manatee Trust Fund in the Fish and
29 Wildlife Conservation Commission shall be subject to a
30 3-percent service charge, which is hereby appropriated to the
31 General Revenue Fund.
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1 (3) A service charge of 0.3 percent is hereby
2 appropriated from income of a revenue nature deposited in the
3 trust funds enumerated in subsection (4). Income of a revenue
4 nature shall include all earnings received or credited by such
5 trust funds, including the interest or benefit received from
6 the investment of the principal of such trust funds as may be
7 permitted by law. This provision shall be construed in favor
8 of the General Revenue Fund in each instance. All such
9 appropriations shall be deposited in the General Revenue Fund.
10 (4) The income of a revenue nature deposited in the
11 following described trust funds, by whatever name designated,
12 is that from which the appropriations authorized by subsection
13 (3) shall be made:
14 (a) Within the Agency for Health Care Administration:
15 1. The Florida Organ and Tissue Donor Education and
16 Procurement Trust Fund.
17 2. The Health Care Trust Fund.
18 3. The Resident Protection Trust Fund.
19 (b) Within the Agency for Workforce Innovation:
20 1. The Employment Security Administration Trust Fund.
21 2. The Special Employment Security Administration
22 Trust Fund.
23 (c) Within the Department of Agriculture and Consumer
24 Services:
25 1. The Conservation and Recreation Lands Program Trust
26 Fund.
27 2. The Florida Quarter Horse Racing Promotion Trust
28 Fund.
29 3. The General Inspection Trust Fund and subsidiary
30 accounts thereof, unless a different percentage is authorized
31 by s. 570.20.
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1 4. The Division of Licensing Trust Fund.
2 (d) Within the Department of Business and Professional
3 Regulation:
4 1. The Administrative Trust Fund.
5 2. The Alcoholic Beverage and Tobacco Trust Fund.
6 3. The Cigarette Tax Collection Trust Fund.
7 4. The Division of Florida Land Sales, Condominiums,
8 and Mobile Homes Trust Fund.
9 5. The Hotel and Restaurant Trust Fund, with the
10 exception of those fees collected for the purpose of funding
11 of the hospitality education program as stated in s. 509.302.
12 6. The Professional Regulation Trust Fund.
13 7. The trust funds administered by the Division of
14 Pari-mutuel Wagering.
15 (e) Within the Department of Children and Family
16 Services:
17 1. The Administrative Trust Fund.
18 2. The Child Welfare Training Trust Fund.
19 3. The Children and Adolescents Substance Abuse Trust
20 Fund.
21 4. The Domestic Violence Trust Fund.
22 5. The Grants and Donations Trust Fund.
23 6. The Operations and Maintenance Trust Fund.
24 (f) Within the Department of Citrus, the Florida
25 Citrus Advertising Trust Fund, including transfers from any
26 subsidiary accounts thereof, unless a different percentage is
27 authorized in s. 601.15(7).
28 (g) Within the Department of Community Affairs, the
29 Operating Trust Fund.
30 (h) Within the Department of Education:
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1 1. The Educational Certification and Service Trust
2 Fund.
3 2. The Phosphate Research Trust Fund.
4 (i) Within the Department of Elderly Affairs:
5 1. The Administrative Trust Fund.
6 2. The Federal Grants Trust Fund.
7 3. The Grants and Donations Trust Fund.
8 4. The Operations and Maintenance Trust Fund.
9 (j) Within the Department of Environmental Protection:
10 1. The Administrative Trust Fund.
11 2. The Air Pollution Control Trust Fund.
12 3. The Conservation and Recreation Lands Trust Fund.
13 4. The Ecosystem Management and Restoration Trust
14 Fund.
15 5. The Environmental Laboratory Trust Fund.
16 6. The Florida Coastal Protection Trust Fund.
17 7. The Florida Permit Fee Trust Fund.
18 8. The Forfeited Property Trust Fund.
19 9. The Grants and Donations Trust Fund.
20 10. The Inland Protection Trust Fund.
21 11. The Internal Improvement Trust Fund.
22 12. The Land Acquisition Trust Fund.
23 13. The Minerals Trust Fund.
24 14. The Nonmandatory Land Reclamation Trust Fund.
25 15. The State Park Trust Fund.
26 16. The Water Quality Assurance Trust Fund.
27 17. The Working Capital Trust Fund.
28 (k) Within the Department of Financial Services:
29 1. The Agents and Solicitors County Tax Trust Fund.
30 2. The Insurance Regulatory Trust Fund.
31 3. The Special Disability Trust Fund.
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1 4. The Workers' Compensation Administration Trust
2 Fund.
3 (l) Within the Department of Health:
4 1. The Administrative Trust Fund.
5 2. The Brain and Spinal Cord Injury Program Trust
6 Fund.
7 3. The Donations Trust Fund.
8 4. The Emergency Medical Services Trust Fund.
9 5. The Epilepsy Services Trust Fund.
10 6. The Florida Drug, Device, and Cosmetic Trust Fund.
11 7. The Grants and Donations Trust Fund.
12 8. The Medical Quality Assurance Trust Fund.
13 9. The Nursing Student Loan Forgiveness Trust Fund.
14 10. The Planning and Evaluation Trust Fund.
15 11. The Radiation Protection Trust Fund.
16 (m) Within the Department of Highway Safety and Motor
17 Vehicles, the DUI Programs Coordination Trust Fund.
18 (n) Within the Department of Legal Affairs, the Crimes
19 Compensation Trust Fund.
20 (o) Within the Department of Management Services:
21 1. The Administrative Trust Fund.
22 2. The Architects Incidental Trust Fund.
23 3. The Bureau of Aircraft Trust Fund.
24 4. The Florida Facilities Pool Working Capital Trust
25 Fund.
26 5. The Grants and Donations Trust Fund.
27 6. The Motor Vehicle Operating Trust Fund.
28 7. The Police and Firefighters' Premium Tax Trust
29 Fund.
30 8. The Public Employees Relations Commission Trust
31 Fund.
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1 9. The State Personnel System Trust Fund.
2 10. The Supervision Trust Fund.
3 11. The Working Capital Trust Fund.
4 (p) Within the Department of Revenue:
5 1. The Additional Court Cost Clearing Trust Fund.
6 2. The Administrative Trust Fund.
7 3. The Apalachicola Bay Oyster Surcharge Clearing
8 Trust Fund.
9 4. The Certification Program Trust Fund.
10 5. The Fuel Tax Collection Trust Fund.
11 6. The Land Reclamation Trust Fund.
12 7. The Local Alternative Fuel User Fee Clearing Trust
13 Fund.
14 8. The Local Option Fuel Tax Trust Fund.
15 9. The Motor Vehicle Rental Surcharge Clearing Trust
16 Fund.
17 10. The Motor Vehicle Warranty Trust Fund.
18 11. The Oil and Gas Tax Trust Fund.
19 12. The Secondhand Dealer and Secondary Metals
20 Recycler Clearing Trust Fund.
21 13. The Severance Tax Solid Mineral Trust Fund.
22 14. The State Alternative Fuel User Fee Clearing Trust
23 Fund.
24 15. All taxes levied on motor fuels other than
25 gasoline levied pursuant to the provisions of s. 206.87(1)(a).
26 (q) Within the Department of State:
27 1. The Records Management Trust Fund.
28 2. The trust funds administered by the Division of
29 Historical Resources.
30 (r) Within the Department of Transportation, all
31 income derived from outdoor advertising and overweight
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1 violations which is deposited in the State Transportation
2 Trust Fund.
3 (s) Within the Department of Veterans' Affairs:
4 1. The Grants and Donations Trust Fund.
5 2. The Operations and Maintenance Trust Fund.
6 3. The State Homes for Veterans Trust Fund.
7 (t) Within the Division of Administrative Hearings,
8 the Administrative Trust Fund.
9 (u) Within the Fish and Wildlife Conservation
10 Commission:
11 1. The Conservation and Recreation Lands Program Trust
12 Fund.
13 2. The Florida Panther Research and Management Trust
14 Fund.
15 3. The Land Acquisition Trust Fund.
16 4. The Marine Resources Conservation Trust Fund, with
17 the exception of those fees collected for recreational
18 saltwater fishing licenses as provided in s. 372.57.
19 (v) Within the Florida Public Service Commission, the
20 Florida Public Service Regulatory Trust Fund.
21 (w) Within the Justice Administrative Commission, the
22 Indigent Criminal Defense Trust Fund.
23 (x) Within the Office of Financial Regulation of the
24 Financial Services Commission:
25 1. The Administrative Trust Fund.
26 2. The Anti-Fraud Trust Fund.
27 3. The Financial Institutions' Regulatory Trust Fund.
28 4. The Mortgage Brokerage Guaranty Fund.
29 5. The Regulatory Trust Fund.
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1 The enumeration of the foregoing moneys or trust funds shall
2 not prohibit the applicability thereto of s. 215.24 should the
3 Governor determine that for the reasons mentioned in s. 215.24
4 the money or trust funds should be exempt herefrom, as it is
5 the purpose of this law to exempt income from its force and
6 effect when, by the operation of this law, federal matching
7 funds or contributions or private grants to any trust fund
8 would be lost to the state.
9 (3)(5) There is appropriated from the proper
10 respective trust funds from time to time such sums as may be
11 necessary to pay to the General Revenue Fund the service
12 charges imposed by this section.
13 Section 2. Sections 215.211, 215.22, and 215.24,
14 Florida Statutes, are repealed.
15 Section 3. Subsection (8) of section 11.045, Florida
16 Statutes, is amended to read:
17 11.045 Lobbyists; registration and reporting;
18 exemptions; penalties.--
19 (8) There is hereby created the Legislative Lobbyist
20 Registration Trust Fund, to be used for the purpose of funding
21 any office established for the administration of the
22 registration of lobbyist lobbying the Legislature, including
23 the payment of salaries and other expenses, and for the
24 purpose of paying the expenses incurred by the Legislature in
25 providing services to lobbyists. The trust fund is not subject
26 to the service charge to general revenue provisions of chapter
27 215. Fees collected pursuant to rules established in
28 accordance with subsection (2) shall be deposited into the
29 Legislative Lobbyist Registration Trust Fund.
30 Section 4. Subsection (1) of section 20.2553, Florida
31 Statutes, is amended to read:
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1 20.2553 Federal Law Enforcement Trust Fund.--
2 (1) The Federal Law Enforcement Trust Fund is created
3 within the Department of Environmental Protection. The
4 department may deposit into the trust fund receipts and
5 revenues received as a result of federal criminal,
6 administrative, or civil forfeiture proceedings and receipts
7 and revenues received from federal asset-sharing programs. The
8 trust fund is exempt from the service charges imposed by s.
9 215.20.
10 Section 5. Subsection (2) of section 112.3215, Florida
11 Statutes, is amended to read:
12 112.3215 Lobbyists before the executive branch or the
13 Constitution Revision Commission; registration and reporting;
14 investigation by commission.--
15 (2) The Executive Branch Lobby Registration Trust Fund
16 is hereby created within the commission to be used for the
17 purpose of funding any office established to administer the
18 registration of lobbyists lobbying an agency, including the
19 payment of salaries and other expenses. The trust fund is not
20 subject to the service charge to General Revenue provisions of
21 chapter 215. All annual registration fees collected pursuant
22 to this section shall be deposited into such fund.
23 Section 6. Paragraph (b) of subsection (1) of section
24 250.175, Florida Statutes, is amended to read:
25 250.175 Trust funds; authorization; name; purpose.--
26 (1)
27 (b) Notwithstanding s. 216.301 and pursuant to s.
28 216.351, any balance in the trust fund at the end of any
29 fiscal year will remain in the trust fund and be available for
30 carrying out the purposes of the trust fund. This trust fund
31 is exempt from the service charges imposed by s. 215.20.
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1 Section 7. Subsection (1) of section 339.082, Florida
2 Statutes, is amended to read:
3 339.082 Federal Law Enforcement Trust Fund.--
4 (1) The Federal Law Enforcement Trust Fund is created
5 within the Department of Transportation. The department may
6 deposit into the trust fund receipts and revenues received as
7 a result of federal criminal, administrative, or civil
8 forfeiture proceedings and receipts and revenues received from
9 federal asset-sharing programs. The trust fund is exempt from
10 the service charges imposed by s. 215.20.
11 Section 8. Subsection (1) of section 365.173, Florida
12 Statutes, is amended to read:
13 365.173 Wireless Emergency Telephone System Fund.--
14 (1) All revenues derived from the E911 fee levied on
15 subscribers under s. 365.172 must be paid into the State
16 Treasury on or before the 15th day of each month. Such moneys
17 must be accounted for in a special fund to be designated as
18 the Wireless Emergency Telephone System Fund, a fund created
19 in the State Technology Office and must be invested by the
20 Chief Financial Officer pursuant to s. 17.61. All moneys in
21 such fund are to be expended by the State Technology Office
22 for the purposes provided in this section and s. 365.172.
23 These funds are not subject to s. 215.20.
24 Section 9. Subsection (3) of section 372.106, Florida
25 Statutes, is repealed.
26 Section 10. Subsection (1) of section 372.107, Florida
27 Statutes, is amended to read:
28 372.107 Federal Law Enforcement Trust Fund.--
29 (1) The Federal Law Enforcement Trust Fund is created
30 within the Fish and Wildlife Conservation Commission. The
31 commission may deposit into the trust fund receipts and
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1 revenues received as a result of federal criminal,
2 administrative, or civil forfeiture proceedings and receipts
3 and revenues received from federal asset-sharing programs. The
4 trust fund is exempt from the service charges imposed by s.
5 215.20.
6 Section 11. Subsection (2) of section 373.472, Florida
7 Statutes, is repealed.
8 Section 12. Subsection (1) of section 464.0198,
9 Florida Statutes, is amended to read:
10 464.0198 Florida Center for Nursing Trust Fund.--
11 (1) There is created the Florida Center for Nursing
12 Trust Fund to be administered by the Department of Health.
13 Funds provided pursuant to s. 464.0195(3) for the Florida
14 Center for Nursing shall be deposited into this trust fund.
15 Other funds from grants and donations, federal funds, or other
16 funds from other sources specified by law may be deposited
17 into this trust fund and used for purposes of the Florida
18 Center for Nursing. Moneys deposited into this trust fund
19 shall be used as provided in s. 464.0195. Moneys deposited
20 into the trust fund from contributions received pursuant to s.
21 464.0195(3) are is exempt from the service charges imposed by
22 s. 215.20.
23 Section 13. Subsection (2) of section 498.019, Florida
24 Statutes, is amended to read:
25 498.019 Division of Florida Land Sales, Condominiums,
26 and Mobile Homes Trust Fund.--
27 (2) All moneys collected by the division from fees,
28 fines, or penalties or from costs awarded to the division by a
29 court shall be paid into the Division of Florida Land Sales,
30 Condominiums, and Mobile Homes Trust Fund. The Legislature
31 shall appropriate funds from this trust fund sufficient to
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1 carry out the provisions of this chapter and the provisions of
2 law with respect to each category of business covered by this
3 trust fund. The division shall maintain separate revenue
4 accounts in the trust fund for each of the businesses
5 regulated by the division. The division shall provide for the
6 proportionate allocation among the accounts of expenses
7 incurred by the division in the performance of its duties with
8 respect to each of these businesses. As part of its normal
9 budgetary process, the division shall prepare an annual report
10 of revenue and allocated expenses related to the operation of
11 each of these businesses which may be used to determine fees
12 charged by the division. This subsection shall operate
13 pursuant to the provisions of s. 215.20.
14 Section 14. Subsection (1) of section 561.027, Florida
15 Statutes, is amended to read:
16 561.027 Federal Law Enforcement Trust Fund.--
17 (1) The Federal Law Enforcement Trust Fund is created
18 within the Department of Business and Professional Regulation.
19 The department may deposit into the trust fund receipts and
20 revenues received as a result of federal criminal,
21 administrative, or civil forfeiture proceedings and receipts
22 and revenues received from federal asset-sharing programs. The
23 trust fund is exempt from the service charges imposed by s.
24 215.20.
25 Section 15. Subsection (1) of section 570.205, Florida
26 Statutes, is amended to read:
27 570.205 Federal Law Enforcement Trust Fund.--
28 (1) The Federal Law Enforcement Trust Fund is created
29 within the Department of Agriculture and Consumer Services.
30 The department may deposit into the trust fund receipts and
31 revenues received as a result of federal criminal,
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1 administrative, or civil forfeiture proceedings and receipts
2 and revenues received from federal asset-sharing programs. The
3 trust fund is exempt from the service charges imposed by s.
4 215.20.
5 Section 16. Paragraph (c) of subsection (2) of section
6 576.045, Florida Statutes, is amended to read:
7 576.045 Nitrogen and phosphorus; findings and intent;
8 fees; purpose; best-management practices; waiver of liability;
9 compliance; rules; exclusions; expiration.--
10 (2) FEES.--
11 (c) All fees paid under this section must be deposited
12 into the General Inspection Trust Fund and are exempt from the
13 provisions of s. 215.20. These funds are to be appropriated
14 annually to the department and allocated according to a
15 memorandum of understanding between the department and the
16 Department of Environmental Protection. The allocation of
17 indirect costs to these funds by any state agency is
18 specifically prohibited.
19 Section 17. Paragraph (b) of subsection (1) of section
20 932.705, Florida Statutes, is amended to read:
21 932.705 Law enforcement trust funds; Department of
22 Highway Safety and Motor Vehicles deposits.--
23 (1)
24 (b)1. There is created the Federal Law Enforcement
25 Trust Fund into which the Department of Highway Safety and
26 Motor Vehicles may deposit receipts and revenues received as a
27 result of federal criminal, administrative, or civil
28 forfeiture proceedings and receipts and revenues received from
29 federal asset-sharing programs. The trust fund is exempt from
30 the service charges imposed by s. 215.20.
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1 2. Notwithstanding the provisions of s. 216.301 and
2 pursuant to s. 216.351, any balance in the trust fund at the
3 end of any fiscal year shall remain in the trust fund at the
4 end of that year and shall be available for carrying out the
5 purposes of the trust fund.
6 Section 18. Subsection (1) of section 943.365, Florida
7 Statutes, is amended to read:
8 943.365 Federal Law Enforcement Trust Fund.--
9 (1) The Federal Law Enforcement Trust Fund is created
10 within the Department of Law Enforcement. The department may
11 deposit into the trust fund receipts and revenues received as
12 a result of federal criminal, administrative, or civil
13 forfeiture proceedings and receipts and revenues received from
14 federal asset-sharing programs. The trust fund is exempt from
15 the service charges imposed by s. 215.20.
16 Section 19. Subsection (3) of section 946.522, Florida
17 Statutes, is repealed.
18 Section 20. Subsections (2) and (3) of section
19 1013.63, Florida Statutes, are amended to read:
20 1013.63 University Concurrency Trust Fund.--
21 (2) Notwithstanding any other provision of law, the
22 general revenue service charge deducted pursuant to s. 215.20
23 on revenues raised by any local option motor fuel tax levied
24 pursuant to s. 336.025(1)(b), as created by chapter 93-206,
25 Laws of Florida, shall be deposited in the University
26 Concurrency Trust Fund, which is administered by the State
27 Board of Education. Moneys appropriated to the in such trust
28 fund shall be for the purpose of funding university offsite
29 improvements required to meet concurrency standards adopted
30 under part II of chapter 163. In addition, in any year in
31 which campus master plans are updated pursuant to s. 1013.30,
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1 but no more frequently than once every 5 years, up to 25
2 percent of the balance in the trust fund for that year may be
3 used to defray the costs incurred in updating those campus
4 master plans.
5 (3)(a) The trust fund is exempt from the service
6 charges imposed by s. 215.20.
7 (b) Notwithstanding s. 216.301 and pursuant to s.
8 216.351, any balance in the trust fund at the end of the
9 fiscal year shall remain in the trust fund and shall be
10 available for carrying out the purposes of the trust fund.
11 Section 21. This act shall take effect July 1, 2005.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bill 2512
15
16 The committee substitute clarifies the statutory exemptions to
the General Revenue service charge by specifically exempting
17 Lottery and state revenues shared with local governments.
Repeals additional statutory exemptions to the service charge
18 for the Legislative Lobbyist Registration Trust Fund and the
Executive Branch Lobby Registration Trust Fund in the
19 Legislature, the Save Our Everglades Trust Fund in the
Department of Environmental Protection, and the Prison
20 Industries Trust Fund in the Department of Financial Services.
Reinstates the exemption for the Local Communications Services
21 Tax Clearing Trust Fund which holds only discretionary city
and county taxes.
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