Amendment

Bill No. 2644

Amendment No. 011889

CHAMBER ACTION
Senate		House
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1	Representative Brummer offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  (1)  The following trust funds within the
7	following departments are terminated:
8	(a)  Within the Department of Environmental Protection:
9	1.  The Forfeited Property Trust Fund, FLAIR number 37-2-
10	267. The current balance remaining in, and all revenues of, the
11	trust fund shall be transferred to the Internal Improvement
12	Trust Fund, FLAIR number 37-2-408.
13	2.  The Marine Resources Conservation Trust Fund, FLAIR
14	number 37-2-467, which was transferred to the Fish and Wildlife
15	Conservation Commission by chapter 2000-197, Laws of Florida.
16	3.  The Federal Law Enforcement Trust Fund, FLAIR number
17	37-2-719. The current balance remaining in, and all revenues of,
18	the trust fund shall be transferred to the Grants and Donations
19	Trust Fund, FLAIR number 37-2-339.
20	4.  The Save the Manatee Trust Fund, FLAIR number 37-2-611.
21	(b)  Within the Department of Financial Services:
22	1.  The Consolidated Payment Trust Fund, FLAIR number 43-2-
23	140.
24	2.  The Self-Insurance Assessment Trust Fund, FLAIR number
25	43-2-630, which was re-created by chapter 2000-72, Laws of
26	Florida, in the Department of Labor and Employment Security;
27	transferred by section 1 of chapter 2002-194, Laws of Florida,
28	to the Department of Insurance; and transferred by subparagraph
29	(3)(b)2. of section 3 of chapter 2002-404, Laws of Florida, to
30	the Department of Financial Services.
31	3.  The Working Capital Trust Fund, FLAIR number 43-2-792.
32	(c)  Within the Office of Financial Regulation, the
33	Mortgage Brokerage Guaranty Fund, FLAIR number 43-2-485. The
34	current balance remaining in, and all revenues of, the trust
35	fund shall be transferred to the Regulatory Trust Fund within
36	the Office of Financial Regulation, FLAIR number 43-2-573.
37	(d)  Within the Department of Management Services:
38	1.  Motor Vehicle Operating Trust Fund, FLAIR number 72-2-
39	486. The current balance remaining in, and all revenues of, the
40	trust fund shall be transferred to the Grants and Donations
41	Trust Fund, FLAIR number 72-2-339.
42	2.  The Social Security Contribution Trust Fund, FLAIR
43	number 72-2-638.
44	3.  The State Employee Child Care Revolving Trust Fund,
45	FLAIR number 72-2-670. The current balance remaining in, and all
46	revenues of, the trust fund shall be transferred to the State
47	Personnel System Trust Fund, FLAIR number 72-2-678.
48	4.  The State Employees Savings Bond Trust Fund, FLAIR
49	number 72-2-674.
50	(e)  Within the Department of Revenue:
51	1.  The Corporation Tax Administration Trust Fund, FLAIR
52	number 73-2-134.
53	2.  The Drug Enforcement Trust Fund, FLAIR number 73-2-171.
54	3.  The Intangible Tax Trust Fund, FLAIR number 73-2-399.
55	4.  Railroad and Private Car Tax Clearing Trust Fund, FLAIR
56	number 73-2-571.
57	5.  The Sales Tax Security Deposit Trust Fund, FLAIR number
58	73-2-607.
59	6.  The Working Capital Trust Fund, FLAIR number 73-2-792.
60	7.  The Municipal Financial Assistance Trust Fund, FLAIR
61	number 73-2-493.
62	(f)  Within the Department of Business and Professional
63	Regulation:
64	1.  The Child Labor Law Trust Fund, FLAIR number 79-2-106.
65	The current balance remaining in, and all revenues of, the trust
66	fund shall be transferred to the Professional Regulation Trust
67	Fund, FLAIR number 79-2-547.
68	2.  The Crew Chief Registration Trust Fund, FLAIR number
69	79-2-147. The current balance remaining in, and all revenues of,
70	the trust fund shall be transferred to the Professional
71	Regulation Trust Fund, FLAIR number 79-2-547.
72	3.  The Tobacco Settlement Trust Fund within the Department
73	of Business and Professional Regulation, FLAIR number 79-2-375,
74	which was terminated on July 1, 2003, pursuant to Section 19(f),
75	Article III of the State Constitution.
76	4.  The Workers' Compensation Administration Trust Fund,
77	FLAIR number 79-2-795. The current balance remaining in, and all
78	revenues of, the trust fund shall be transferred to the
79	Professional Regulation Trust Fund, FLAIR number 79-2-547.
80	(g)  Within the Department of Agriculture and Consumer
81	Services, the Working Capital Trust Fund, FLAIR number 42-2-792.
82	(2)  Unless otherwise provided, all current balances
83	remaining in, and all revenues of, the trust funds terminated by
84	this act shall be transferred to the General Revenue Fund.
85	(3)  For each trust fund terminated by this act, the agency
86	that administers the trust fund shall pay any outstanding debts
87	and obligations of the terminated fund as soon as practicable,
88	and the Chief Financial Officer shall close out and remove the
89	terminated fund from the various state accounting systems using
90	generally accepted accounting principles concerning warrants
91	outstanding, assets, and liabilities.
92	Section 2.  The Project Construction Trust Fund, FLAIR
93	number 37-2-549, within the Department of Environmental
94	Protection, is terminated upon the date of maturity of all bonds
95	secured thereby. The department shall notify the Chief Financial
96	Officer, the President of the Senate, the Speaker of the House
97	of Representatives, and the chairs of the legislative
98	appropriations committees within 30 days after such date. If the
99	fund is not terminated prior to the 2008 regular legislative
100	session, the department shall report the status of the fund to
101	the chairs of the legislative appropriations committees.
102	Section 3.  The Legislature finds that the following trust
103	funds are exempt from termination pursuant to Section 19(f),
104	Article III of the State Constitution:
105	(1)  Within the Department of Environmental Protection:
106	(a)  The Florida Preservation 2000 Trust Fund, FLAIR number
107	37-2-332.
108	(b)  The Florida Forever Trust Fund, FLAIR number 37-2-348.
109	(c)  The Land Acquisition Trust Fund, FLAIR number 37-2-
110	423.
111	(2)  Within the Department of Agriculture and Consumer
112	Services, the Florida Preservation 2000 Trust Fund, FLAIR number
113	42-2-332.
114	(3)  Within the Department of Management Services:
115	(a)  The Florida Retirement System Trust Fund, FLAIR number
116	72-2-309.
117	(b)  The Florida Facilities Pool Clearing Trust Fund, FLAIR
118	number 72-2-313.
119	(c)  The Florida Retirement System Preservation of Benefits
120	Plan Trust Fund, FLAIR number 72-2-345.
121	(d)  The Institute of Food and Agricultural Sciences
122	Supplemental Retirement Trust Fund, FLAIR number 72-2-379.
123	(e)  The Senior Management Service Optional Annuity Program
124	Trust Fund, FLAIR number 72-2-515.
125	(f)  The Optional Retirement Program Trust Fund, FLAIR
126	number 72-2-517.
127	(g)  The Police and Firefighters' Premium Tax Trust Fund,
128	FLAIR number 72-2-532.
129	(h)  The State Employees Life Insurance Trust Fund, FLAIR
130	number 72-2-667.
131	(i)  The State Employees Health Insurance Trust Fund, FLAIR
132	number 72-2-668.
133	(j)  The State Employees Disability Insurance Trust Fund,
134	FLAIR number 72-2-671.
135	(k)  The Florida Retirement System Contributions Clearing
136	Trust Fund, FLAIR number 72-2-705.
137	(l)  The Retiree Health Insurance Subsidy Trust Fund, FLAIR
138	number 72-2-583.
139	(4)  Within the Department of Revenue:
140	(a)  The Additional Court Costs Clearing Trust Fund, FLAIR
141	number 73-2-013.
142	(b)  The Apalachicola Bay Oyster Surcharge Clearing Trust
143	Fund, FLAIR number 73-2-028.
144	(c)  The Child Support Clearing Trust Fund, FLAIR number
145	73-2-081.
146	(d)  The Convention Development Tax Clearing Trust Fund,
147	FLAIR number 73-2-132.
148	(e)  The Revenue Sharing Trust Fund for Counties, FLAIR
149	number 73-2-144.
150	(f)  The Documentary Stamp Tax Clearing Trust Fund, FLAIR
151	number 73-2-166.
152	(g)  The Revenue-Fuel Tax Refund Payments Trust Fund, FLAIR
153	number 73-2-317.
154	(h)  The Fuel Tax Collection Trust Fund, FLAIR number 73-2-
155	319.
156	(i)  The Local Option Fuel Tax Trust Fund, FLAIR number 73-
157	2-448.
158	(j)  The Local Alternative Fuel User Fee Clearing Trust
159	Fund, FLAIR number 73-2-449.
160	(k)  Local Government Half-cent Sales Tax Clearing Trust
161	Fund, FLAIR number 73-2-455.
162	(l)  The Discretionary Sales Surtax Clearing Trust Fund,
163	FLAIR number 73-2-459.
164	(m)  The Local Option Tourist Development Trust Fund, FLAIR
165	number 73-2-460.
166	(n)  The Communications Services Tax Clearing Trust Fund,
167	FLAIR number 73-2-465.
168	(o)  The Motor Vehicle Warranty Trust Fund, FLAIR number
169	73-2-492.
170	(p)  The Municipal Financial Assistance Trust Fund, FLAIR
171	number 73-2-493.
172	(q)  The Motor Vehicle Rental Surcharge Clearing Trust
173	Fund, FLAIR number 73-2-494.
174	(r)  The Revenue Sharing Trust Fund for Municipalities,
175	FLAIR number 73-2-501.
176	(s)  The Oil and Gas Tax Trust Fund, FLAIR number 73-2-508.
177	(t)  The Pollutant Tax Clearing Trust Fund, FLAIR number
178	73-2-544.
179	(u)  The Secondhand Dealer and Secondary Metals Recycler
180	Clearing Trust Fund, FLAIR number 73-2-617.
181	(v)  The State Alternative Fuel User Fee Clearing Trust
182	Fund, FLAIR number 73-2-618.
183	(w)  The Security Deposits Trust Fund, FLAIR number 73-2-
184	625.
185	(x)  The Severance Tax Solid Mineral Trust Fund, FLAIR
186	number 73-2-636.
187	(y)  The Solid Waste Management Clearing Trust Fund, FLAIR
188	number 73-2-645.
189	(z)  The Local Communications Services Tax Clearing Trust
190	Fund, FLAIR number 73-2-662.
191	(aa)  The Department of Revenue Premium Tax Clearing Trust
192	Fund, FLAIR number 73-2-733.
193	(bb)  The Ninth-cent Fuel Tax Trust Fund, FLAIR number 73-
194	2-777.
195	(5)  Within the Department of Financial Services:
196	(a)  The Agents and Solicitors County Tax Trust Fund, FLAIR
197	number 43-2-024.
198	(b)  The Child Support Clearing Trust Fund, FLAIR number
199	43-2-081.
200	(c)  The Collections Internal Revenue Clearing Trust Fund,
201	FLAIR number 43-2-101.
202	(d)  The Tobacco Settlement Clearing Trust Fund, FLAIR
203	number 43-2-123.
204	(e)  The Consolidated Miscellaneous Deductions Clearing
205	Trust Fund, FLAIR number 43-2-139.
206	(f)  The Deferred Compensation Trust Fund, FLAIR number 43-
207	2-155.
208	(g)  The Electronic Funds Transfer Clearing Trust Fund,
209	FLAIR number 43-2-188.
210	(h)  The Employee Refund Clearing Trust Fund, FLAIR number
211	43-2-194.
212	(i)  The Federal Tax Levy Clearing Trust Fund, FLAIR number
213	43-2-274.
214	(j)  The Florida Retirement Clearing Trust Fund, FLAIR
215	number 43-2-323.
216	(k)  The Hospital Insurance Tax Clearing Trust Fund, FLAIR
217	number 43-2-370.
218	(l)  The Prison Industries Trust Fund, FLAIR number 43-2-
219	385.
220	(m)  The State Treasurer Escrow Trust Fund, FLAIR number
221	43-2-622.
222	(n)  The Social Security Contribution Trust Fund, FLAIR
223	number 43-2-643.
224	(o)  The Treasury Cash Deposit Trust Fund, FLAIR number 43-
225	2-720.
226	(p)  The Treasurer Investment Trust Fund, FLAIR number 43-
227	2-728.
228	(6)  Within the State Board of Administration:
229	(a)  The Debt Service Trust Fund, which has no FLAIR
230	number.
231	(b)  The Florida Hurricane Catastrophe Fund, which has no
232	FLAIR number.
233	(c)  The Florida Prepaid College Trust Fund, which has no
234	FLAIR number.
235	(d)  The funds of the Inland Protection Financing
236	Corporation, created under section 376.3075, Florida Statutes,
237	which have no FLAIR numbers.
238	(e)  The funds of the Investment Fraud Restoration
239	Financing Corporation, created under section 517.1204, Florida
240	Statutes, which have no FLAIR numbers.
241	(f)  The Gas Tax Fund, which has no FLAIR number.
242	(g)  The Lawton Chiles Endowment Fund, which has no FLAIR
243	number.
244	(h)  The Local Government Surplus Funds Trust Fund, which
245	has no FLAIR number.
246	(i)  The Public Employee Optional Retirement Program Trust
247	Fund, which has no FLAIR number.
248	(7)  Within the Division of Bond Finance, the Bonds
249	Proceeds Trust Fund, which has no FLAIR number.
250	Section 4.  The following trust funds are renamed:
251	(1)  Within the Department of Financial Services:
252	(a)  The Agents and Solicitors County Tax Trust Fund, FLAIR
253	number 43-2-024, is renamed the Agents County Tax Trust Fund.
254	(b)  The State Treasurer Escrow Trust Fund, FLAIR number
255	43-2-622, is renamed the State Treasury Escrow Trust Fund.
256	(c)  The Treasurer Investment Trust Fund, FLAIR number 43-
257	2-728, is renamed the Treasury Investment Trust Fund.
258	(d)  The Treasurer's Administrative and Investment Trust
259	Fund, FLAIR number 43-2-725 is renamed the Treasury
260	Administrative and Investment Trust Fund.
261	(2)  Within the Office of Financial Regulation, the Chief
262	Financial Officer's Federal Equitable Sharing Trust Fund, FLAIR
263	number 43-2-719, is renamed the Federal Equitable Sharing Trust
264	Fund.
265	Section 5.  Section 17.43, Florida Statutes, is amended to
266	read:
267	17.43  Chief Financial Officer's Federal Equitable Sharing
268	Trust Fund.--
269	(1)  The Chief Financial Officer's Federal Equitable
270	Sharing Trust Fund is created within the Department of Financial
271	Services. The department may deposit into the trust fund
272	receipts and revenues received as a result of federal criminal,
273	administrative, or civil forfeiture proceedings and receipts and
274	revenues received from federal asset-sharing programs. The trust
275	fund is exempt from the service charges imposed by s. 215.20.
276	(2)  Notwithstanding the provisions of s. 216.301 and
277	pursuant to s. 216.351, any balance in the trust fund at the end
278	of any fiscal year shall remain in the trust fund at the end of
279	the year and shall be available for carrying out the purposes of
280	the trust fund.
281	Section 6.  Section 20.2553, Florida Statutes, is repealed.
282	Section 7.  Subsection (7) of section 110.151, Florida
283	Statutes, is repealed.
284	Section 8.  Section 199.292, Florida Statutes, is amended
285	to read:
286	199.292  Disposition of intangible personal property
287	taxes.--All intangible personal property taxes collected
288	pursuant to this chapter, except for revenues derived from the
289	annual tax on a leasehold described in s. 199.023(1)(d), shall
290	be deposited into the General Revenue Fund. placed in a special
291	fund designated as the "Intangible Tax Trust Fund." The fund
292	shall be disbursed as follows:
293	(1)  Revenues derived from the annual tax on a leasehold
294	described in s. 199.023(1)(d) shall be returned to the local
295	school board for the county in which the property subject to the
296	leasehold is situated.
297	(2)  There is hereby appropriated annually out of the fund
298	the amount necessary for the effective and efficient
299	administration and enforcement by the department of the
300	provisions of chapters 192, 193, 194, 195, 196, 197, and 198 and
301	this chapter.
302	(3)  Of the remaining intangible personal property taxes
303	collected, the balance shall be transferred to the General
304	Revenue Fund of the state.
305	Section 9.  Paragraph (e) of subsection (3) of section
306	121.011, Florida Statutes, is amended to read:
307	121.011  Florida Retirement System.--
308	(3)  PRESERVATION OF RIGHTS.--
309	(e)  Any member of the Florida Retirement System or any
310	member of an existing system under this chapter on July 1, 1975,
311	who is not retired and who is, has been, or shall be, suspended
312	and reinstated without compensation shall receive retirement
313	service credit for the period of time from the date of
314	suspension to the date of reinstatement, provided:
315	1.  The creditable service claimed for the period of
316	suspension does not exceed 24 months;
317	2.  The member returns to active employment and remains on
318	the employer's payroll for at least 1 calendar month; and
319	3.  The member pays into the Retirement System Trust Fund
320	the total required employer contributions plus the total
321	employee contributions, if applicable, based on the member's
322	monthly compensation in effect for the pay period immediately
323	preceding the period of suspension, prorated for the said period
324	of suspension, plus interest thereon at a rate of 4 percent per
325	annum compounded annually until July 1, 1975, and 6.5 percent
326	interest thereafter until paid.  If permitted by federal law,
327	the member may pay to the Internal Revenue Service into the
328	Social Security Trust Fund the total cost, if any, of providing
329	social security coverage for the period of suspension if any
330	social security payments have been made by the employer for the
331	benefit of the member during such period. Should there be any
332	conflict as to payment for social security coverage, the payment
333	for retirement service credit shall be made and retirement
334	service credit granted regardless of such conflict.
335	Section 10.  Subsection (1) of section 121.031, Florida
336	Statutes, is amended to read:
337	121.031  Administration of system; appropriation; oaths;
338	actuarial studies; public records.--
339	(1)  The Department of Management Services has the
340	authority to adopt rules pursuant to ss. 120.536(1) and 120.54
341	to implement the provisions of law conferring duties upon the
342	department and to adopt rules as are necessary for the effective
343	and efficient administration of this system. The funds to pay
344	the expenses for administration of the system are hereby
345	appropriated from the interest earned on investments made for
346	the Retirement System Trust Fund and social security trust funds
347	and the assessments allowed under chapter 650.
348	Section 11.  Subsection (1) of section 121.141, Florida
349	Statutes, is amended to read:
350	121.141  Appropriation.--
351	(1)  There is hereby annually appropriated from the System
352	Trust Fund or the Social Security Trust Fund a sufficient amount
353	to make such payments as are provided in part I of this chapter.
354	Section 12.  Section 122.13, Florida Statutes, is repealed.
355	Section 13.  Section 122.26, Florida Statutes, is amended
356	to read:
357	122.26  Funds.--There shall be paid into the State and
358	County Officers and Employees' Retirement Trust Fund, provided
359	in former  s. 122.17, contributions by members of division B for
360	benefits payable to members under this system, and all amounts
361	appropriated for such purpose by the state.  There is hereby
362	created in the State Treasury a fund to be known as the Social
363	Security Contribution Trust Fund, into which shall be deposited
364	contributions required of members for social security coverage,
365	and such amounts as may be appropriated by the state for that
366	purpose.
367	Section 14.  Subsection (2) of section 122.27, Florida
368	Statutes, is amended to read:
369	122.27  Contributions.--From and after the date of the
370	execution of the agreement, the officer or board paying the
371	salary of a member of division B shall withhold the following
372	from such salary:
373	(2)  The percentage of such salary, which shall constitute
374	the contribution of the member required for social security
375	coverage as now or hereafter fixed by relevant federal statutes.
376	The officer or board so withholding such percentage of salary
377	shall submit deposit the same without delay to the Internal
378	Revenue Fund as directed by the Social Security Administration
379	in the Social Security Contribution Trust Fund.
380	Section 15.  Section 122.30, Florida Statutes, is repealed.
381	Section 16.  Section 122.35, Florida Statutes, is amended
382	to read:
383	122.35  Funding.--
384	(1)  Commencing July 1, 1967, for all state agencies and
385	commencing October 1, 1967, for all other agencies with
386	employees who are members under this chapter, former ss. 122.17
387	and 122.30(4) shall be of no further force and effect and each
388	officer or board paying salaries to members and withholding
389	contributions required of members under this chapter for
390	purposes of providing retirement benefits and social security
391	benefits to or on behalf of such members, shall budget, set
392	aside and pay over to account B of the intangible tax trust
393	fund, herein created, matching payments in the following
394	specified amounts:
395	(a)1.  An amount equal to the amount of member
396	contributions paid to the State and County Officers and
397	Employees' Retirement Trust Fund as specified in ss. 122.03 and
398	122.27 but excluding any additional contributions required of
399	high hazard members under s. 122.34; and
400	2.  Commencing January 1, 1993, an additional amount equal
401	to 3.99 percent of each installment of salary to members; and
402	(b)  An amount equal to the amount of member social
403	security contributions withheld, to be paid to the Internal
404	Revenue Service Social Security Contribution Trust Fund as
405	specified in s. 122.27.
406	(2)  The monthly payments required by subsection (1) shall
407	be payable within 10 days after the first day of each calendar
408	month after July 1, 1967, for all state agencies and October 1,
409	1967, for all other agencies. The state funds required to be
410	paid hereunder shall be provided and paid from the sources as
411	set forth in subsection subsections (3) and (4).
412	(3)  The appropriations provided each state agency each
413	fiscal year shall include sufficient amounts to pay the matching
414	contributions for social security and retirement as required by
415	this section and the matching contributions for retirement
416	required of state agencies under s. 238.11(1)(a). No state
417	agency, whether its funds are provided by state appropriation or
418	not, shall employ any person or maintain any person on its
419	payroll unless it has allotted for such person sufficient funds
420	to meet these required payments.
421	(4)  Effective December 1, 1970, officer and employee
422	contributions and employer matching contributions required by
423	division A and division B of this chapter shall be paid as
424	required in accordance with s. 121.061 and procedures
425	established therefor.
426	(5)  Effective January 1987, social security contributions
427	withheld on behalf of a member of division B of this chapter and
428	employer matching social security contributions paid on behalf
429	of such member shall be submitted to the Internal Revenue
430	Service as required by the Social Security Administration.
431	(4)  Effective October 1, 1967, the proceeds of the
432	intangible tax collections of the state remaining after the
433	payment of administrative expenses, commissions which are
434	applicable, and other costs incident to its collection shall be
435	set aside into an account designated as account B of the
436	Intangible Tax Trust Fund, which account shall also receive all
437	of the matching payments for retirement and social security
438	remitted by each officer or board as provided in subsection (1).
439	The amounts received and deposited into account B of the
440	Intangible Tax Trust Fund are appropriated and shall be used for
441	the following purposes and paid out on the priority basis as
442	shown below:
443	(a)  First, from the funds accumulated in account B there
444	shall be transferred:
445	1.  To the Social Security Contribution Trust Fund, an
446	amount equal to the social security contributions remitted by
447	each officer or board to said fund as specified in s. 122.27.
448	2.  To the State and County Officers and Employees'
449	Retirement Fund, an amount equal to the retirement contributions
450	withheld from the salaries of members and remitted by each
451	officer or board to said fund as required by ss. 122.03 and
452	122.27, but excluding any additional contributions required of
453	high hazard members under s. 122.34; provided, however, that
454	during the 1967-1969 biennium the amount transferred to said
455	account shall not exceed the total amount received in account B
456	from the various state and county agencies for retirement
457	matching purposes.
458	(b)  After the retirement and social security contributions
459	of all members have been matched as provided in paragraph (a),
460	the balance remaining in account B of the Intangible Tax Trust
461	Fund shall be distributed as follows:
462	1.  Each county shall receive each fiscal year ending June
463	30 an allocation in an amount equal to 55 percent of the total
464	net intangible taxes collected and remitted to the Department of
465	Revenue by the tax collector of the county during the prior
466	fiscal year.
467	a.  Commencing October 1, 1967, and every October 1
468	thereafter and continuing on the first day of each subsequent
469	month through June 30 of each fiscal year each board of county
470	commissions of the several counties of the state shall receive
471	an allocation from account B of the Intangible Tax Trust Fund.
472	This allocation shall not include the school boards of the
473	several counties of the state.  The amount of said monthly
474	allocation shall be equal to the average amount required to be
475	matched by the Intangible Tax Trust Fund for the corresponding
476	months during the 1966-1967 fiscal year as computed by the Chief
477	Financial Officer, or one-twelfth of the Chief Financial
478	Officer's estimate of the county's allocation, whichever is
479	smaller, and an adjustment to reconcile the monthly allocations
480	with the actual amount to be received pursuant to this
481	subparagraph, shall be made not later than 60 days after the end
482	of the fiscal year.
483	b.  Each county, county agency and school board shall pay
484	all matching cost for retirement and social security as required
485	by this act and s. 238.11(1), notwithstanding the provisions of
486	any other law.
487	2.  The balance remaining in account B of the Intangible
488	Tax Trust Fund after the retirement and social security
489	contributions have been matched and the allocations to each
490	county have been paid as provided in this act, shall be paid
491	over to the General Revenue Fund of the state.
492	(c)  The amounts allocated to the several counties from
493	account B of the Intangible Tax Trust Fund shall be paid by the
494	Department of Revenue to the respective boards of county
495	commissioners who shall deposit same in the general fund of the
496	county, and may expend them for any lawful county purpose. These
497	amounts may be used to assist any county officer or agency
498	within the county including school boards to make the matching
499	payments for retirement and social security as required by law.
500	Provided, however, should the income of any constitutional fee
501	officer in any year be insufficient to make the matching
502	payments required by this act, the boards of county
503	commissioners shall provide such fee officer sufficient funds
504	from the allocation received under this law to make these
505	required payments.
506	(d)  Should any officer or board other than a state officer
507	or board fail to make the retirement and social security
508	contributions required herein, the Department of Revenue shall
509	deduct the amount owed by the officer or board from the
510	allocation accruing to the credit of the county affected, or the
511	Department of Revenue shall deduct the amount owed from any
512	other funds to be distributed by him or her to the officer or
513	board using the procedure he or she shall deem most appropriate.
514	The amounts so deducted shall remain in or be transferred to
515	account B of the Intangible Tax Trust Fund for further
516	distribution in accordance with this subsection.
517	(e)  Should any officer or board other than a state officer
518	or board, for whom the tax collector collects taxes, fail to
519	make the retirement and social security contributions required
520	by this act, the tax collector, at the request of the Department
521	of Revenue and upon receipt of a certificate from him or her
522	showing the amount owed account B by the officer or board, shall
523	deduct the amount so certified from any taxes collected for the
524	officer or board and remit the amount to the Department of
525	Revenue for deposit in account B of the Intangible Tax Trust
526	Fund.
527	(f)  The boards of county commissioners of each county and
528	the Department of Revenue, acting individually or jointly, are
529	hereby authorized to file and maintain action in the courts of
530	this state against any county agency to require it to remit any
531	retirement or social security matching payments due account B of
532	the Intangible Tax Trust Fund under the provisions of this law.
533	Section 17.  Section 122.351, Florida Statutes, is
534	repealed.
535	Section 18.  Section 199.292, Florida Statutes, is amended
536	to read:
537	199.292  Disposition of intangible personal property
538	taxes.--All intangible personal property taxes collected
539	pursuant to this chapter shall be placed in the Administrative a
540	special fund designated as the "Intangible Tax Trust Fund of the
541	Department of Revenue and."  The fund shall be disbursed as
542	follows:
543	(1)  Revenues derived from the annual tax on a leasehold
544	described in s. 199.023(1)(d) shall be returned to the local
545	school board for the county in which the property subject to the
546	leasehold is situated.
547	(2)  There is hereby appropriated annually out of the fund
548	the amount necessary for the effective and efficient
549	administration and enforcement by the department of the
550	provisions of chapters 192, 193, 194, 195, 196, 197, and 198 and
551	this chapter.
552	(2)(3)  Of the remaining intangible personal property taxes
553	collected, the balance shall be transferred to the General
554	Revenue Fund of the state.
555	Section 19.  Paragraph (d) of subsection (6) of section
556	212.20, Florida Statutes, as amended by section 92 of chapter
557	2003-402, Laws of Florida, is amended to read:
558	212.20  Funds collected, disposition; additional powers of
559	department; operational expense; refund of taxes adjudicated
560	unconstitutionally collected.--
561	(6)  Distribution of all proceeds under this chapter and s.
562	202.18(1)(b) and (2)(b) shall be as follows:
563	(d)  The proceeds of all other taxes and fees imposed
564	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
565	and (2)(b) shall be distributed as follows:
566	1.  In any fiscal year, the greater of $500 million, minus
567	an amount equal to 4.6 percent of the proceeds of the taxes
568	collected pursuant to chapter 201, or 5 percent of all other
569	taxes and fees imposed pursuant to this chapter or remitted
570	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
571	monthly installments into the General Revenue Fund.
572	2.  Two-tenths of one percent shall be transferred to the
573	Ecosystem Management and Restoration Trust Fund to be used for
574	water quality improvement and water restoration projects.
575	3.  After the distribution under subparagraphs 1. and 2.,
576	8.814 percent of the amount remitted by a sales tax dealer
577	located within a participating county pursuant to s. 218.61
578	shall be transferred into the Local Government Half-cent Sales
579	Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
580	be transferred pursuant to this subparagraph to the Local
581	Government Half-cent Sales Tax Clearing Trust Fund shall be
582	reduced by 0.1 percent, and the department shall distribute this
583	amount to the Public Employees Relations Commission Trust Fund
584	less $5,000 each month, which shall be added to the amount
585	calculated in subparagraph 4. and distributed accordingly.
586	4.  After the distribution under subparagraphs 1., 2., and
587	3., 0.095 percent shall be transferred to the Local Government
588	Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
589	to s. 218.65.
590	5.  After the distributions under subparagraphs 1., 2., 3.,
591	and 4., 2.0440 percent of the available proceeds pursuant to
592	this paragraph shall be transferred monthly to the Revenue
593	Sharing Trust Fund for Counties pursuant to s. 218.215.
594	6.  After the distributions under subparagraphs 1., 2., 3.,
595	and 4., 1.3409 percent of the available proceeds pursuant to
596	this paragraph shall be transferred monthly to the Revenue
597	Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
598	the total revenue to be distributed pursuant to this
599	subparagraph is at least as great as the amount due from the
600	Revenue Sharing Trust Fund for Municipalities and the former
601	Municipal Financial Assistance Trust Fund in state fiscal year
602	1999-2000, no municipality shall receive less than the amount
603	due from the Revenue Sharing Trust Fund for Municipalities and
604	the former Municipal Financial Assistance Trust Fund in state
605	fiscal year 1999-2000. If the total proceeds to be distributed
606	are less than the amount received in combination from the
607	Revenue Sharing Trust Fund for Municipalities and the former
608	Municipal Financial Assistance Trust Fund in state fiscal year
609	1999-2000, each municipality shall receive an amount
610	proportionate to the amount it was due in state fiscal year
611	1999-2000.
612	7.  Of the remaining proceeds:
613	a.  In each fiscal year, the sum of $29,915,500 shall be
614	divided into as many equal parts as there are counties in the
615	state, and one part shall be distributed to each county. The
616	distribution among the several counties shall begin each fiscal
617	year on or before January 5th and shall continue monthly for a
618	total of 4 months. If a local or special law required that any
619	moneys accruing to a county in fiscal year 1999-2000 under the
620	then-existing provisions of s. 550.135 be paid directly to the
621	district school board, special district, or a municipal
622	government, such payment shall continue until such time that the
623	local or special law is amended or repealed. The state covenants
624	with holders of bonds or other instruments of indebtedness
625	issued by local governments, special districts, or district
626	school boards prior to July 1, 2000, that it is not the intent
627	of this subparagraph to adversely affect the rights of those
628	holders or relieve local governments, special districts, or
629	district school boards of the duty to meet their obligations as
630	a result of previous pledges or assignments or trusts entered
631	into which obligated funds received from the distribution to
632	county governments under then-existing s. 550.135. This
633	distribution specifically is in lieu of funds distributed under
634	s. 550.135 prior to July 1, 2000.
635	b.  The department shall distribute $166,667 monthly
636	pursuant to s. 288.1162 to each applicant that has been
637	certified as a "facility for a new professional sports
638	franchise" or a "facility for a retained professional sports
639	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
640	distributed monthly by the department to each applicant that has
641	been certified as a "facility for a retained spring training
642	franchise" pursuant to s. 288.1162; however, not more than
643	$208,335 may be distributed monthly in the aggregate to all
644	certified facilities for a retained spring training franchise.
645	Distributions shall begin 60 days following such certification
646	and shall continue for not more than 30 years. Nothing contained
647	in this paragraph shall be construed to allow an applicant
648	certified pursuant to s. 288.1162 to receive more in
649	distributions than actually expended by the applicant for the
650	public purposes provided for in s. 288.1162(6). However, a
651	certified applicant is entitled to receive distributions up to
652	the maximum amount allowable and undistributed under this
653	section for additional renovations and improvements to the
654	facility for the franchise without additional certification.
655	c.  Beginning 30 days after notice by the Office of
656	Tourism, Trade, and Economic Development to the Department of
657	Revenue that an applicant has been certified as the professional
658	golf hall of fame pursuant to s. 288.1168 and is open to the
659	public, $166,667 shall be distributed monthly, for up to 300
660	months, to the applicant.
661	d.  Beginning 30 days after notice by the Office of
662	Tourism, Trade, and Economic Development to the Department of
663	Revenue that the applicant has been certified as the
664	International Game Fish Association World Center facility
665	pursuant to s. 288.1169, and the facility is open to the public,
666	$83,333 shall be distributed monthly, for up to 168 months, to
667	the applicant. This distribution is subject to reduction
668	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
669	made, after certification and before July 1, 2000.
670	8.  All other proceeds shall remain with the General
671	Revenue Fund.
672	Section 20.  Section 213.31, Florida Statutes, is repealed.
673	Section 21.  Paragraphs (k), (o), and (x) of subsection (4)
674	of section 215.20, Florida Statutes, are amended to read:
675	215.20  Certain income and certain trust funds to
676	contribute to the General Revenue Fund.--
677	(4)  The income of a revenue nature deposited in the
678	following described trust funds, by whatever name designated, is
679	that from which the appropriations authorized by subsection (3)
680	shall be made:
681	(k)  Within the Department of Financial Services:
682	1.  The Agents and Solicitors County Tax Trust Fund.
683	2.  The Insurance Regulatory Trust Fund.
684	3.  The Special Disability Trust Fund.
685	4.  The Workers' Compensation Administration Trust Fund.
686	(o)  Within the Department of Management Services:
687	1.  The Administrative Trust Fund.
688	2.  The Architects Incidental Trust Fund.
689	3.  The Bureau of Aircraft Trust Fund.
690	4.  The Florida Facilities Pool Working Capital Trust Fund.
691	5.  The Grants and Donations Trust Fund.
692	6.  The Motor Vehicle Operating Trust Fund.
693	6.7.  The Police and Firefighters' Premium Tax Trust Fund.
694	7.8.  The Public Employees Relations Commission Trust Fund.
695	8.9.  The State Personnel System Trust Fund.
696	9.10.  The Supervision Trust Fund.
697	10.11.  The Working Capital Trust Fund.
698	(x)  Within the Office of Financial Regulation of the
699	Financial Services Commission:
700	1.  The Administrative Trust Fund.
701	2.  The Anti-Fraud Trust Fund.
702	3.  The Financial Institutions' Regulatory Trust Fund.
703	4.  The Mortgage Brokerage Guaranty Fund.
704	4.5.  The Regulatory Trust Fund.
705
706	The enumeration of the foregoing moneys or trust funds shall not
707	prohibit the applicability thereto of s. 215.24 should the
708	Governor determine that for the reasons mentioned in s. 215.24
709	the money or trust funds should be exempt herefrom, as it is the
710	purpose of this law to exempt income from its force and effect
711	when, by the operation of this law, federal matching funds or
712	contributions or private grants to any trust fund would be lost
713	to the state.
714	Section 22.  Paragraph (b) of subsection (2) of section
715	215.32, Florida Statutes, is amended to read:
716	215.32  State funds; segregation.--
717	(2)  The source and use of each of these funds shall be as
718	follows:
719	(b)1.  The trust funds shall consist of moneys received by
720	the state which under law or under trust agreement are
721	segregated for a purpose authorized by law. The state agency or
722	branch of state government receiving or collecting such moneys
723	shall be responsible for their proper expenditure as provided by
724	law. Upon the request of the state agency or branch of state
725	government responsible for the administration of the trust fund,
726	the Chief Financial Officer may establish accounts within the
727	trust fund at a level considered necessary for proper
728	accountability. Once an account is established within a trust
729	fund, the Chief Financial Officer may authorize payment from
730	that account only upon determining that there is sufficient cash
731	and releases at the level of the account.
732	2.  In addition to other trust funds created by law, to the
733	extent possible, each agency shall use the following trust funds
734	as described in this subparagraph for day-to-day operations:
735	a.  Operations or operating trust fund, for use as a
736	depository for funds to be used for program operations funded by
737	program revenues.
738	b.  Operations and maintenance trust fund, for use as a
739	depository for client services funded by third-party payors.
740	c.  Administrative trust fund, for use as a depository for
741	funds to be used for management activities that are departmental
742	in nature and funded by indirect cost earnings and assessments
743	against trust funds.
744	d.  Grants and donations trust fund, for use as a
745	depository for funds to be used for allowable grant or donor
746	agreement activities funded by restricted contractual revenue
747	from private and public nonfederal sources.
748	e.  Agency working capital trust fund, for use as a
749	depository for funds to be used pursuant to s. 216.272.
750	f.  Clearing funds trust fund, for use as a depository for
751	funds to account for collections pending distribution to lawful
752	recipients.
753	g.  Federal grant trust fund, for use as a depository for
754	funds to be used for allowable grant activities funded by
755	restricted program revenues from federal sources.
756
757	To the extent possible, each agency must adjust its internal
758	accounting to use existing trust funds consistent with the
759	requirements of this subparagraph. If an agency does not have
760	trust funds listed in this subparagraph and cannot make such
761	adjustment, the agency must recommend the creation of the
762	necessary trust funds to the Legislature no later than the next
763	scheduled review of the agency's trust funds pursuant to s.
764	215.3206.
765	2.  In order to maintain a minimum number of trust funds in
766	the State Treasury, each state agency or the judicial branch may
767	consolidate, if permitted under the terms and conditions of
768	their receipt, the trust funds administered by it; provided,
769	however, the agency or judicial branch employs effectively a
770	uniform system of accounts sufficient to preserve the integrity
771	of such trust funds; and provided, further, that consolidation
772	of trust funds is approved by the Governor or the Chief Justice.
773	3.  All such moneys are hereby appropriated to be expended
774	in accordance with the law or trust agreement under which they
775	were received, subject always to the provisions of chapter 216
776	relating to the appropriation of funds and to the applicable
777	laws relating to the deposit or expenditure of moneys in the
778	State Treasury.
779	4.a.  Notwithstanding any provision of law restricting the
780	use of trust funds to specific purposes, unappropriated cash
781	balances from selected trust funds may be authorized by the
782	Legislature for transfer to the Budget Stabilization Fund and
783	Working Capital Fund in the General Appropriations Act.
784	b.  This subparagraph does not apply to trust funds
785	required by federal programs or mandates; trust funds
786	established for bond covenants, indentures, or resolutions whose
787	revenues are legally pledged by the state or public body to meet
788	debt service or other financial requirements of any debt
789	obligations of the state or any public body; the State
790	Transportation Trust Fund; the trust fund containing the net
791	annual proceeds from the Florida Education Lotteries; the
792	Florida Retirement System Trust Fund; trust funds under the
793	management of the Board of Regents, where such trust funds are
794	for auxiliary enterprises, self-insurance, and contracts,
795	grants, and donations, as those terms are defined by general
796	law; trust funds that serve as clearing funds or accounts for
797	the Chief Financial Officer or state agencies; trust funds that
798	account for assets held by the state in a trustee capacity as an
799	agent or fiduciary for individuals, private organizations, or
800	other governmental units; and other trust funds authorized by
801	the State Constitution.
802	Section 23.  Subsections (12), (13), (14), (15), and (16)
803	of section 253.03, Florida Statutes, are amended to read:
804	253.03  Board of trustees to administer state lands; lands
805	enumerated.--
806	(12)  There is hereby established within the Department of
807	Environmental Protection the Forfeited Property Trust Fund, to
808	be used as a nonlapsing revolving fund exclusively for the
809	purposes of subsection(13).
810	(12)(13)  The Board of Trustees of the Internal Improvement
811	Trust Fund is hereby authorized to administer, manage, control,
812	conserve, protect, and sell all real property forfeited to the
813	state pursuant to ss. 895.01-895.09 or acquired by the state
814	pursuant to s. 607.0505 or s. 620.192. The board is directed to
815	immediately determine the value of all such property and shall
816	ascertain whether the property is in any way encumbered. If the
817	board determines that it is in the best interest of the state to
818	do so, funds from the Internal Improvement Forfeited Property
819	Trust Fund may be used to satisfy any such encumbrances. If
820	forfeited property receipts are not the Forfeited Property Trust
821	Fund does not contain a balance sufficient to satisfy
822	encumbrances on the property and expenses permitted under this
823	section, funds from the Land Acquisition Trust Fund may be used
824	to satisfy any such encumbrances and expenses. All property
825	acquired by the board pursuant to s. 607.0505, s. 620.192, or
826	ss. 895.01-895.09 shall be sold as soon as commercially feasible
827	unless the Attorney General recommends and the board determines
828	that retention of the property in public ownership would
829	effectuate one or more of the following policies of statewide
830	significance: protection or enhancement of floodplains, marshes,
831	estuaries, lakes, rivers, wilderness areas, wildlife areas,
832	wildlife habitat, or other environmentally sensitive natural
833	areas or ecosystems; or preservation of significant
834	archaeological or historical sites identified by the Secretary
835	of State. In such event the property shall remain in the
836	ownership of the board, to be controlled, managed, and disposed
837	of in accordance with this chapter, and the Internal Improvement
838	Forfeited Property Trust Fund shall be reimbursed from the Land
839	Acquisition Trust Fund, or other appropriate fund designated by
840	the board, for any funds expended from the Internal Improvement
841	Forfeited Property Trust Fund pursuant to this subsection in
842	regard to such property. Upon the recommendation of the Attorney
843	General, the board may reimburse the investigative agency for
844	its investigative expenses, costs, and attorneys' fees, and may
845	reimburse law enforcement agencies for actual expenses incurred
846	in conducting investigations leading to the forfeiture of such
847	property from funds deposited in the Internal Improvement
848	Forfeited Property Trust Fund of the Department of Environmental
849	Protection. The proceeds of the sale of property acquired under
850	s. 607.0505, s. 620.192, or ss. 895.01-895.09 shall be
851	distributed as follows:
852	(a)  After satisfaction of any valid claims arising under
853	the provisions of s. 895.09(1)(a) or (b), any moneys used to
854	satisfy encumbrances and expended as costs of administration,
855	appraisal, management, conservation, protection, sale, and real
856	estate sales services and any interest earnings lost to the Land
857	Acquisition Trust Fund as of a date certified by the Department
858	of Environmental Protection shall be replaced first in the Land
859	Acquisition Trust Fund, if those funds were used, and then in
860	the Forfeited Property Trust Fund; and
861	(b)  The remainder shall be distributed as set forth in s.
862	895.09.
863	(13)(14)  For applications not reviewed pursuant to s.
864	373.427, the department must review applications for the use of
865	state-owned submerged lands, including a purchase, lease,
866	easement, disclaimer, or other consent to use such lands and
867	must request submittal of all additional information necessary
868	to process the application. Within 30 days after receipt of the
869	additional information, the department must review the
870	information submitted and may request only that information
871	needed to clarify the additional information, to process the
872	appropriate form of approval indicated by the additional
873	information, or to answer those questions raised by, or directly
874	related to, the additional information. An application for the
875	authority to use state-owned submerged land must be approved,
876	denied, or submitted to the board of trustees for approval or
877	denial within 90 days after receipt of the original application
878	or the last item of timely requested additional information.
879	This time is tolled by any notice requirements of s. 253.115 or
880	any hearing held under ss. 120.569 and 120.57. If the review of
881	the application is not completed within the 90-day period, the
882	department must report quarterly to the board the reasons for
883	the failure to complete the report and provide an estimated date
884	by which the application will be approved or denied. Failure to
885	comply with these time periods shall not result in approval by
886	default.
887	(14)(15)  Where necessary to establish a price for the sale
888	or other disposition of state lands, including leases or
889	easements, the Division of State Lands may utilize appropriate
890	appraiser selection and contracting procedures established under
891	s. 253.025.  The board of trustees may adopt rules to implement
892	this subsection.
893	(15)(16)  The Board of Trustees of the Internal Improvement
894	Trust Fund, and the state through its agencies, may not control,
895	regulate, permit, or charge for any severed materials which are
896	removed from the area adjacent to an intake or discharge
897	structure pursuant to an exemption authorized in s.
898	403.813(2)(f) and (r).
899	Section 24.  Subsection (6) of section 287.064, Florida
900	Statutes, as amended by section 10 of chapter 2003-399, Laws of
901	Florida, is amended to read:
902	287.064  Consolidated financing of deferred-payment
903	purchases.--
904	(6)  There is created the Consolidated Payment Trust Fund
905	in the Chief Financial Officer's office for the purpose of
906	implementing the provisions of this act.  All funds debited from
907	each agency and each community college pursuant to the
908	provisions of this section may be deposited in the trust fund
909	and shall be used to meet the financial obligations incurred
910	pursuant to this act. Any income from the investment of funds
911	may be used to fund administrative costs associated with this
912	program.
913	Section 25.  Section 440.501, Florida Statutes, is
914	repealed.
915	Section 26.  Section 450.155, Florida Statutes, is amended
916	to read:
917	450.155  Funding of the Child Labor Law program Trust
918	Fund.--
919	(1)  There is created in the State Treasury an account to
920	be known as the Child Labor Law program Trust Fund. Subject to
921	such appropriations made by as the Legislature shall be used may
922	make therefor from time to time, disbursements from this account
923	may be made by the division, subject to the approval of the
924	department, in order to carry out the proper responsibilities of
925	administering the Child Labor Law, to protect the working youth
926	of the state, and to provide education about the Child Labor Law
927	to employers, public school employees, the general public, and
928	working youth. The Child Labor Law Trust Fund and the moneys
929	deposited therein shall be under the direct supervision and
930	control of the department, and such moneys may be disbursed by
931	the Chief Financial Officer from time to time as determined by
932	the department.
933	(2)  Moneys for the administration of the child labor
934	program shall be transferred to the Professional Regulation
935	Trust Fund from the Workers' Compensation Administration Trust
936	Fund of the Department of Financial Services pursuant to
937	nonoperating transfers. Notwithstanding the provisions of s.
938	216.292, the Child Labor Law Trust Fund shall not be available
939	for transfer for any purposes other than those provided for in
940	this section.
941	Section 27.  Section 450.165, Florida Statutes, is created
942	to read:
943	450.165  Child labor law and farm labor accounts.--The
944	department shall maintain separate accounts in the Professional
945	Regulation Trust Fund for child labor law enforcement and
946	administration activities and for farm labor registration
947	activities. The department shall account for the expenditure of
948	moneys received from the Workers' Compensation Administration
949	Trust Fund of the Department of Financial Services. To the
950	maximum extent possible, the department shall directly charge
951	all expenses to the appropriate account.
952	Section 28.  Subsection (7) of section 450.30, Florida
953	Statutes, is amended to read:
954	450.30  Requirement of certificate of registration;
955	education and examination program.--
956	(7)  The department shall charge each applicant a $35 fee
957	for the education and examination program. Such fees shall be
958	deposited in the Professional Regulation Crew Chief Registration
959	Trust Fund.
960	Section 29.  Paragraph (c) of subsection (1) of section
961	450.31, Florida Statutes, is amended to read:
962	450.31  Issuance, revocation, and suspension of, and
963	refusal to issue or renew, certificate of registration.--
964	(1)  The department shall not issue to any person a
965	certificate of registration as a farm labor contractor, nor
966	shall it renew such certificate, until:
967	(c)  Such person pays to the department, in cash, certified
968	check, or money order, a nonrefundable application fee of $75.
969	Fees collected by the department under this subsection shall be
970	deposited in the State Treasury into the Professional Regulation
971	Crew Chief Registration Trust Fund, which is hereby created, and
972	shall be utilized for administration of this part.
973	Section 30.  Section 494.0017, Florida Statutes, is amended
974	to read:
975	494.0017  Regulatory Trust Mortgage Brokerage Guaranty
976	Fund.--
977	(1)  The office shall make transfers from the Regulatory
978	Trust Fund to the Mortgage Brokerage Guaranty Fund to pay valid
979	claims arising under former ss. 494.042, 494.043, and 494.044,
980	as provided in former s. 494.00171 from the Regulatory Trust
981	Fund.
982	(2)  Any money paid to the Mortgage Brokerage Guaranty Fund
983	in excess of any liability to claimants against the Mortgage
984	Brokerage Guaranty Fund shall be transferred to the Regulatory
985	Trust Fund.
986	(2)(3)  Funds from the Regulatory Trust The Mortgage
987	Brokerage Guaranty Fund shall be disbursed as provided in former
988	s. 494.044, upon approval by the office, to any party to a
989	mortgage financing transaction who:
990	(a)  Is adjudged by a court of competent jurisdiction of
991	this state to have suffered monetary damages as a result of any
992	violation of chapter 494 in effect prior to October 1, 1991,
993	committed by a licensee or registrant;
994	(b)  Has filed a claim for recovery prior to January 1,
995	1992; and
996	(c)  Has suffered monetary damages as a result of an act
997	occurring prior to October 1, 1991.
998	(3)(4)  Notwithstanding s. 215.965, the office may disburse
999	funds to a court or court-appointed person for distribution, if
1000	the conditions precedent for recovery exist and the distribution
1001	would be the fairest and most equitable manner of distributing
1002	the funds.
1003	Section 31.  Paragraph (d) of subsection (2) of section
1004	494.0041, Florida Statutes, is amended to read:
1005	494.0041  Administrative penalties and fines; license
1006	violations.--
1007	(2)  Each of the following acts constitutes a ground for
1008	which the disciplinary actions specified in subsection (1) may
1009	be taken:
1010	(d)  Disbursement, or an act which has caused or will cause
1011	disbursement, to any person in any amount from the Regulatory
1012	Trust Mortgage Brokerage Guaranty Fund, the Securities Guaranty
1013	Fund, or the Florida Real Estate Recovery Fund, regardless of
1014	any repayment or restitution to the disbursed fund by the
1015	licensee or any person acting on behalf of the licensee or
1016	registrant.
1017	Section 32.  Paragraph (d) of subsection (2) of section
1018	494.0072, Florida Statutes, is amended to read:
1019	494.0072  Administrative penalties and fines; license
1020	violations.--
1021	(2)  Each of the following acts constitutes a ground for
1022	which the disciplinary actions specified in subsection (1) may
1023	be taken:
1024	(d)  Disbursement, or an act which has caused or will cause
1025	disbursement, to any person in any amount from the Regulatory
1026	Trust Mortgage Brokerage Guaranty Fund, the Securities Guaranty
1027	Fund, or the Florida Real Estate Recovery Fund, regardless of
1028	any repayment or restitution to the disbursed fund by the
1029	licensee or any person acting on behalf of the licensee.
1030	Section 33.  Subsection (1) of section 501.2101, Florida
1031	Statutes, is amended to read:
1032	501.2101  Enforcing authorities; moneys received in certain
1033	proceedings.--
1034	(1)  Any moneys received by an enforcing authority for
1035	attorney's fees and costs of investigation or litigation in
1036	proceedings brought under the provisions of s. 501.207, s.
1037	501.208, or s. 501.211 shall be deposited as received in the
1038	Legal Affairs Revolving Trust Fund if the action is brought by
1039	the Department of Legal Affairs, and in the Consumer Frauds
1040	Trust Fund of the Justice Administrative Commission if the
1041	action is brought by a state attorney in the State Treasury.
1042	Section 34.  Section 569.205, Florida Statutes, as amended
1043	by section 734 of chapter 2003-261, Laws of Florida, is
1044	repealed.
1045	Section 35.  Subsections (1) and (2) of section 650.04,
1046	Florida Statutes, are amended to read:
1047	650.04  Contributions by state employees.--
1048	(1)  Every employee of the state whose services are covered
1049	by an agreement entered into under s. 650.03 shall be required
1050	to pay for the period of such coverage, into the Social Security
1051	Contribution Trust Fund established by s. 650.06, contributions,
1052	with respect to wages as defined in s. 650.02, equal to the
1053	amount of the employee tax which would be imposed by the Federal
1054	Insurance Contributions Act if such services constituted
1055	employment within the meaning of that act.  Such liability shall
1056	arise in consideration of the employee's retention in the
1057	service of the state, or the employee's entry upon such service,
1058	after the enactment of this chapter.
1059	(2)  The contribution imposed by this section shall be
1060	collected by deducting the amount of the contribution from wages
1061	as and when paid, but failure to make such deduction shall not
1062	relieve the employee from liability for such contribution.
1063	Effective January 1987, such contributions shall be submitted to
1064	the Internal Revenue Service as directed by the Social Security
1065	Administration.
1066	Section 36.  Section 650.05, Florida Statutes, is amended
1067	to read:
1068	650.05  Plans for coverage of employees of political
1069	subdivisions.--
1070	(1)  Each political subdivision of the state is hereby
1071	authorized to submit for approval by the state agency a plan for
1072	extending the benefits of Title II of the Social Security Act,
1073	in conformity with the applicable provisions of such act, to
1074	employees of such political subdivisions.  Each such plan and
1075	any amendment thereof shall be approved by the state agency if
1076	it is found that such plan, or such plan as amended, is in
1077	conformity with such requirements as are provided in regulations
1078	of the state agency, except that no such plan shall be approved
1079	unless:
1080	(a)  It is in conformity with the requirements of the
1081	Social Security Act and with the agreement entered into under s.
1082	650.03;
1083	(b)  It provides that all services which constitute
1084	employment as defined in s. 650.02 are performed in the employ
1085	of the political subdivisions by employees thereof, shall be
1086	covered by the plan, except such of those services set forth in
1087	s. 650.02(2)(c) as the political subdivision specifically elects
1088	to exclude;
1089	(c)  It specifies the source or sources from which the
1090	funds necessary to make the payments required by paragraph
1091	(3)(a) and by subsection(4) are expected to be derived and
1092	contains reasonable assurance that such sources will be adequate
1093	for such purpose;
1094	(d)  It provides for such methods of administration of the
1095	plan by the political subdivision as are found by the state
1096	agency to be necessary for the proper and efficient
1097	administration of the plan;
1098	(e)  It provides that the political subdivision will make
1099	such reports, in such form and containing such information, as
1100	the state agency may from time to time require, and comply with
1101	such provisions as the state agency or the Secretary of Health,
1102	Education, and Welfare may from time to time find necessary to
1103	assure the correctness and verification of such reports; and
1104	(f)  It authorizes the state agency to terminate the plan
1105	in its entirety, in the discretion of the state agency, if it
1106	finds that there has been a failure to comply substantially with
1107	any provisions contained in such plan, such termination to take
1108	effect at the expiration of such notice and on such conditions
1109	as may be provided by regulations of the state agency and may be
1110	consistent with the provisions of the Social Security Act.
1111	(2)  The state agency shall not finally refuse to approve a
1112	plan submitted by a political subdivision under subsection (1),
1113	and shall not terminate an approved plan, without reasonable
1114	notice and opportunity for hearing to the political subdivision
1115	affected thereby.  Any final decision of the state agency shall
1116	be subject to proper judicial review.
1117	(3)(a)  Each political subdivision as to which a plan has
1118	been approved under this section shall pay to the Internal
1119	Revenue Service into the Social Security Contribution Trust
1120	Fund, with respect to wages (as defined in s. 650.02), at such
1121	time or times as the Social Security Administration state agency
1122	may by regulation prescribe, contributions in the amounts and at
1123	the rates specified in the applicable agreement entered into by
1124	the state agency under s. 650.03.
1125	(b)  Each political subdivision required to make payments
1126	under paragraph(a) is authorized, in consideration of the
1127	employee's retention in, or entry upon, employment after
1128	enactment of this chapter, to impose upon each of its employees,
1129	as to services which are covered by an approved plan, a
1130	contribution with respect to his or her wages as defined in s.
1131	650.02 not exceeding the amount of the employee tax which would
1132	be imposed by the Federal Insurance Contributions Act if such
1133	services constituted employment within the meaning of that act,
1134	and to deduct the amount of such contribution from his or her
1135	wages as and when paid.  Contributions so collected shall be
1136	paid to the Internal Revenue Service into the Social Security
1137	Contribution Trust Fund in partial discharge of the liability of
1138	such political subdivision or instrumentality under paragraph
1139	(a).  Failure to deduct such contribution shall not relieve the
1140	employee or employer of liability therefor.
1141	(4)  Delinquent payments due under paragraph (3)(a) may,
1142	with interest of 1 percent for each calendar month or part
1143	thereof past the due date, be recovered by action in a court of
1144	competent jurisdiction against the political subdivision liable
1145	therefor or shall, at the request of the state agency, be
1146	deducted from any other moneys payable to such subdivision by
1147	any department or agency of the state.
1148	(5)  Each political subdivision as to which a plan has been
1149	approved shall be liable to the state agency for a proportionate
1150	part of the cost of administering this chapter.  Such
1151	proportionate cost shall be computed and paid in accordance with
1152	such regulations relating thereto as may be adopted by the state
1153	agency and shall be deposited in the Social Security
1154	Administration Trust Fund; and, if any such payment is not made
1155	when due, the amount thereof, with interest of 0.5 percent for
1156	each calendar month or part thereof past the due date, shall,
1157	upon request of the state agency, be deducted from any other
1158	moneys payable to such political subdivision by any officer,
1159	department, or agency of the state, and forthwith paid to the
1160	state agency.  Withdrawals from the Social Security
1161	Administration Trust Fund shall be made solely for the payment
1162	of costs of administering this chapter, and any balance in
1163	excess of the amount necessary for administering this chapter
1164	shall be transferred to the state retirement system trust funds
1165	established pursuant to chapter 121 to make up the actuarial
1166	deficit in any of the state retirement systems consolidated
1167	thereunder, and the necessary amounts are hereby appropriated
1168	from said funds for these purposes.
1169	(4)(6)(a)  Notwithstanding any other provision of this
1170	chapter, effective January 1, 1972, all state political
1171	subdivisions receiving financial aid that provide social
1172	security coverage for their employees pursuant to the provisions
1173	of this chapter and the provisions of the various retirement
1174	systems as authorized by law shall, in addition to other
1175	purposes, utilize all grants-in-aid and other revenue received
1176	from the state to pay the employer's share of social security
1177	cost.
1178	(b)  The grants-in-aid and other revenue referred to in
1179	paragraph (a) specifically include, but are not limited to,
1180	minimum foundation program grants to public school districts and
1181	community colleges; gasoline, motor fuel, intangible, cigarette,
1182	racing, and insurance premium taxes distributed to political
1183	subdivisions; and amounts specifically appropriated as grants-
1184	in-aid for mental health, mental retardation, and mosquito
1185	control programs.
1186	Section 37.  Section 650.06, Florida Statutes, as amended
1187	by section 1661 of chapter 2003-261, Laws of Florida, is
1188	repealed.
1189	Section 38.  Paragraph (c) of subsection (1) and paragraphs
1190	(a) and (e) of subsection (2) of section 895.09, Florida
1191	Statutes, are amended to read:
1192	895.09  Disposition of funds obtained through forfeiture
1193	proceedings.--
1194	(1)  A court entering a judgment of forfeiture in a
1195	proceeding brought pursuant to s. 895.05 shall retain
1196	jurisdiction to direct the distribution of any cash or of any
1197	cash proceeds realized from the forfeiture and disposition of
1198	the property. The court shall direct the distribution of the
1199	funds in the following order of priority:
1200	(c)  Any claim by the Board of Trustees of the Internal
1201	Improvement Trust Fund on behalf of the Internal Improvement
1202	Forfeited Property Trust Fund or the Land Acquisition Trust Fund
1203	pursuant to s. 253.03(13), not including administrative costs of
1204	the Department of Environmental Protection previously paid
1205	directly from the Internal Improvement Forfeited Property Trust
1206	Fund in accordance with legislative appropriation.
1207	(2)(a)  Following satisfaction of all valid claims under
1208	subsection (1), 25 percent of the remainder of the funds
1209	obtained in the forfeiture proceedings pursuant to s. 895.05
1210	shall be deposited as provided in paragraph (b) into the
1211	appropriate trust fund of the Department of Legal Affairs or
1212	state attorney's office which filed the civil forfeiture action;
1213	25 percent shall be deposited as provided in paragraph (c) into
1214	the applicable law enforcement trust fund of the investigating
1215	law enforcement agency conducting the investigation which
1216	resulted in or significantly contributed to the forfeiture of
1217	the property; 25 percent shall be deposited as provided in
1218	paragraph (d) in the Substance Abuse Trust Fund of the
1219	Department of Children and Family Services; and the remaining 25
1220	percent shall be deposited in the Internal Improvement Forfeited
1221	Property Trust Fund of the Department of Environmental
1222	Protection. When a forfeiture action is filed by the Department
1223	of Legal Affairs or a state attorney, the court entering the
1224	judgment of forfeiture shall, taking into account the overall
1225	effort and contribution to the investigation and forfeiture
1226	action by the agencies that filed the action, make a pro rata
1227	apportionment among such agencies of the funds available for
1228	distribution to the agencies filing the action as provided in
1229	this section. If multiple investigating law enforcement agencies
1230	have contributed to the forfeiture of the property, the court
1231	which entered the judgment of forfeiture shall, taking into
1232	account the overall effort and contribution of the agencies to
1233	the investigation and forfeiture action, make a pro rata
1234	apportionment among such investigating law enforcement agencies
1235	of the funds available for distribution to the investigating
1236	agencies as provided in this section.
1237	(e)  On a quarterly basis, any excess funds from forfeited
1238	property receipts, including interest, over $1 million deposited
1239	in the Internal Improvement Forfeited Property Trust Fund of the
1240	Department of Environmental Protection in accordance with
1241	paragraph (a) shall be deposited in the Substance Abuse Trust
1242	Fund of the Department of Children and Family Services.
1243	Section 39.  Paragraph (b) of subsection (5) of section
1244	932.7055, Florida Statutes, is amended to read:
1245	932.7055  Disposition of liens and forfeited property.--
1246	(5)  If the seizing agency is a state agency, all remaining
1247	proceeds shall be deposited into the General Revenue Fund.
1248	However, if the seizing agency is:
1249	(b)  The Department of Environmental Protection, the
1250	proceeds accrued pursuant to the provisions of the Florida
1251	Contraband Forfeiture Act shall be deposited into the Internal
1252	Improvement Forfeited Property Trust Fund or into the
1253	department's Federal Law Enforcement Trust Fund as provided in
1254	s. 20.2553, as applicable.
1255	Section 40.  This act shall take effect July 1, 2004.
1256
1257
1258	================= T I T L E  A M E N D M E N T =================
1259	Remove the entire title and insert:
1260	A bill to be entitled
1261	An act relating to trust funds; terminating specified
1262	trust funds within the Department of Environmental
1263	Protection, the Department of Financial Services, the
1264	Office of Financial Regulation, the Department of
1265	Management Services, the Department of Revenue, the
1266	Department of Business and Professional Regulation and the
1267	Department of Agriculture and Consumer Services; providing
1268	for the disposition of balances in and revenues of such
1269	trust funds; prescribing procedures for terminating such
1270	trust funds; terminating a trust fund within the
1271	Department of Environmental Protection on the date that
1272	the bonds secured by the fund mature; requiring the
1273	department to notify the Chief Financial Officer and the
1274	Legislature following such termination; requiring a report
1275	to the Legislature if the fund is not terminated by a date
1276	certain; declaring the findings of the Legislature that
1277	specified trust funds within the Department of
1278	Environmental Protection, the Department of Agriculture
1279	and Consumer Services, the Department of Management
1280	Services, the Department of Revenue, the Department of
1281	Financial Services, the State Board of Administration, and
1282	the Division of Bond Finance are exempt from the
1283	termination requirements of s. 19(f), Art. III of the
1284	State Constitution; renaming specified trust funds within
1285	the Department of Financial Services and the Office of
1286	Financial Regulation; amending s. 17.43, F.S.; renaming a
1287	trust fund within the Department of Financial Services;
1288	repealing s. 20.2553, F.S., relating to the Federal Law
1289	Enforcement Trust Fund within the Department of
1290	Environmental Protection; repealing s. 110.151(7), F.S.,
1291	relating to the State Employee Child Care Revolving Trust
1292	Fund within the Department of Management Services;
1293	amending s. 199.292, F.S.; requiring that proceeds of the
1294	intangible personal property tax be deposited into the
1295	General Revenue Fund rather than a special trust fund;
1296	deleting provisions requiring that a portion of such
1297	proceeds be used for enforcement purposes; amending ss.
1298	121.011, 121.031, and 121.141, F.S.; providing for payment
1299	of certain social security contributions to the Internal
1300	Revenue Service rather than the Social Security
1301	Contribution Trust Fund; repealing s. 122.13, F.S.,
1302	relating to certain payments made into a retirement trust
1303	fund, to conform; amending ss. 122.26 and 122.27, F.S.,
1304	and repealing s. 122.30, F.S.; deleting references to the
1305	Social Security Contribution Trust Fund, to conform;
1306	amending s. 122.35, F.S., and repealing s. 122.351, F.S.;
1307	deleting obsolete provisions relating to payments made to
1308	the Social Security Contribution Trust Fund; amending s.
1309	199.292, F.S.; providing for the deposit of intangible
1310	personal property taxes into the General Revenue Fund;
1311	providing an exception for certain leasehold taxes;
1312	amending s. 212.20, F.S.; revising a reference to the
1313	Municipal Financial Assistance Trust Fund, to conform;
1314	repealing s. 213.31, F.S., relating to the Corporation Tax
1315	Administration Trust Fund; amending s. 215.20, F.S.,
1316	relating to the service charge imposed on state trust
1317	funds; conforming provisions to changes made by the act;
1318	amending s. 215.32, F.S.; providing requirements for state
1319	agencies with respect to the use of various trust funds;
1320	requiring an agency to recommend the creation of a trust
1321	fund under certain circumstances; amending s. 253.03,
1322	F.S.; deleting provisions referencing the Forfeited
1323	Property Trust Fund in the Department of Environmental
1324	Protection; amending s. 287.064, F.S.; deleting provisions
1325	referencing the Consolidated Payment Trust Fund of the
1326	Chief Financial Officer; repealing s. 440.501, F.S.,
1327	relating to the Workers' Compensation Administration Trust
1328	Fund within the Department of Business and Professional
1329	Regulation; amending s. 450.155, F.S., relating to the
1330	Child Labor Law Trust Fund; providing for the transfer of
1331	moneys to the Professional Regulation Trust Fund of the
1332	Department of Financial Services; creating s. 450.165,
1333	F.S.; requiring separate accounts for child labor
1334	enforcement and farm labor registration activities;
1335	amending ss. 450.30 and 450.31, F.S.; deleting provisions
1336	referencing the Crew Chief Registration Trust Fund;
1337	amending ss. 494.0017, 494.0041, and 494.0072, F.S.;
1338	deleting provisions referencing the Mortgage Brokerage
1339	Guaranty Fund; amending s. 501.2101, F.S.; designating
1340	trust funds for the deposit of moneys received by certain
1341	enforcing authorities; repealing s. 569.205, F.S.,
1342	relating to the Department of Business and Professional
1343	Regulation Tobacco Settlement Trust Fund; amending ss.
1344	650.04 and 650.05, F.S., and repealing s. 650.06, F.S.,
1345	relating to payments to the Social Security Contribution
1346	Trust Fund; conforming provisions to changes made by the
1347	act; amending ss. 895.09 and 932.7055, F.S.; deleting
1348	provisions referencing the Forfeited Property Trust Fund
1349	to conform to changes made by the act; providing an
1350	effective date.

CODING: Words stricken are deletions; words underlined are additions.