Senate Bill sb2644er
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1
2 An act relating to trust funds; terminating
3 specified trust funds within the Department of
4 Environmental Protection, the Department of
5 Financial Services, the Office of Financial
6 Regulation, the Department of Management
7 Services, the Department of Revenue, the
8 Department of Business and Professional
9 Regulation and the Department of Agriculture
10 and Consumer Services; providing for the
11 disposition of balances in and revenues of such
12 trust funds; prescribing procedures for
13 terminating such trust funds; terminating a
14 trust fund within the Department of
15 Environmental Protection on the date that the
16 bonds secured by the fund mature; requiring the
17 department to notify the Chief Financial
18 Officer and the Legislature following such
19 termination; requiring a report to the
20 Legislature if the fund is not terminated by a
21 date certain; declaring the findings of the
22 Legislature that specified trust funds within
23 the Department of Environmental Protection, the
24 Department of Agriculture and Consumer
25 Services, the Department of Management
26 Services, the Department of Revenue, the
27 Department of Financial Services, the State
28 Board of Administration, and the Division of
29 Bond Finance are exempt from the termination
30 requirements of s. 19(f), Art. III of the State
31 Constitution; renaming specified trust funds
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1 within the Department of Financial Services and
2 the Office of Financial Regulation; amending s.
3 17.43, F.S.; renaming a trust fund within the
4 Department of Financial Services; repealing s.
5 20.2553, F.S., relating to the Federal Law
6 Enforcement Trust Fund within the Department of
7 Environmental Protection; repealing s.
8 110.151(7), F.S., relating to the State
9 Employee Child Care Revolving Trust Fund within
10 the Department of Management Services; amending
11 s. 199.292, F.S.; requiring that proceeds of
12 the intangible personal property tax be
13 deposited into the General Revenue Fund rather
14 than a special trust fund; deleting provisions
15 requiring that a portion of such proceeds be
16 used for enforcement purposes; amending ss.
17 121.011, 121.031, and 121.141, F.S.; providing
18 for payment of certain social security
19 contributions to the Internal Revenue Service
20 rather than the Social Security Contribution
21 Trust Fund; repealing s. 122.13, F.S., relating
22 to certain payments made into a retirement
23 trust fund, to conform; amending ss. 122.26 and
24 122.27, F.S., and repealing s. 122.30, F.S.;
25 deleting references to the Social Security
26 Contribution Trust Fund, to conform; amending
27 s. 122.35, F.S., and repealing s. 122.351,
28 F.S.; deleting obsolete provisions relating to
29 payments made to the Social Security
30 Contribution Trust Fund; amending s. 212.20,
31 F.S.; revising a reference to the Municipal
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1 Financial Assistance Trust Fund, to conform;
2 repealing s. 213.31, F.S., relating to the
3 Corporation Tax Administration Trust Fund;
4 amending s. 215.20, F.S., relating to the
5 service charge imposed on state trust funds;
6 conforming provisions to changes made by the
7 act; amending s. 215.32, F.S.; providing
8 requirements for state agencies with respect to
9 the use of various trust funds; requiring an
10 agency to recommend the creation of a trust
11 fund under certain circumstances; amending s.
12 253.03, F.S.; deleting provisions referencing
13 the Forfeited Property Trust Fund in the
14 Department of Environmental Protection;
15 amending s. 287.064, F.S.; deleting provisions
16 referencing the Consolidated Payment Trust Fund
17 of the Chief Financial Officer; repealing s.
18 440.501, F.S., relating to the Workers'
19 Compensation Administration Trust Fund within
20 the Department of Business and Professional
21 Regulation; amending s. 450.155, F.S., relating
22 to the Child Labor Law Trust Fund; providing
23 for the transfer of moneys to the Professional
24 Regulation Trust Fund of the Department of
25 Business and Professional Regulation; creating
26 s. 450.165, F.S.; requiring separate accounts
27 for child labor enforcement and farm labor
28 registration activities; amending ss. 450.30
29 and 450.31, F.S.; deleting provisions
30 referencing the Crew Chief Registration Trust
31 Fund; amending ss. 494.0017, 494.0041, and
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1 494.0072, F.S.; deleting provisions referencing
2 the Mortgage Brokerage Guaranty Fund; amending
3 s. 501.2101, F.S.; designating trust funds for
4 the deposit of moneys received by certain
5 enforcing authorities; repealing s. 569.205,
6 F.S., relating to the Department of Business
7 and Professional Regulation Tobacco Settlement
8 Trust Fund; amending ss. 650.04 and 650.05,
9 F.S., and repealing s. 650.06, F.S., relating
10 to payments to the Social Security Contribution
11 Trust Fund; conforming provisions to changes
12 made by the act; amending ss. 895.09 and
13 932.7055, F.S.; deleting provisions referencing
14 the Forfeited Property Trust Fund to conform to
15 changes made by the act; providing an effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. (1) The following trust funds within the
21 following departments are terminated:
22 (a) Within the Department of Environmental Protection:
23 1. The Forfeited Property Trust Fund, FLAIR number
24 37-2-267. The current balance remaining in, and all revenues
25 of, the trust fund shall be transferred to the Internal
26 Improvement Trust Fund, FLAIR number 37-2-408.
27 2. The Marine Resources Conservation Trust Fund, FLAIR
28 number 37-2-467, which was transferred to the Fish and
29 Wildlife Conservation Commission by chapter 2000-197, Laws of
30 Florida.
31
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1 3. The Federal Law Enforcement Trust Fund, FLAIR
2 number 37-2-719. The current balance remaining in, and all
3 revenues of, the trust fund shall be transferred to the Grants
4 and Donations Trust Fund, FLAIR number 37-2-339.
5 4. The Save the Manatee Trust Fund, FLAIR number
6 37-2-611.
7 (b) Within the Department of Financial Services:
8 1. The Consolidated Payment Trust Fund, FLAIR number
9 43-2-140.
10 2. The Self-Insurance Assessment Trust Fund, FLAIR
11 number 43-2-630, which was re-created by chapter 2000-72, Laws
12 of Florida, in the Department of Labor and Employment
13 Security; transferred by section 1 of chapter 2002-194, Laws
14 of Florida, to the Department of Insurance; and transferred by
15 subparagraph (3)(b)2. of section 3 of chapter 2002-404, Laws
16 of Florida, to the Department of Financial Services.
17 3. The Working Capital Trust Fund, FLAIR number
18 43-2-792.
19 (c) Within the Office of Financial Regulation, the
20 Mortgage Brokerage Guaranty Fund, FLAIR number 43-2-485. The
21 current balance remaining in, and all revenues of, the trust
22 fund shall be transferred to the Regulatory Trust Fund within
23 the Office of Financial Regulation, FLAIR number 43-2-573.
24 (d) Within the Department of Management Services:
25 1. Motor Vehicle Operating Trust Fund, FLAIR number
26 72-2-486. The current balance remaining in, and all revenues
27 of, the trust fund shall be transferred to the Grants and
28 Donations Trust Fund, FLAIR number 72-2-339.
29 2. The Social Security Contribution Trust Fund, FLAIR
30 number 72-2-638.
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1 3. The State Employee Child Care Revolving Trust Fund,
2 FLAIR number 72-2-670. The current balance remaining in, and
3 all revenues of, the trust fund shall be transferred to the
4 State Personnel System Trust Fund, FLAIR number 72-2-678.
5 4. The State Employees Savings Bond Trust Fund, FLAIR
6 number 72-2-674.
7 (e) Within the Department of Revenue:
8 1. The Corporation Tax Administration Trust Fund,
9 FLAIR number 73-2-134.
10 2. The Drug Enforcement Trust Fund, FLAIR number
11 73-2-171.
12 3. The Intangible Tax Trust Fund, FLAIR number
13 73-2-399.
14 4. Railroad and Private Car Tax Clearing Trust Fund,
15 FLAIR number 73-2-571.
16 5. The Sales Tax Security Deposit Trust Fund, FLAIR
17 number 73-2-607.
18 6. The Working Capital Trust Fund, FLAIR number
19 73-2-792.
20 7. The Municipal Financial Assistance Trust Fund,
21 FLAIR number 73-2-493.
22 (f) Within the Department of Business and Professional
23 Regulation:
24 1. The Child Labor Law Trust Fund, FLAIR number
25 79-2-106. The current balance remaining in, and all revenues
26 of, the trust fund shall be transferred to the Professional
27 Regulation Trust Fund, FLAIR number 79-2-547.
28 2. The Crew Chief Registration Trust Fund, FLAIR
29 number 79-2-147. The current balance remaining in, and all
30 revenues of, the trust fund shall be transferred to the
31 Professional Regulation Trust Fund, FLAIR number 79-2-547.
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1 3. The Tobacco Settlement Trust Fund within the
2 Department of Business and Professional Regulation, FLAIR
3 number 79-2-122, which was terminated on July 1, 2003,
4 pursuant to Section 19(f), Article III of the State
5 Constitution.
6 4. The Workers' Compensation Administration Trust
7 Fund, FLAIR number 79-2-795. The current balance remaining in,
8 and all revenues of, the trust fund shall be transferred to
9 the Professional Regulation Trust Fund, FLAIR number 79-2-547.
10 (g) Within the Department of Agriculture and Consumer
11 Services, the Working Capital Trust Fund, FLAIR number
12 42-2-792.
13 (2) Unless otherwise provided, all current balances
14 remaining in, and all revenues of, the trust funds terminated
15 by this act shall be transferred to the General Revenue Fund.
16 (3) For each trust fund terminated by this act, the
17 agency that administers the trust fund shall pay any
18 outstanding debts and obligations of the terminated fund as
19 soon as practicable, and the Chief Financial Officer shall
20 close out and remove the terminated fund from the various
21 state accounting systems using generally accepted accounting
22 principles concerning warrants outstanding, assets, and
23 liabilities.
24 Section 2. The Project Construction Trust Fund, FLAIR
25 number 37-2-549, within the Department of Environmental
26 Protection, is terminated upon the date of maturity of all
27 bonds secured thereby. The department shall notify the Chief
28 Financial Officer, the President of the Senate, the Speaker of
29 the House of Representatives, and the chairs of the
30 legislative appropriations committees within 30 days after
31 such date. If the fund is not terminated prior to the 2008
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1 regular legislative session, the department shall report the
2 status of the fund to the chairs of the legislative
3 appropriations committees.
4 Section 3. The Legislature finds that the following
5 trust funds are exempt from termination pursuant to Section
6 19(f), Article III of the State Constitution:
7 (1) Within the Department of Environmental Protection:
8 (a) The Florida Preservation 2000 Trust Fund, FLAIR
9 number 37-2-332.
10 (b) The Florida Forever Trust Fund, FLAIR number
11 37-2-348.
12 (c) The Land Acquisition Trust Fund, FLAIR number
13 37-2-423.
14 (2) Within the Department of Agriculture and Consumer
15 Services, the Florida Preservation 2000 Trust Fund, FLAIR
16 number 42-2-332.
17 (3) Within the Department of Management Services:
18 (a) The Florida Retirement System Trust Fund, FLAIR
19 number 72-2-309.
20 (b) The Florida Facilities Pool Clearing Trust Fund,
21 FLAIR number 72-2-313.
22 (c) The Florida Retirement System Preservation of
23 Benefits Plan Trust Fund, FLAIR number 72-2-345.
24 (d) The Institute of Food and Agricultural Sciences
25 Supplemental Retirement Trust Fund, FLAIR number 72-2-379.
26 (e) The Senior Management Service Optional Annuity
27 Program Trust Fund, FLAIR number 72-2-515.
28 (f) The Optional Retirement Program Trust Fund, FLAIR
29 number 72-2-517.
30 (g) The Police and Firefighters' Premium Tax Trust
31 Fund, FLAIR number 72-2-532.
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1 (h) The State Employees Life Insurance Trust Fund,
2 FLAIR number 72-2-667.
3 (i) The State Employees Health Insurance Trust Fund,
4 FLAIR number 72-2-668.
5 (j) The State Employees Disability Insurance Trust
6 Fund, FLAIR number 72-2-671.
7 (k) The Florida Retirement System Contributions
8 Clearing Trust Fund, FLAIR number 72-2-705.
9 (l) The Retiree Health Insurance Subsidy Trust Fund,
10 FLAIR number 72-2-583.
11 (4) Within the Department of Revenue:
12 (a) The Additional Court Costs Clearing Trust Fund,
13 FLAIR number 73-2-013.
14 (b) The Apalachicola Bay Oyster Surcharge Clearing
15 Trust Fund, FLAIR number 73-2-028.
16 (c) The Child Support Clearing Trust Fund, FLAIR
17 number 73-2-081.
18 (d) The Convention Development Tax Clearing Trust
19 Fund, FLAIR number 73-2-132.
20 (e) The Revenue Sharing Trust Fund for Counties, FLAIR
21 number 73-2-144.
22 (f) The Documentary Stamp Tax Clearing Trust Fund,
23 FLAIR number 73-2-166.
24 (g) The Revenue-Fuel Tax Refund Payments Trust Fund,
25 FLAIR number 73-2-317.
26 (h) The Fuel Tax Collection Trust Fund, FLAIR number
27 73-2-319.
28 (i) The Local Option Fuel Tax Trust Fund, FLAIR number
29 73-2-448.
30 (j) The Local Alternative Fuel User Fee Clearing Trust
31 Fund, FLAIR number 73-2-449.
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1 (k) Local Government Half-cent Sales Tax Clearing
2 Trust Fund, FLAIR number 73-2-455.
3 (l) The Discretionary Sales Surtax Clearing Trust
4 Fund, FLAIR number 73-2-459.
5 (m) The Local Option Tourist Development Trust Fund,
6 FLAIR number 73-2-460.
7 (n) The Communications Services Tax Clearing Trust
8 Fund, FLAIR number 73-2-465.
9 (o) The Motor Vehicle Warranty Trust Fund, FLAIR
10 number 73-2-492.
11 (p) The Municipal Financial Assistance Trust Fund,
12 FLAIR number 73-2-493.
13 (q) The Motor Vehicle Rental Surcharge Clearing Trust
14 Fund, FLAIR number 73-2-494.
15 (r) The Revenue Sharing Trust Fund for Municipalities,
16 FLAIR number 73-2-501.
17 (s) The Oil and Gas Tax Trust Fund, FLAIR number
18 73-2-508.
19 (t) The Pollutant Tax Clearing Trust Fund, FLAIR
20 number 73-2-544.
21 (u) The Secondhand Dealer and Secondary Metals
22 Recycler Clearing Trust Fund, FLAIR number 73-2-617.
23 (v) The State Alternative Fuel User Fee Clearing Trust
24 Fund, FLAIR number 73-2-618.
25 (w) The Security Deposits Trust Fund, FLAIR number
26 73-2-625.
27 (x) The Severance Tax Solid Mineral Trust Fund, FLAIR
28 number 73-2-636.
29 (y) The Solid Waste Management Clearing Trust Fund,
30 FLAIR number 73-2-645.
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1 (z) The Local Communications Services Tax Clearing
2 Trust Fund, FLAIR number 73-2-662.
3 (aa) The Department of Revenue Premium Tax Clearing
4 Trust Fund, FLAIR number 73-2-733.
5 (bb) The Ninth-cent Fuel Tax Trust Fund, FLAIR number
6 73-2-777.
7 (5) Within the Department of Financial Services:
8 (a) The Agents and Solicitors County Tax Trust Fund,
9 FLAIR number 43-2-024.
10 (b) The Child Support Clearing Trust Fund, FLAIR
11 number 43-2-081.
12 (c) The Collections Internal Revenue Clearing Trust
13 Fund, FLAIR number 43-2-101.
14 (d) The Tobacco Settlement Clearing Trust Fund, FLAIR
15 number 43-2-123.
16 (e) The Consolidated Miscellaneous Deductions Clearing
17 Trust Fund, FLAIR number 43-2-139.
18 (f) The Deferred Compensation Trust Fund, FLAIR number
19 43-2-155.
20 (g) The Electronic Funds Transfer Clearing Trust Fund,
21 FLAIR number 43-2-188.
22 (h) The Employee Refund Clearing Trust Fund, FLAIR
23 number 43-2-194.
24 (i) The Federal Tax Levy Clearing Trust Fund, FLAIR
25 number 43-2-274.
26 (j) The Florida Retirement Clearing Trust Fund, FLAIR
27 number 43-2-323.
28 (k) The Hospital Insurance Tax Clearing Trust Fund,
29 FLAIR number 43-2-370.
30 (l) The Prison Industries Trust Fund, FLAIR number
31 43-2-385.
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1 (m) The State Treasurer Escrow Trust Fund, FLAIR
2 number 43-2-622.
3 (n) The Social Security Contribution Trust Fund, FLAIR
4 number 43-2-643.
5 (o) The Treasury Cash Deposit Trust Fund, FLAIR number
6 43-2-720.
7 (p) The Treasurer Investment Trust Fund, FLAIR number
8 43-2-728.
9 (6) Within the State Board of Administration:
10 (a) The Debt Service Trust Fund, which has no FLAIR
11 number.
12 (b) The Florida Hurricane Catastrophe Fund, which has
13 no FLAIR number.
14 (c) The Florida Prepaid College Trust Fund, which has
15 no FLAIR number.
16 (d) The funds of the Inland Protection Financing
17 Corporation, created under section 376.3075, Florida Statutes,
18 which have no FLAIR numbers.
19 (e) The funds of the Investment Fraud Restoration
20 Financing Corporation, created under section 517.1204, Florida
21 Statutes, which have no FLAIR numbers.
22 (f) The Gas Tax Fund, which has no FLAIR number.
23 (g) The Lawton Chiles Endowment Fund, which has no
24 FLAIR number.
25 (h) The Local Government Surplus Funds Trust Fund,
26 which has no FLAIR number.
27 (i) The Public Employee Optional Retirement Program
28 Trust Fund, which has no FLAIR number.
29 (7) Within the Division of Bond Finance, the Bonds
30 Proceeds Trust Fund, which has no FLAIR number.
31 Section 4. The following trust funds are renamed:
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1 (1) Within the Department of Financial Services:
2 (a) The Agents and Solicitors County Tax Trust Fund,
3 FLAIR number 43-2-024, is renamed the Agents County Tax Trust
4 Fund.
5 (b) The State Treasurer Escrow Trust Fund, FLAIR
6 number 43-2-622, is renamed the State Treasury Escrow Trust
7 Fund.
8 (c) The Treasurer Investment Trust Fund, FLAIR number
9 43-2-728, is renamed the Treasury Investment Trust Fund.
10 (d) The Treasurer's Administrative and Investment
11 Trust Fund, FLAIR number 43-2-725 is renamed the Treasury
12 Administrative and Investment Trust Fund.
13 (2) Within the Office of Financial Regulation, the
14 Chief Financial Officer's Federal Equitable Sharing Trust
15 Fund, FLAIR number 43-2-719, is renamed the Federal Equitable
16 Sharing Trust Fund.
17 Section 5. Section 17.43, Florida Statutes, is amended
18 to read:
19 17.43 Chief Financial Officer's Federal Equitable
20 Sharing Trust Fund.--
21 (1) The Chief Financial Officer's Federal Equitable
22 Sharing Trust Fund is created within the Department of
23 Financial Services. The department may deposit into the trust
24 fund receipts and revenues received as a result of federal
25 criminal, administrative, or civil forfeiture proceedings and
26 receipts and revenues received from federal asset-sharing
27 programs. The trust fund is exempt from the service charges
28 imposed by s. 215.20.
29 (2) Notwithstanding the provisions of s. 216.301 and
30 pursuant to s. 216.351, any balance in the trust fund at the
31 end of any fiscal year shall remain in the trust fund at the
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1 end of the year and shall be available for carrying out the
2 purposes of the trust fund.
3 Section 6. Section 20.2553, Florida Statutes, is
4 repealed.
5 Section 7. Subsection (7) of section 110.151, Florida
6 Statutes, is repealed.
7 Section 8. Section 199.292, Florida Statutes, is
8 amended to read:
9 199.292 Disposition of intangible personal property
10 taxes.--All intangible personal property taxes collected
11 pursuant to this chapter, except for revenues derived from the
12 annual tax on a leasehold described in s. 199.023(1)(d), shall
13 be deposited into the General Revenue Fund. placed in a
14 special fund designated as the "Intangible Tax Trust Fund."
15 The fund shall be disbursed as follows:
16 (1) Revenues derived from the annual tax on a
17 leasehold described in s. 199.023(1)(d) shall be returned to
18 the local school board for the county in which the property
19 subject to the leasehold is situated.
20 (2) There is hereby appropriated annually out of the
21 fund the amount necessary for the effective and efficient
22 administration and enforcement by the department of the
23 provisions of chapters 192, 193, 194, 195, 196, 197, and 198
24 and this chapter.
25 (3) Of the remaining intangible personal property
26 taxes collected, the balance shall be transferred to the
27 General Revenue Fund of the state.
28 Section 9. Paragraph (e) of subsection (3) of section
29 121.011, Florida Statutes, is amended to read:
30 121.011 Florida Retirement System.--
31 (3) PRESERVATION OF RIGHTS.--
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1 (e) Any member of the Florida Retirement System or any
2 member of an existing system under this chapter on July 1,
3 1975, who is not retired and who is, has been, or shall be,
4 suspended and reinstated without compensation shall receive
5 retirement service credit for the period of time from the date
6 of suspension to the date of reinstatement, provided:
7 1. The creditable service claimed for the period of
8 suspension does not exceed 24 months;
9 2. The member returns to active employment and remains
10 on the employer's payroll for at least 1 calendar month; and
11 3. The member pays into the Retirement System Trust
12 Fund the total required employer contributions plus the total
13 employee contributions, if applicable, based on the member's
14 monthly compensation in effect for the pay period immediately
15 preceding the period of suspension, prorated for the said
16 period of suspension, plus interest thereon at a rate of 4
17 percent per annum compounded annually until July 1, 1975, and
18 6.5 percent interest thereafter until paid. If permitted by
19 federal law, the member may pay to the Internal Revenue
20 Service into the Social Security Trust Fund the total cost, if
21 any, of providing social security coverage for the period of
22 suspension if any social security payments have been made by
23 the employer for the benefit of the member during such period.
24 Should there be any conflict as to payment for social security
25 coverage, the payment for retirement service credit shall be
26 made and retirement service credit granted regardless of such
27 conflict.
28 Section 10. Subsection (1) of section 121.031, Florida
29 Statutes, is amended to read:
30 121.031 Administration of system; appropriation;
31 oaths; actuarial studies; public records.--
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1 (1) The Department of Management Services has the
2 authority to adopt rules pursuant to ss. 120.536(1) and 120.54
3 to implement the provisions of law conferring duties upon the
4 department and to adopt rules as are necessary for the
5 effective and efficient administration of this system. The
6 funds to pay the expenses for administration of the system are
7 hereby appropriated from the interest earned on investments
8 made for the Retirement System Trust Fund and social security
9 trust funds and the assessments allowed under chapter 650.
10 Section 11. Subsection (1) of section 121.141, Florida
11 Statutes, is amended to read:
12 121.141 Appropriation.--
13 (1) There is hereby annually appropriated from the
14 System Trust Fund or the Social Security Trust Fund a
15 sufficient amount to make such payments as are provided in
16 part I of this chapter.
17 Section 12. Section 122.13, Florida Statutes, is
18 repealed.
19 Section 13. Section 122.26, Florida Statutes, is
20 amended to read:
21 122.26 Funds.--There shall be paid into the State and
22 County Officers and Employees' Retirement Trust Fund, provided
23 in former s. 122.17, contributions by members of division B
24 for benefits payable to members under this system, and all
25 amounts appropriated for such purpose by the state. There is
26 hereby created in the State Treasury a fund to be known as the
27 Social Security Contribution Trust Fund, into which shall be
28 deposited contributions required of members for social
29 security coverage, and such amounts as may be appropriated by
30 the state for that purpose.
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1 Section 14. Subsection (2) of section 122.27, Florida
2 Statutes, is amended to read:
3 122.27 Contributions.--From and after the date of the
4 execution of the agreement, the officer or board paying the
5 salary of a member of division B shall withhold the following
6 from such salary:
7 (2) The percentage of such salary, which shall
8 constitute the contribution of the member required for social
9 security coverage as now or hereafter fixed by relevant
10 federal statutes. The officer or board so withholding such
11 percentage of salary shall submit deposit the same without
12 delay to the Internal Revenue Fund as directed by the Social
13 Security Administration in the Social Security Contribution
14 Trust Fund.
15 Section 15. Section 122.30, Florida Statutes, is
16 repealed.
17 Section 16. Section 122.35, Florida Statutes, is
18 amended to read:
19 122.35 Funding.--
20 (1) Commencing July 1, 1967, for all state agencies
21 and commencing October 1, 1967, for all other agencies with
22 employees who are members under this chapter, former ss.
23 122.17 and 122.30(4) shall be of no further force and effect
24 and each officer or board paying salaries to members and
25 withholding contributions required of members under this
26 chapter for purposes of providing retirement benefits and
27 social security benefits to or on behalf of such members,
28 shall budget, set aside and pay over to account B of the
29 intangible tax trust fund, herein created, matching payments
30 in the following specified amounts:
31
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1 (a)1. An amount equal to the amount of member
2 contributions paid to the State and County Officers and
3 Employees' Retirement Trust Fund as specified in ss. 122.03
4 and 122.27 but excluding any additional contributions required
5 of high hazard members under s. 122.34; and
6 2. Commencing January 1, 1993, an additional amount
7 equal to 3.99 percent of each installment of salary to
8 members; and
9 (b) An amount equal to the amount of member social
10 security contributions withheld, to be paid to the Internal
11 Revenue Service Social Security Contribution Trust Fund as
12 specified in s. 122.27.
13 (2) The monthly payments required by subsection (1)
14 shall be payable within 10 days after the first day of each
15 calendar month after July 1, 1967, for all state agencies and
16 October 1, 1967, for all other agencies. The state funds
17 required to be paid hereunder shall be provided and paid from
18 the sources as set forth in subsection subsections (3) and
19 (4).
20 (3) The appropriations provided each state agency each
21 fiscal year shall include sufficient amounts to pay the
22 matching contributions for social security and retirement as
23 required by this section and the matching contributions for
24 retirement required of state agencies under s. 238.11(1)(a).
25 No state agency, whether its funds are provided by state
26 appropriation or not, shall employ any person or maintain any
27 person on its payroll unless it has allotted for such person
28 sufficient funds to meet these required payments.
29 (4) Effective December 1, 1970, officer and employee
30 contributions and employer matching contributions required by
31 division A and division B of this chapter shall be paid as
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1 required in accordance with s. 121.061 and procedures
2 established therefor.
3 (5) Effective January 1987, social security
4 contributions withheld on behalf of a member of division B of
5 this chapter and employer matching social security
6 contributions paid on behalf of such member shall be submitted
7 to the Internal Revenue Service as required by the Social
8 Security Administration.
9 (4) Effective October 1, 1967, the proceeds of the
10 intangible tax collections of the state remaining after the
11 payment of administrative expenses, commissions which are
12 applicable, and other costs incident to its collection shall
13 be set aside into an account designated as account B of the
14 Intangible Tax Trust Fund, which account shall also receive
15 all of the matching payments for retirement and social
16 security remitted by each officer or board as provided in
17 subsection (1). The amounts received and deposited into
18 account B of the Intangible Tax Trust Fund are appropriated
19 and shall be used for the following purposes and paid out on
20 the priority basis as shown below:
21 (a) First, from the funds accumulated in account B
22 there shall be transferred:
23 1. To the Social Security Contribution Trust Fund, an
24 amount equal to the social security contributions remitted by
25 each officer or board to said fund as specified in s. 122.27.
26 2. To the State and County Officers and Employees'
27 Retirement Fund, an amount equal to the retirement
28 contributions withheld from the salaries of members and
29 remitted by each officer or board to said fund as required by
30 ss. 122.03 and 122.27, but excluding any additional
31 contributions required of high hazard members under s. 122.34;
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1 provided, however, that during the 1967-1969 biennium the
2 amount transferred to said account shall not exceed the total
3 amount received in account B from the various state and county
4 agencies for retirement matching purposes.
5 (b) After the retirement and social security
6 contributions of all members have been matched as provided in
7 paragraph (a), the balance remaining in account B of the
8 Intangible Tax Trust Fund shall be distributed as follows:
9 1. Each county shall receive each fiscal year ending
10 June 30 an allocation in an amount equal to 55 percent of the
11 total net intangible taxes collected and remitted to the
12 Department of Revenue by the tax collector of the county
13 during the prior fiscal year.
14 a. Commencing October 1, 1967, and every October 1
15 thereafter and continuing on the first day of each subsequent
16 month through June 30 of each fiscal year each board of county
17 commissions of the several counties of the state shall receive
18 an allocation from account B of the Intangible Tax Trust
19 Fund. This allocation shall not include the school boards of
20 the several counties of the state. The amount of said monthly
21 allocation shall be equal to the average amount required to be
22 matched by the Intangible Tax Trust Fund for the corresponding
23 months during the 1966-1967 fiscal year as computed by the
24 Chief Financial Officer, or one-twelfth of the Chief Financial
25 Officer's estimate of the county's allocation, whichever is
26 smaller, and an adjustment to reconcile the monthly
27 allocations with the actual amount to be received pursuant to
28 this subparagraph, shall be made not later than 60 days after
29 the end of the fiscal year.
30 b. Each county, county agency and school board shall
31 pay all matching cost for retirement and social security as
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1 required by this act and s. 238.11(1), notwithstanding the
2 provisions of any other law.
3 2. The balance remaining in account B of the
4 Intangible Tax Trust Fund after the retirement and social
5 security contributions have been matched and the allocations
6 to each county have been paid as provided in this act, shall
7 be paid over to the General Revenue Fund of the state.
8 (c) The amounts allocated to the several counties from
9 account B of the Intangible Tax Trust Fund shall be paid by
10 the Department of Revenue to the respective boards of county
11 commissioners who shall deposit same in the general fund of
12 the county, and may expend them for any lawful county purpose.
13 These amounts may be used to assist any county officer or
14 agency within the county including school boards to make the
15 matching payments for retirement and social security as
16 required by law. Provided, however, should the income of any
17 constitutional fee officer in any year be insufficient to make
18 the matching payments required by this act, the boards of
19 county commissioners shall provide such fee officer sufficient
20 funds from the allocation received under this law to make
21 these required payments.
22 (d) Should any officer or board other than a state
23 officer or board fail to make the retirement and social
24 security contributions required herein, the Department of
25 Revenue shall deduct the amount owed by the officer or board
26 from the allocation accruing to the credit of the county
27 affected, or the Department of Revenue shall deduct the amount
28 owed from any other funds to be distributed by him or her to
29 the officer or board using the procedure he or she shall deem
30 most appropriate. The amounts so deducted shall remain in or
31
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1 be transferred to account B of the Intangible Tax Trust Fund
2 for further distribution in accordance with this subsection.
3 (e) Should any officer or board other than a state
4 officer or board, for whom the tax collector collects taxes,
5 fail to make the retirement and social security contributions
6 required by this act, the tax collector, at the request of the
7 Department of Revenue and upon receipt of a certificate from
8 him or her showing the amount owed account B by the officer or
9 board, shall deduct the amount so certified from any taxes
10 collected for the officer or board and remit the amount to the
11 Department of Revenue for deposit in account B of the
12 Intangible Tax Trust Fund.
13 (f) The boards of county commissioners of each county
14 and the Department of Revenue, acting individually or jointly,
15 are hereby authorized to file and maintain action in the
16 courts of this state against any county agency to require it
17 to remit any retirement or social security matching payments
18 due account B of the Intangible Tax Trust Fund under the
19 provisions of this law.
20 Section 17. Section 122.351, Florida Statutes, is
21 repealed.
22 Section 18. Paragraph (d) of subsection (6) of section
23 212.20, Florida Statutes, as amended by section 92 of chapter
24 2003-402, Laws of Florida, is amended to read:
25 212.20 Funds collected, disposition; additional powers
26 of department; operational expense; refund of taxes
27 adjudicated unconstitutionally collected.--
28 (6) Distribution of all proceeds under this chapter
29 and s. 202.18(1)(b) and (2)(b) shall be as follows:
30
31
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1 (d) The proceeds of all other taxes and fees imposed
2 pursuant to this chapter or remitted pursuant to s.
3 202.18(1)(b) and (2)(b) shall be distributed as follows:
4 1. In any fiscal year, the greater of $500 million,
5 minus an amount equal to 4.6 percent of the proceeds of the
6 taxes collected pursuant to chapter 201, or 5 percent of all
7 other taxes and fees imposed pursuant to this chapter or
8 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
9 deposited in monthly installments into the General Revenue
10 Fund.
11 2. Two-tenths of one percent shall be transferred to
12 the Ecosystem Management and Restoration Trust Fund to be used
13 for water quality improvement and water restoration projects.
14 3. After the distribution under subparagraphs 1. and
15 2., 8.814 percent of the amount remitted by a sales tax dealer
16 located within a participating county pursuant to s. 218.61
17 shall be transferred into the Local Government Half-cent Sales
18 Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
19 be transferred pursuant to this subparagraph to the Local
20 Government Half-cent Sales Tax Clearing Trust Fund shall be
21 reduced by 0.1 percent, and the department shall distribute
22 this amount to the Public Employees Relations Commission Trust
23 Fund less $5,000 each month, which shall be added to the
24 amount calculated in subparagraph 4. and distributed
25 accordingly.
26 4. After the distribution under subparagraphs 1., 2.,
27 and 3., 0.095 percent shall be transferred to the Local
28 Government Half-cent Sales Tax Clearing Trust Fund and
29 distributed pursuant to s. 218.65.
30 5. After the distributions under subparagraphs 1., 2.,
31 3., and 4., 2.0440 percent of the available proceeds pursuant
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1 to this paragraph shall be transferred monthly to the Revenue
2 Sharing Trust Fund for Counties pursuant to s. 218.215.
3 6. After the distributions under subparagraphs 1., 2.,
4 3., and 4., 1.3409 percent of the available proceeds pursuant
5 to this paragraph shall be transferred monthly to the Revenue
6 Sharing Trust Fund for Municipalities pursuant to s. 218.215.
7 If the total revenue to be distributed pursuant to this
8 subparagraph is at least as great as the amount due from the
9 Revenue Sharing Trust Fund for Municipalities and the former
10 Municipal Financial Assistance Trust Fund in state fiscal year
11 1999-2000, no municipality shall receive less than the amount
12 due from the Revenue Sharing Trust Fund for Municipalities and
13 the former Municipal Financial Assistance Trust Fund in state
14 fiscal year 1999-2000. If the total proceeds to be distributed
15 are less than the amount received in combination from the
16 Revenue Sharing Trust Fund for Municipalities and the former
17 Municipal Financial Assistance Trust Fund in state fiscal year
18 1999-2000, each municipality shall receive an amount
19 proportionate to the amount it was due in state fiscal year
20 1999-2000.
21 7. Of the remaining proceeds:
22 a. In each fiscal year, the sum of $29,915,500 shall
23 be divided into as many equal parts as there are counties in
24 the state, and one part shall be distributed to each county.
25 The distribution among the several counties shall begin each
26 fiscal year on or before January 5th and shall continue
27 monthly for a total of 4 months. If a local or special law
28 required that any moneys accruing to a county in fiscal year
29 1999-2000 under the then-existing provisions of s. 550.135 be
30 paid directly to the district school board, special district,
31 or a municipal government, such payment shall continue until
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1 such time that the local or special law is amended or
2 repealed. The state covenants with holders of bonds or other
3 instruments of indebtedness issued by local governments,
4 special districts, or district school boards prior to July 1,
5 2000, that it is not the intent of this subparagraph to
6 adversely affect the rights of those holders or relieve local
7 governments, special districts, or district school boards of
8 the duty to meet their obligations as a result of previous
9 pledges or assignments or trusts entered into which obligated
10 funds received from the distribution to county governments
11 under then-existing s. 550.135. This distribution specifically
12 is in lieu of funds distributed under s. 550.135 prior to July
13 1, 2000.
14 b. The department shall distribute $166,667 monthly
15 pursuant to s. 288.1162 to each applicant that has been
16 certified as a "facility for a new professional sports
17 franchise" or a "facility for a retained professional sports
18 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
19 distributed monthly by the department to each applicant that
20 has been certified as a "facility for a retained spring
21 training franchise" pursuant to s. 288.1162; however, not more
22 than $208,335 may be distributed monthly in the aggregate to
23 all certified facilities for a retained spring training
24 franchise. Distributions shall begin 60 days following such
25 certification and shall continue for not more than 30 years.
26 Nothing contained in this paragraph shall be construed to
27 allow an applicant certified pursuant to s. 288.1162 to
28 receive more in distributions than actually expended by the
29 applicant for the public purposes provided for in s.
30 288.1162(6). However, a certified applicant is entitled to
31 receive distributions up to the maximum amount allowable and
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1 undistributed under this section for additional renovations
2 and improvements to the facility for the franchise without
3 additional certification.
4 c. Beginning 30 days after notice by the Office of
5 Tourism, Trade, and Economic Development to the Department of
6 Revenue that an applicant has been certified as the
7 professional golf hall of fame pursuant to s. 288.1168 and is
8 open to the public, $166,667 shall be distributed monthly, for
9 up to 300 months, to the applicant.
10 d. Beginning 30 days after notice by the Office of
11 Tourism, Trade, and Economic Development to the Department of
12 Revenue that the applicant has been certified as the
13 International Game Fish Association World Center facility
14 pursuant to s. 288.1169, and the facility is open to the
15 public, $83,333 shall be distributed monthly, for up to 168
16 months, to the applicant. This distribution is subject to
17 reduction pursuant to s. 288.1169. A lump sum payment of
18 $999,996 shall be made, after certification and before July 1,
19 2000.
20 8. All other proceeds shall remain with the General
21 Revenue Fund.
22 Section 19. Section 213.31, Florida Statutes, is
23 repealed.
24 Section 20. Paragraphs (k), (o), and (x) of subsection
25 (4) of section 215.20, Florida Statutes, are amended to read:
26 215.20 Certain income and certain trust funds to
27 contribute to the General Revenue Fund.--
28 (4) The income of a revenue nature deposited in the
29 following described trust funds, by whatever name designated,
30 is that from which the appropriations authorized by subsection
31 (3) shall be made:
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1 (k) Within the Department of Financial Services:
2 1. The Agents and Solicitors County Tax Trust Fund.
3 2. The Insurance Regulatory Trust Fund.
4 3. The Special Disability Trust Fund.
5 4. The Workers' Compensation Administration Trust
6 Fund.
7 (o) Within the Department of Management Services:
8 1. The Administrative Trust Fund.
9 2. The Architects Incidental Trust Fund.
10 3. The Bureau of Aircraft Trust Fund.
11 4. The Florida Facilities Pool Working Capital Trust
12 Fund.
13 5. The Grants and Donations Trust Fund.
14 6. The Motor Vehicle Operating Trust Fund.
15 6.7. The Police and Firefighters' Premium Tax Trust
16 Fund.
17 7.8. The Public Employees Relations Commission Trust
18 Fund.
19 8.9. The State Personnel System Trust Fund.
20 9.10. The Supervision Trust Fund.
21 10.11. The Working Capital Trust Fund.
22 (x) Within the Office of Financial Regulation of the
23 Financial Services Commission:
24 1. The Administrative Trust Fund.
25 2. The Anti-Fraud Trust Fund.
26 3. The Financial Institutions' Regulatory Trust Fund.
27 4. The Mortgage Brokerage Guaranty Fund.
28 4.5. The Regulatory Trust Fund.
29
30 The enumeration of the foregoing moneys or trust funds shall
31 not prohibit the applicability thereto of s. 215.24 should the
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1 Governor determine that for the reasons mentioned in s. 215.24
2 the money or trust funds should be exempt herefrom, as it is
3 the purpose of this law to exempt income from its force and
4 effect when, by the operation of this law, federal matching
5 funds or contributions or private grants to any trust fund
6 would be lost to the state.
7 Section 21. Paragraph (b) of subsection (2) of section
8 215.32, Florida Statutes, is amended to read:
9 215.32 State funds; segregation.--
10 (2) The source and use of each of these funds shall be
11 as follows:
12 (b)1. The trust funds shall consist of moneys received
13 by the state which under law or under trust agreement are
14 segregated for a purpose authorized by law. The state agency
15 or branch of state government receiving or collecting such
16 moneys shall be responsible for their proper expenditure as
17 provided by law. Upon the request of the state agency or
18 branch of state government responsible for the administration
19 of the trust fund, the Chief Financial Officer may establish
20 accounts within the trust fund at a level considered necessary
21 for proper accountability. Once an account is established
22 within a trust fund, the Chief Financial Officer may authorize
23 payment from that account only upon determining that there is
24 sufficient cash and releases at the level of the account.
25 2. In addition to other trust funds created by law, to
26 the extent possible, each agency shall use the following trust
27 funds as described in this subparagraph for day-to-day
28 operations:
29 a. Operations or operating trust fund, for use as a
30 depository for funds to be used for program operations funded
31 by program revenues, with the exception of administrative
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1 activities when the operations or operating trust fund is a
2 proprietary fund.
3 b. Operations and maintenance trust fund, for use as a
4 depository for client services funded by third-party payors.
5 c. Administrative trust fund, for use as a depository
6 for funds to be used for management activities that are
7 departmental in nature and funded by indirect cost earnings
8 and assessments against trust funds. Proprietary funds are
9 excluded from the requirement of using an administrative trust
10 fund.
11 d. Grants and donations trust fund, for use as a
12 depository for funds to be used for allowable grant or donor
13 agreement activities funded by restricted contractual revenue
14 from private and public nonfederal sources.
15 e. Agency working capital trust fund, for use as a
16 depository for funds to be used pursuant to s. 216.272.
17 f. Clearing funds trust fund, for use as a depository
18 for funds to account for collections pending distribution to
19 lawful recipients.
20 g. Federal grant trust fund, for use as a depository
21 for funds to be used for allowable grant activities funded by
22 restricted program revenues from federal sources.
23
24 To the extent possible, each agency must adjust its internal
25 accounting to use existing trust funds consistent with the
26 requirements of this subparagraph. If an agency does not have
27 trust funds listed in this subparagraph and cannot make such
28 adjustment, the agency must recommend the creation of the
29 necessary trust funds to the Legislature no later than the
30 next scheduled review of the agency's trust funds pursuant to
31 s. 215.3206.
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1 2. In order to maintain a minimum number of trust
2 funds in the State Treasury, each state agency or the judicial
3 branch may consolidate, if permitted under the terms and
4 conditions of their receipt, the trust funds administered by
5 it; provided, however, the agency or judicial branch employs
6 effectively a uniform system of accounts sufficient to
7 preserve the integrity of such trust funds; and provided,
8 further, that consolidation of trust funds is approved by the
9 Governor or the Chief Justice.
10 3. All such moneys are hereby appropriated to be
11 expended in accordance with the law or trust agreement under
12 which they were received, subject always to the provisions of
13 chapter 216 relating to the appropriation of funds and to the
14 applicable laws relating to the deposit or expenditure of
15 moneys in the State Treasury.
16 4.a. Notwithstanding any provision of law restricting
17 the use of trust funds to specific purposes, unappropriated
18 cash balances from selected trust funds may be authorized by
19 the Legislature for transfer to the Budget Stabilization Fund
20 and Working Capital Fund in the General Appropriations Act.
21 b. This subparagraph does not apply to trust funds
22 required by federal programs or mandates; trust funds
23 established for bond covenants, indentures, or resolutions
24 whose revenues are legally pledged by the state or public body
25 to meet debt service or other financial requirements of any
26 debt obligations of the state or any public body; the State
27 Transportation Trust Fund; the trust fund containing the net
28 annual proceeds from the Florida Education Lotteries; the
29 Florida Retirement System Trust Fund; trust funds under the
30 management of the Board of Regents, where such trust funds are
31 for auxiliary enterprises, self-insurance, and contracts,
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1 grants, and donations, as those terms are defined by general
2 law; trust funds that serve as clearing funds or accounts for
3 the Chief Financial Officer or state agencies; trust funds
4 that account for assets held by the state in a trustee
5 capacity as an agent or fiduciary for individuals, private
6 organizations, or other governmental units; and other trust
7 funds authorized by the State Constitution.
8 Section 22. Subsections (12), (13), (14), (15), and
9 (16) of section 253.03, Florida Statutes, are amended to read:
10 253.03 Board of trustees to administer state lands;
11 lands enumerated.--
12 (12) There is hereby established within the Department
13 of Environmental Protection the Forfeited Property Trust Fund,
14 to be used as a nonlapsing revolving fund exclusively for the
15 purposes of subsection(13).
16 (12)(13) The Board of Trustees of the Internal
17 Improvement Trust Fund is hereby authorized to administer,
18 manage, control, conserve, protect, and sell all real property
19 forfeited to the state pursuant to ss. 895.01-895.09 or
20 acquired by the state pursuant to s. 607.0505 or s. 620.192.
21 The board is directed to immediately determine the value of
22 all such property and shall ascertain whether the property is
23 in any way encumbered. If the board determines that it is in
24 the best interest of the state to do so, funds from the
25 Internal Improvement Forfeited Property Trust Fund may be used
26 to satisfy any such encumbrances. If forfeited property
27 receipts are not the Forfeited Property Trust Fund does not
28 contain a balance sufficient to satisfy encumbrances on the
29 property and expenses permitted under this section, funds from
30 the Land Acquisition Trust Fund may be used to satisfy any
31 such encumbrances and expenses. All property acquired by the
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1 board pursuant to s. 607.0505, s. 620.192, or ss.
2 895.01-895.09 shall be sold as soon as commercially feasible
3 unless the Attorney General recommends and the board
4 determines that retention of the property in public ownership
5 would effectuate one or more of the following policies of
6 statewide significance: protection or enhancement of
7 floodplains, marshes, estuaries, lakes, rivers, wilderness
8 areas, wildlife areas, wildlife habitat, or other
9 environmentally sensitive natural areas or ecosystems; or
10 preservation of significant archaeological or historical sites
11 identified by the Secretary of State. In such event the
12 property shall remain in the ownership of the board, to be
13 controlled, managed, and disposed of in accordance with this
14 chapter, and the Internal Improvement Forfeited Property Trust
15 Fund shall be reimbursed from the Land Acquisition Trust Fund,
16 or other appropriate fund designated by the board, for any
17 funds expended from the Internal Improvement Forfeited
18 Property Trust Fund pursuant to this subsection in regard to
19 such property. Upon the recommendation of the Attorney
20 General, the board may reimburse the investigative agency for
21 its investigative expenses, costs, and attorneys' fees, and
22 may reimburse law enforcement agencies for actual expenses
23 incurred in conducting investigations leading to the
24 forfeiture of such property from funds deposited in the
25 Internal Improvement Forfeited Property Trust Fund of the
26 Department of Environmental Protection. The proceeds of the
27 sale of property acquired under s. 607.0505, s. 620.192, or
28 ss. 895.01-895.09 shall be distributed as follows:
29 (a) After satisfaction of any valid claims arising
30 under the provisions of s. 895.09(1)(a) or (b), any moneys
31 used to satisfy encumbrances and expended as costs of
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1 administration, appraisal, management, conservation,
2 protection, sale, and real estate sales services and any
3 interest earnings lost to the Land Acquisition Trust Fund as
4 of a date certified by the Department of Environmental
5 Protection shall be replaced first in the Land Acquisition
6 Trust Fund, if those funds were used, and then in the Internal
7 Improvement Forfeited Property Trust Fund; and
8 (b) The remainder shall be distributed as set forth in
9 s. 895.09.
10 (13)(14) For applications not reviewed pursuant to s.
11 373.427, the department must review applications for the use
12 of state-owned submerged lands, including a purchase, lease,
13 easement, disclaimer, or other consent to use such lands and
14 must request submittal of all additional information necessary
15 to process the application. Within 30 days after receipt of
16 the additional information, the department must review the
17 information submitted and may request only that information
18 needed to clarify the additional information, to process the
19 appropriate form of approval indicated by the additional
20 information, or to answer those questions raised by, or
21 directly related to, the additional information. An
22 application for the authority to use state-owned submerged
23 land must be approved, denied, or submitted to the board of
24 trustees for approval or denial within 90 days after receipt
25 of the original application or the last item of timely
26 requested additional information. This time is tolled by any
27 notice requirements of s. 253.115 or any hearing held under
28 ss. 120.569 and 120.57. If the review of the application is
29 not completed within the 90-day period, the department must
30 report quarterly to the board the reasons for the failure to
31 complete the report and provide an estimated date by which the
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1 application will be approved or denied. Failure to comply with
2 these time periods shall not result in approval by default.
3 (14)(15) Where necessary to establish a price for the
4 sale or other disposition of state lands, including leases or
5 easements, the Division of State Lands may utilize appropriate
6 appraiser selection and contracting procedures established
7 under s. 253.025. The board of trustees may adopt rules to
8 implement this subsection.
9 (15)(16) The Board of Trustees of the Internal
10 Improvement Trust Fund, and the state through its agencies,
11 may not control, regulate, permit, or charge for any severed
12 materials which are removed from the area adjacent to an
13 intake or discharge structure pursuant to an exemption
14 authorized in s. 403.813(2)(f) and (r).
15 Section 23. Subsections (6) and (7) of section
16 287.064, Florida Statutes, as amended by section 10 of chapter
17 2003-399, Laws of Florida, are amended to read:
18 287.064 Consolidated financing of deferred-payment
19 purchases.--
20 (6) There is created the Consolidated Payment Trust
21 Fund in the Chief Financial Officer's office for the purpose
22 of implementing the provisions of this act. All funds debited
23 from each agency and each community college pursuant to the
24 provisions of this section may be deposited in the trust fund
25 and shall be used to meet the financial obligations incurred
26 pursuant to this act. Any income from the investment of funds
27 may be used to fund administrative costs associated with this
28 program.
29 (7) The Chief Financial Officer may borrow sufficient
30 amounts from trust funds to pay issuance expenses for the
31 purposes of administering this section. Such amounts shall be
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1 subject to approval of the Executive Office of the Governor
2 and subject to the notice, review, and objection procedures of
3 s. 216.177. The amounts approved pursuant to this subsection
4 are hereby appropriated for transfer to the Consolidated
5 Payment Trust Fund and appropriated from the Consolidated
6 Payment Trust Fund to pay issuance expenses. Amounts loaned
7 shall be repaid as soon as practicable not to exceed the
8 length of time obligations are issued to establish the master
9 equipment financing agreement.
10 Section 24. Section 440.501, Florida Statutes, is
11 repealed.
12 Section 25. Section 450.155, Florida Statutes, is
13 amended to read:
14 450.155 Funding of the Child Labor Law program Trust
15 Fund.--
16 (1) There is created in the State Treasury an account
17 to be known as the Child Labor Law program Trust Fund. Subject
18 to such appropriations made by as the Legislature shall be
19 used may make therefor from time to time, disbursements from
20 this account may be made by the division, subject to the
21 approval of the department, in order to carry out the proper
22 responsibilities of administering the Child Labor Law, to
23 protect the working youth of the state, and to provide
24 education about the Child Labor Law to employers, public
25 school employees, the general public, and working youth. The
26 Child Labor Law Trust Fund and the moneys deposited therein
27 shall be under the direct supervision and control of the
28 department, and such moneys may be disbursed by the Chief
29 Financial Officer from time to time as determined by the
30 department.
31
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1 (2) Moneys for the administration of the child labor
2 program shall be transferred to the Professional Regulation
3 Trust Fund from the Workers' Compensation Administration Trust
4 Fund of the Department of Financial Services pursuant to
5 nonoperating transfers. Notwithstanding the provisions of s.
6 216.292, the Child Labor Law Trust Fund shall not be available
7 for transfer for any purposes other than those provided for in
8 this section.
9 Section 26. Section 450.165, Florida Statutes, is
10 created to read:
11 450.165 Child labor law and farm labor accounts.--The
12 department shall maintain separate accounts in the
13 Professional Regulation Trust Fund for child labor law
14 enforcement and administration activities and for farm labor
15 registration activities. The department shall account for the
16 expenditure of moneys received from the Workers' Compensation
17 Administration Trust Fund of the Department of Financial
18 Services. To the maximum extent possible, the department shall
19 directly charge all expenses to the appropriate account.
20 Section 27. Subsection (7) of section 450.30, Florida
21 Statutes, is amended to read:
22 450.30 Requirement of certificate of registration;
23 education and examination program.--
24 (7) The department shall charge each applicant a $35
25 fee for the education and examination program. Such fees shall
26 be deposited in the Professional Regulation Crew Chief
27 Registration Trust Fund.
28 Section 28. Paragraph (c) of subsection (1) of section
29 450.31, Florida Statutes, is amended to read:
30 450.31 Issuance, revocation, and suspension of, and
31 refusal to issue or renew, certificate of registration.--
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1 (1) The department shall not issue to any person a
2 certificate of registration as a farm labor contractor, nor
3 shall it renew such certificate, until:
4 (c) Such person pays to the department, in cash,
5 certified check, or money order, a nonrefundable application
6 fee of $75. Fees collected by the department under this
7 subsection shall be deposited in the State Treasury into the
8 Professional Regulation Crew Chief Registration Trust Fund,
9 which is hereby created, and shall be utilized for
10 administration of this part.
11 Section 29. Section 494.0017, Florida Statutes, is
12 amended to read:
13 494.0017 Regulatory Trust Mortgage Brokerage Guaranty
14 Fund.--
15 (1) The office shall make transfers from the
16 Regulatory Trust Fund to the Mortgage Brokerage Guaranty Fund
17 to pay valid claims arising under former ss. 494.042, 494.043,
18 and 494.044, as provided in former s. 494.00171 from the
19 Regulatory Trust Fund.
20 (2) Any money paid to the Mortgage Brokerage Guaranty
21 Fund in excess of any liability to claimants against the
22 Mortgage Brokerage Guaranty Fund shall be transferred to the
23 Regulatory Trust Fund.
24 (2)(3) Funds from the Regulatory Trust The Mortgage
25 Brokerage Guaranty Fund shall be disbursed as provided in
26 former s. 494.044, upon approval by the office, to any party
27 to a mortgage financing transaction who:
28 (a) Is adjudged by a court of competent jurisdiction
29 of this state to have suffered monetary damages as a result of
30 any violation of chapter 494 in effect prior to October 1,
31 1991, committed by a licensee or registrant;
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1 (b) Has filed a claim for recovery prior to January 1,
2 1992; and
3 (c) Has suffered monetary damages as a result of an
4 act occurring prior to October 1, 1991.
5 (3)(4) Notwithstanding s. 215.965, the office may
6 disburse funds to a court or court-appointed person for
7 distribution, if the conditions precedent for recovery exist
8 and the distribution would be the fairest and most equitable
9 manner of distributing the funds.
10 Section 30. Paragraph (d) of subsection (2) of section
11 494.0041, Florida Statutes, is amended to read:
12 494.0041 Administrative penalties and fines; license
13 violations.--
14 (2) Each of the following acts constitutes a ground
15 for which the disciplinary actions specified in subsection (1)
16 may be taken:
17 (d) Disbursement, or an act which has caused or will
18 cause disbursement, to any person in any amount from the
19 Regulatory Trust Mortgage Brokerage Guaranty Fund, the
20 Securities Guaranty Fund, or the Florida Real Estate Recovery
21 Fund, regardless of any repayment or restitution to the
22 disbursed fund by the licensee or any person acting on behalf
23 of the licensee or registrant.
24 Section 31. Paragraph (d) of subsection (2) of section
25 494.0072, Florida Statutes, is amended to read:
26 494.0072 Administrative penalties and fines; license
27 violations.--
28 (2) Each of the following acts constitutes a ground
29 for which the disciplinary actions specified in subsection (1)
30 may be taken:
31
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1 (d) Disbursement, or an act which has caused or will
2 cause disbursement, to any person in any amount from the
3 Regulatory Trust Mortgage Brokerage Guaranty Fund, the
4 Securities Guaranty Fund, or the Florida Real Estate Recovery
5 Fund, regardless of any repayment or restitution to the
6 disbursed fund by the licensee or any person acting on behalf
7 of the licensee.
8 Section 32. Subsection (1) of section 501.2101,
9 Florida Statutes, is amended to read:
10 501.2101 Enforcing authorities; moneys received in
11 certain proceedings.--
12 (1) Any moneys received by an enforcing authority for
13 attorney's fees and costs of investigation or litigation in
14 proceedings brought under the provisions of s. 501.207, s.
15 501.208, or s. 501.211 shall be deposited as received in the
16 Legal Affairs Revolving Trust Fund if the action is brought by
17 the Department of Legal Affairs, and in the Consumer Frauds
18 Trust Fund of the Justice Administrative Commission if the
19 action is brought by a state attorney in the State Treasury.
20 Section 33. Section 569.205, Florida Statutes, as
21 amended by section 734 of chapter 2003-261, Laws of Florida,
22 is repealed.
23 Section 34. Subsections (1) and (2) of section 650.04,
24 Florida Statutes, are amended to read:
25 650.04 Contributions by state employees.--
26 (1) Every employee of the state whose services are
27 covered by an agreement entered into under s. 650.03 shall be
28 required to pay for the period of such coverage, into the
29 Social Security Contribution Trust Fund established by s.
30 650.06, contributions, with respect to wages as defined in s.
31 650.02, equal to the amount of the employee tax which would be
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1 imposed by the Federal Insurance Contributions Act if such
2 services constituted employment within the meaning of that
3 act. Such liability shall arise in consideration of the
4 employee's retention in the service of the state, or the
5 employee's entry upon such service, after the enactment of
6 this chapter.
7 (2) The contribution imposed by this section shall be
8 collected by deducting the amount of the contribution from
9 wages as and when paid, but failure to make such deduction
10 shall not relieve the employee from liability for such
11 contribution. Effective January 1987, such contributions shall
12 be submitted to the Internal Revenue Service as directed by
13 the Social Security Administration.
14 Section 35. Section 650.05, Florida Statutes, is
15 amended to read:
16 650.05 Plans for coverage of employees of political
17 subdivisions.--
18 (1) Each political subdivision of the state is hereby
19 authorized to submit for approval by the state agency a plan
20 for extending the benefits of Title II of the Social Security
21 Act, in conformity with the applicable provisions of such act,
22 to employees of such political subdivisions. Each such plan
23 and any amendment thereof shall be approved by the state
24 agency if it is found that such plan, or such plan as amended,
25 is in conformity with such requirements as are provided in
26 regulations of the state agency, except that no such plan
27 shall be approved unless:
28 (a) It is in conformity with the requirements of the
29 Social Security Act and with the agreement entered into under
30 s. 650.03;
31
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1 (b) It provides that all services which constitute
2 employment as defined in s. 650.02 are performed in the employ
3 of the political subdivisions by employees thereof, shall be
4 covered by the plan, except such of those services set forth
5 in s. 650.02(2)(c) as the political subdivision specifically
6 elects to exclude;
7 (c) It specifies the source or sources from which the
8 funds necessary to make the payments required by paragraph
9 (3)(a) and by subsection(4) are expected to be derived and
10 contains reasonable assurance that such sources will be
11 adequate for such purpose;
12 (d) It provides for such methods of administration of
13 the plan by the political subdivision as are found by the
14 state agency to be necessary for the proper and efficient
15 administration of the plan;
16 (e) It provides that the political subdivision will
17 make such reports, in such form and containing such
18 information, as the state agency may from time to time
19 require, and comply with such provisions as the state agency
20 or the Secretary of Health, Education, and Welfare may from
21 time to time find necessary to assure the correctness and
22 verification of such reports; and
23 (f) It authorizes the state agency to terminate the
24 plan in its entirety, in the discretion of the state agency,
25 if it finds that there has been a failure to comply
26 substantially with any provisions contained in such plan, such
27 termination to take effect at the expiration of such notice
28 and on such conditions as may be provided by regulations of
29 the state agency and may be consistent with the provisions of
30 the Social Security Act.
31
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1 (2) The state agency shall not finally refuse to
2 approve a plan submitted by a political subdivision under
3 subsection (1), and shall not terminate an approved plan,
4 without reasonable notice and opportunity for hearing to the
5 political subdivision affected thereby. Any final decision of
6 the state agency shall be subject to proper judicial review.
7 (3)(a) Each political subdivision as to which a plan
8 has been approved under this section shall pay to the Internal
9 Revenue Service into the Social Security Contribution Trust
10 Fund, with respect to wages (as defined in s. 650.02), at such
11 time or times as the Social Security Administration state
12 agency may by regulation prescribe, contributions in the
13 amounts and at the rates specified in the applicable agreement
14 entered into by the state agency under s. 650.03.
15 (b) Each political subdivision required to make
16 payments under paragraph(a) is authorized, in consideration of
17 the employee's retention in, or entry upon, employment after
18 enactment of this chapter, to impose upon each of its
19 employees, as to services which are covered by an approved
20 plan, a contribution with respect to his or her wages as
21 defined in s. 650.02 not exceeding the amount of the employee
22 tax which would be imposed by the Federal Insurance
23 Contributions Act if such services constituted employment
24 within the meaning of that act, and to deduct the amount of
25 such contribution from his or her wages as and when
26 paid. Contributions so collected shall be paid to the
27 Internal Revenue Service into the Social Security Contribution
28 Trust Fund in partial discharge of the liability of such
29 political subdivision or instrumentality under paragraph
30 (a). Failure to deduct such contribution shall not relieve
31 the employee or employer of liability therefor.
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1 (4) Delinquent payments due under paragraph (3)(a)
2 may, with interest of 1 percent for each calendar month or
3 part thereof past the due date, be recovered by action in a
4 court of competent jurisdiction against the political
5 subdivision liable therefor or shall, at the request of the
6 state agency, be deducted from any other moneys payable to
7 such subdivision by any department or agency of the state.
8 (5) Each political subdivision as to which a plan has
9 been approved shall be liable to the state agency for a
10 proportionate part of the cost of administering this
11 chapter. Such proportionate cost shall be computed and paid
12 in accordance with such regulations relating thereto as may be
13 adopted by the state agency and shall be deposited in the
14 Social Security Administration Trust Fund; and, if any such
15 payment is not made when due, the amount thereof, with
16 interest of 0.5 percent for each calendar month or part
17 thereof past the due date, shall, upon request of the state
18 agency, be deducted from any other moneys payable to such
19 political subdivision by any officer, department, or agency of
20 the state, and forthwith paid to the state
21 agency. Withdrawals from the Social Security Administration
22 Trust Fund shall be made solely for the payment of costs of
23 administering this chapter, and any balance in excess of the
24 amount necessary for administering this chapter shall be
25 transferred to the state retirement system trust funds
26 established pursuant to chapter 121 to make up the actuarial
27 deficit in any of the state retirement systems consolidated
28 thereunder, and the necessary amounts are hereby appropriated
29 from said funds for these purposes.
30 (4)(6)(a) Notwithstanding any other provision of this
31 chapter, effective January 1, 1972, all state political
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1 subdivisions receiving financial aid that provide social
2 security coverage for their employees pursuant to the
3 provisions of this chapter and the provisions of the various
4 retirement systems as authorized by law shall, in addition to
5 other purposes, utilize all grants-in-aid and other revenue
6 received from the state to pay the employer's share of social
7 security cost.
8 (b) The grants-in-aid and other revenue referred to in
9 paragraph (a) specifically include, but are not limited to,
10 minimum foundation program grants to public school districts
11 and community colleges; gasoline, motor fuel, intangible,
12 cigarette, racing, and insurance premium taxes distributed to
13 political subdivisions; and amounts specifically appropriated
14 as grants-in-aid for mental health, mental retardation, and
15 mosquito control programs.
16 Section 36. Section 650.06, Florida Statutes, as
17 amended by section 1661 of chapter 2003-261, Laws of Florida,
18 is repealed.
19 Section 37. Paragraph (c) of subsection (1) and
20 paragraphs (a) and (e) of subsection (2) of section 895.09,
21 Florida Statutes, are amended to read:
22 895.09 Disposition of funds obtained through
23 forfeiture proceedings.--
24 (1) A court entering a judgment of forfeiture in a
25 proceeding brought pursuant to s. 895.05 shall retain
26 jurisdiction to direct the distribution of any cash or of any
27 cash proceeds realized from the forfeiture and disposition of
28 the property. The court shall direct the distribution of the
29 funds in the following order of priority:
30 (c) Any claim by the Board of Trustees of the Internal
31 Improvement Trust Fund on behalf of the Internal Improvement
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1 Forfeited Property Trust Fund or the Land Acquisition Trust
2 Fund pursuant to s. 253.03(13), not including administrative
3 costs of the Department of Environmental Protection previously
4 paid directly from the Internal Improvement Forfeited Property
5 Trust Fund in accordance with legislative appropriation.
6 (2)(a) Following satisfaction of all valid claims
7 under subsection (1), 25 percent of the remainder of the funds
8 obtained in the forfeiture proceedings pursuant to s. 895.05
9 shall be deposited as provided in paragraph (b) into the
10 appropriate trust fund of the Department of Legal Affairs or
11 state attorney's office which filed the civil forfeiture
12 action; 25 percent shall be deposited as provided in paragraph
13 (c) into the applicable law enforcement trust fund of the
14 investigating law enforcement agency conducting the
15 investigation which resulted in or significantly contributed
16 to the forfeiture of the property; 25 percent shall be
17 deposited as provided in paragraph (d) in the Substance Abuse
18 Trust Fund of the Department of Children and Family Services;
19 and the remaining 25 percent shall be deposited in the
20 Internal Improvement Forfeited Property Trust Fund of the
21 Department of Environmental Protection. When a forfeiture
22 action is filed by the Department of Legal Affairs or a state
23 attorney, the court entering the judgment of forfeiture shall,
24 taking into account the overall effort and contribution to the
25 investigation and forfeiture action by the agencies that filed
26 the action, make a pro rata apportionment among such agencies
27 of the funds available for distribution to the agencies filing
28 the action as provided in this section. If multiple
29 investigating law enforcement agencies have contributed to the
30 forfeiture of the property, the court which entered the
31 judgment of forfeiture shall, taking into account the overall
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1 effort and contribution of the agencies to the investigation
2 and forfeiture action, make a pro rata apportionment among
3 such investigating law enforcement agencies of the funds
4 available for distribution to the investigating agencies as
5 provided in this section.
6 (e) On a quarterly basis, any excess funds from
7 forfeited property receipts, including interest, over $1
8 million deposited in the Internal Improvement Forfeited
9 Property Trust Fund of the Department of Environmental
10 Protection in accordance with paragraph (a) shall be deposited
11 in the Substance Abuse Trust Fund of the Department of
12 Children and Family Services.
13 Section 38. Paragraph (b) of subsection (5) of section
14 932.7055, Florida Statutes, is amended to read:
15 932.7055 Disposition of liens and forfeited
16 property.--
17 (5) If the seizing agency is a state agency, all
18 remaining proceeds shall be deposited into the General Revenue
19 Fund. However, if the seizing agency is:
20 (b) The Department of Environmental Protection, the
21 proceeds accrued pursuant to the provisions of the Florida
22 Contraband Forfeiture Act shall be deposited into the Internal
23 Improvement Forfeited Property Trust Fund or into the
24 department's Federal Law Enforcement Trust Fund as provided in
25 s. 20.2553, as applicable.
26 Section 39. This act shall take effect July 1, 2004.
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29
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