HB 5043

1
A bill to be entitled
2An act relating to trust funds; terminating certain
3specified trust funds within the Department of Agriculture
4and Consumer Services and transferring the funds to other
5trust funds in the department; renaming trust funds within
6the Department of Agriculture and Consumer Services, the
7Department of the Lottery, and the Division of
8Administrative Hearings of the Department of Management
9Services; transferring certain accounts within the Grants
10and Donations Trust Fund of the Department of Management
11Services to the Operating Trust Fund of the Department of
12Management Services; amending ss. 215.20, 550.2625,
13550.2633, 570.382, 215.22, 589.277, 24.114, 24.120,
1424.121, 403.518, 403.5365, 403.9421, 552.40, 282.22,
15287.042, 287.057, and 287.1345, F.S.; conforming
16provisions to changes made by the act; reenacting s.
17550.0351(4), F.S., relating to charity racing days, to
18incorporate the amendments made to s. 550.2625, F.S., in a
19reference thereto; reenacting ss. 43.16(1) and 570.07(41),
20F.S., relating to exempting the Justice Administrative
21Commission from certain fees and authorizing the use of
22the on-line procurement system of the Department of
23Agriculture and Consumer Services, respectively, to
24incorporate the amendments made to s. 287.057, F.S., in
25references thereto; providing effective dates.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  (1)  The following trust funds within the
30Department of Agriculture and Consumer Services are terminated:
31     (a)  The Florida Quarter Horse Racing Promotion Trust Fund,
32FLAIR number 42-2-564. All current balances remaining in the
33Florida Quarter Horse Racing Promotion Trust Fund, FLAIR number
3442-2-564, and all revenues of the fund shall be transferred to
35the General Inspection Trust Fund within the Department of
36Agriculture and Consumer Services, FLAIR number 42-2-321.
37     (b)  The Florida Preservation 2000 Trust Fund, FLAIR number
3842-2-332. All current balances remaining in the Florida
39Preservation 2000 Trust Fund, FLAIR number 42-2-332, and all
40revenues of the fund shall be transferred to the Florida Forever
41Program Trust Fund within the Department of Agriculture and
42Consumer Services, FLAIR number 42-2-349.
43     (2)  The Department of Agriculture and Consumer Services
44shall pay any outstanding debts and obligations of the
45terminated funds as soon as practicable, and the Chief Financial
46Officer shall close out and remove the terminated funds from
47various state accounting systems using generally accepted
48accounting principles concerning warrants outstanding, assets,
49and liabilities.
50     Section 2.  Effective July 1, 2007, the following trust
51funds in the following agencies are renamed:
52     (1)  The Contracts and Grants Trust Fund, FLAIR number 42-
532-133, within the Department of Agriculture and Consumer
54Services is renamed the Federal Grants Trust Fund.
55     (2)  The Administrative Trust Fund, FLAIR number 36-2-021,
56within the Department of the Lottery is renamed the Operating
57Trust Fund.
58     (3)  The Administrative Trust Fund, FLAIR number 7297-2-
59021, within the Division of Administrative Hearings of the
60Department of Management Services is renamed the Operating Trust
61Fund.
62     Section 3.  Effective July 1, 2007, the following accounts
63with the Grants and Donations Trust Fund, FLAIR number 72-2-339,
64within the Department of Management Services are transferred to
65the Operating Trust Fund, FLAIR number 72-2-510, within the
66Department of Management Services: 72-2-339045; 72-2-339069; 72-
672-339070; 72-2-339084; 72-2-339103; 72-2-339105; 72-2-339111;
68and 72-2-339130. The Department of Management Services shall
69adjust, under s. 215.32(2)(b), Florida Statutes, its internal
70accounting consistent with the requirements of this section and
71shall take any other budgetary action necessary to implement
72this section.
73     Section 4.  Paragraph (a) of subsection (2) and paragraph
74(c) of subsection (4) of section 215.20, Florida Statutes, are
75amended to read:
76     215.20  Certain income and certain trust funds to
77contribute to the General Revenue Fund.--
78     (2)  Notwithstanding the provisions of subsection (1):
79     (a)  The trust funds of the Department of Citrus and the
80Department of Agriculture and Consumer Services, including funds
81collected in the General Inspection Trust Fund for marketing
82orders and in the Florida Citrus Advertising Trust Fund, shall
83be subject to a 3-percent service charge, which is hereby
84appropriated to the General Revenue Fund. This paragraph does
85not apply to the Conservation and Recreation Lands Program Trust
86Fund, the Florida Quarter Horse Racing Promotion Trust Fund, the
87Citrus Inspection Trust Fund, the Florida Forever Program Trust
88Fund, the Florida Preservation 2000 Trust Fund, the Market
89Improvements Working Capital Trust Fund, the Pest Control Trust
90Fund, the Plant Industry Trust Fund, or other funds collected in
91the General Inspection Trust Fund in the Department of
92Agriculture and Consumer Services.
93     (4)  The income of a revenue nature deposited in the
94following described trust funds, by whatever name designated, is
95that from which the appropriations authorized by subsection (3)
96shall be made:
97     (c)  Within the Department of Agriculture and Consumer
98Services:
99     1.  The Conservation and Recreation Lands Program Trust
100Fund.
101     2.  The Florida Quarter Horse Racing Promotion Trust Fund.
102     2.3.  The General Inspection Trust Fund and subsidiary
103accounts thereof, unless a different percentage is authorized by
104s. 570.20.
105     3.4.  The Division of Licensing Trust Fund.
106
107The enumeration of the foregoing moneys or trust funds shall not
108prohibit the applicability thereto of s. 215.24 should the
109Governor determine that for the reasons mentioned in s. 215.24
110the money or trust funds should be exempt herefrom, as it is the
111purpose of this law to exempt income from its force and effect
112when, by the operation of this law, federal matching funds or
113contributions or private grants to any trust fund would be lost
114to the state.
115     Section 5.  Subsections (7) and (8) of section 550.2625,
116Florida Statutes, are amended to read:
117     550.2625  Horseracing; minimum purse requirement, Florida
118breeders' and owners' awards.--
119     (7)(a)  Each permitholder that conducts race meets under
120this chapter and runs Appaloosa races shall pay to the division
121a sum equal to the breaks plus a sum equal to 1 percent of the
122total contributions to each pari-mutuel pool conducted on each
123Appaloosa race. The Such payments shall be remitted to the
124division by the 5th day of each calendar month for sums accruing
125during the preceding calendar month.
126     (b)  The division shall deposit these collections to the
127credit of the General Inspection Florida Quarter Horse Racing
128Promotion Trust Fund in a special account to be known as the
129"Florida Appaloosa Racing Promotion Account Fund." The
130Department of Agriculture and Consumer Services shall administer
131the funds and adopt suitable and reasonable rules for the
132administration thereof. The moneys in the Florida Appaloosa
133Racing Promotion Account Fund shall be allocated solely for
134supplementing and augmenting purses and prizes and for the
135general promotion of owning and breeding of racing Appaloosas in
136this state; and the such moneys may not be used to defray any
137expense of the Department of Agriculture and Consumer Services
138in the administration of this chapter.
139     (8)(a)  Each permitholder that conducts race meets under
140this chapter and runs Arabian horse races shall pay to the
141division a sum equal to the breaks plus a sum equal to 1 percent
142of the total contributions to each pari-mutuel pool conducted on
143each Arabian horse race. The Such payments shall be remitted to
144the division by the 5th day of each calendar month for sums
145accruing during the preceding calendar month.
146     (b)  The division shall deposit these collections to the
147credit of the General Inspection Florida Quarter Horse Racing
148Promotion Trust Fund in a special account to be known as the
149"Florida Arabian Horse Racing Promotion Account Fund." The
150Department of Agriculture and Consumer Services shall administer
151the funds and adopt suitable and reasonable rules for the
152administration thereof. The moneys in the Florida Arabian Horse
153Racing Promotion Account Fund shall be allocated solely for
154supplementing and augmenting purses and prizes and for the
155general promotion of owning and breeding of racing Arabian
156horses in this state; and the such moneys may not be used to
157defray any expense of the Department of Agriculture and Consumer
158Services in the administration of this chapter, except that the
159moneys generated by Arabian horse registration fees received
160pursuant to s. 570.382 may be used as provided in paragraph
161(5)(b) of that section.
162     Section 6.  Subsection (2) of section 550.2633, Florida
163Statutes, is amended to read:
164     550.2633  Horseracing; distribution of abandoned interest
165in or contributions to pari-mutuel pools.--
166     (2)  All moneys or other property which has escheated to
167and become the property of the state as provided herein and
168which is held by a permitholder authorized to conduct pari-
169mutuel pools in this state shall be paid annually by the
170permitholder to the recipient designated in this subsection
171within 60 days after the close of the race meeting of the
172permitholder. Section 550.1645 notwithstanding, the such moneys
173shall be paid by the permitholder as follows:
174     (a)  Funds from any harness horse races shall be paid to
175the Florida Standardbred Breeders and Owners Association and
176shall be used for the payment of breeders' awards, stallion
177awards, stallion stakes, additional purses, and prizes for, and
178for the general promotion of owning and breeding of, Florida-
179bred standardbred horses, as provided for in s. 550.2625.
180     (b)  Except as provided in paragraph (c), funds from
181quarter horse races shall be paid to the Florida Quarter Horse
182Breeders and Owners Association and shall be allocated solely
183for supplementing and augmenting purses and prizes and for the
184general promotion of owning and breeding of racing quarter
185horses in this state, as provided for in s. 550.2625.
186     (c)  Funds for Arabian horse races conducted under a
187quarter horse racing permit shall be deposited into the General
188Inspection Florida Quarter Horse Racing Promotion Trust Fund in
189a special account to be known as the "Florida Arabian Horse
190Racing Promotion Account Fund" and shall be used for the payment
191of breeders' awards and stallion awards as provided for in s.
192570.382.
193     Section 7.  Section 570.382, Florida Statutes, is amended
194to read:
195     570.382  Arabian horse racing; breeders' and stallion
196awards; Arabian Horse Council; horse registration fees; Florida
197Arabian Horse Racing Promotion Account Fund.--
198     (1)  LEGISLATIVE FINDINGS.--It is the finding of the
199Legislature that:
200     (a)  Breed improvement is an important factor in
201encouraging Arabian horse racing in this state.
202     (b)  Acquisition and maintenance of Arabian horse breeding
203farms in this state will greatly enhance the tax revenues
204derived by the state and counties.
205     (c)  Many jobs will be created through the encouragement of
206the Arabian horse breeding industry in this state, thereby
207supplying much needed taxes and revenues to the state and
208counties.
209     (d)  By encouraging Arabian horse breeding farms, better
210horses will be available for racing, thereby increasing the
211pari-mutuel handle which will increase taxes for the state and
212counties.
213     (2)  POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE AND
214CONSUMER SERVICES.--The Department of Agriculture and Consumer
215Services shall administer this section and have the following
216powers and duties:
217     (a)  To establish a registry for Florida-bred Arabian
218horses on a voluntary basis.
219     (b)  To make Arabian horse breeders' and stallion awards
220available to qualified individuals from funds derived from the
221Florida Arabian Horse Racing Promotion Account Fund under the
222authority of ss. 550.2625(8) and 550.2633 and under rules
223adopted.
224     (c)  To establish a stallion award program. In order for
225the owner of the sire of a Florida-bred Arabian horse to be
226eligible for a stallion award, the following requirements must
227be met:
228     1.  The stallion shall stand permanently in the state.
229     2.  If the stallion is dead, it shall have stood
230permanently in the state for the year immediately prior to its
231death.
232     3.  The removal of a stallion from this state for the
233purpose of breeding shall bar the owner of the stallion from
234receiving a stallion award for offspring sired in the state in
235the breeding season commencing January 1st of the year of the
236stallion's removal.
237     4.  If a removed stallion is returned to the state, all
238offspring sired in the state subsequent to the stallion's return
239shall make the owner eligible for the stallion award.
240     (d)  To maintain complete records documenting:
241     1.  The date a stallion arrived in the state for the first
242time.
243     2.  Whether the stallion remained in the state permanently.
244     3.  The location of the stallion.
245     4.  Whether the stallion is still standing in the state.
246     5.  Awards earned, received, and distributed.
247     (3)  ARABIAN HORSE COUNCIL.--
248     (a)  There is created an Arabian Horse Council consisting
249of seven members as follows:
250     1.  A representative of the Department of Agriculture and
251Consumer Services designated by the commissioner.
252     2.  Six members appointed by the Department of Agriculture
253and Consumer Services, the majority of whom must be Florida
254breeders of racing Arabian horses.
255     (b)  Each member shall serve for a term of 4 years from
256date of appointment.
257     (c)  At the first organizational meeting of the council,
258there shall be elected a chair from the membership, and each 2
259years thereafter the council shall elect a chair from its then-
260constituted membership. The member representing the Department
261of Agriculture and Consumer Services shall be secretary of the
262council.
263     (d)  Members of the council shall receive no compensation
264for their services, except that they shall receive per diem and
265travel expenses as provided in s. 112.061 when actually engaged
266in the business of the council.
267     (e)  The council shall have the following powers and
268duties:
269     1.  To recommend rules.
270     2.  To receive and report to the Department of Agriculture
271and Consumer Services complaints or violations of this section.
272     3.  To assist the Department of Agriculture and Consumer
273Services in the collection of information that the Department of
274Agriculture and Consumer Services deems necessary to the proper
275administration of this section.
276     (4)  FRAUDULENT ACTS AND MISREPRESENTATIONS.--Any person
277who registers unqualified horses or misrepresents information in
278any way shall be denied any future participation in breeders'
279and stallion awards, and all horses misrepresented will no
280longer be deemed to be Florida-bred.
281     (5)  REGISTRATION FEES TRUST FUND.--
282     (a)  To provide funds to defray the necessary expenses
283incurred by the Department of Agriculture and Consumer Services
284in the administration of this section:
285     1.  Owners who participate in this program for Florida-bred
286Arabian foals under 1 year of age shall pay to the Department of
287Agriculture and Consumer Services a registration fee in the
288amount of $25 per horse.
289     2.  Owners who participate in this program for Florida-bred
290Arabian yearlings from 1 to 2 years of age shall pay to the
291Department of Agriculture and Consumer Services a registration
292fee in the amount of $50 per horse.
293     3.  Owners who participate in this program for Florida-bred
294Arabian horses 2 years of age or over shall pay to the
295Department of Agriculture and Consumer Services a registration
296fee in the amount of $250 per horse.
297     4.  The Department of Agriculture and Consumer Services
298shall charge the stallion owner a reasonable fee set by rule,
299not to exceed $100 annually, to cover all costs incurred for the
300stallion award program.
301     (b)  The fees collected under this subsection shall be
302deposited in the General Inspection Florida Quarter Horse Racing
303Promotion Trust Fund in a special account to be known as the
304"Florida Arabian Horse Racing Promotion Account Fund," and the
305necessary expenses incurred by the Department of Agriculture and
306Consumer Services in the administration of this section shall be
307paid out of the account fund only up to the amount of deposited
308registration fees.
309     Section 8.  Paragraph (m) of subsection (1) of section
310215.22, Florida Statutes, is amended to read:
311     215.22  Certain income and certain trust funds exempt.--
312     (1)  The following income of a revenue nature or the
313following trust funds shall be exempt from the appropriation
314required by s. 215.20(1):
315     (m)  The following trust funds administered by the
316Department of Agriculture and Consumer Services:
317     1.  The Citrus Inspection Trust Fund.
318     2.  The Florida Forever Program Trust Fund.
319     3.  The Florida Preservation 2000 Trust Fund.
320     3.4.  The Market Improvements Working Capital Trust Fund.
321     4.5.  The Pest Control Trust Fund.
322     5.6.  The Plant Industry Trust Fund.
323     Section 9.  Subsection (2) of section 589.277, Florida
324Statutes, is amended to read:
325     589.277  Tree planting programs.--
326     (2)  Contributions from governmental and private sources
327for tree planting programs may be accepted into the Federal
328Contracts and Grants Trust Fund.
329     Section 10.  Effective July 1, 2007, subsection (3) of
330section 24.114, Florida Statutes, is amended to read:
331     24.114  Bank deposits and control of lottery
332transactions.--
333     (3)  Each retailer is liable to the department for any and
334all tickets accepted or generated by any employee or
335representative of that retailer, and the such tickets shall be
336deemed to have been purchased by the retailer unless returned to
337the department within the time and in the manner prescribed by
338the department. All moneys received by such retailers from the
339sale of lottery tickets, less the amount retained as
340compensation for the sale of tickets and the amount paid out as
341prizes by the retailer, shall be held in trust prior to delivery
342to the department or electronic transfer to the Operating
343Administrative Trust Fund.
344     Section 11.  Effective July 1, 2007, section 24.120,
345Florida Statutes, is amended to read:
346     24.120  Financial matters; Operating Administrative Trust
347Fund; interagency cooperation.--
348     (1)  There is hereby created in the State Treasury an
349Operating Administrative Trust Fund to be administered in
350accordance with chapters 215 and 216 by the department. All
351money received by the department which remains after payment of
352prizes and initial compensation paid to retailers shall be
353deposited into the Operating Administrative Trust Fund. All
354moneys in the trust fund are appropriated to the department for
355the purposes specified in this act.
356     (2)  Moneys available for the payment of prizes on a
357deferred basis shall be invested by the State Board of
358Administration in accordance with a trust agreement approved by
359the secretary and entered into between the department and the
360State Board of Administration in accordance with ss. 215.44-
361215.53. The investments authorized by this subsection shall be
362done in a manner designed to preserve capital and to ensure the
363integrity of the lottery disbursement system by eliminating the
364risk of payment of funds when due and to produce equal annual
365sums of money over the required term of the investments.
366     (3)  Any action required by law to be taken by the Chief
367Financial Officer shall be taken within 2 business days after
368the department's request therefor. If the request for such
369action is not approved or rejected within that time such period,
370the request shall be deemed to be approved. The department shall
371reimburse the Chief Financial Officer for any additional costs
372involved in providing the level of service required by this
373subsection.
374     (4)  The department shall cooperate with the Chief
375Financial Officer, the Auditor General, and the Office of
376Program Policy Analysis and Government Accountability by giving
377employees designated by any of them access to facilities of the
378department for the purpose of efficient compliance with their
379respective responsibilities.
380     (5)  With respect to any reimbursement that the department
381is required to pay to any state agency, the department may enter
382into an agreement with a such state agency under which the
383department shall pay to the such state agency an amount
384reasonably anticipated to cover the such reimbursable expenses
385in advance of the such expenses being incurred.
386     (6)  The Department of Management Services may authorize a
387sales incentive program for employees of the department for the
388purpose of increasing the sales volume and distribution of
389lottery tickets. Payments pursuant to the such program shall not
390be construed to be lump-sum salary bonuses.
391     Section 12.  Effective July 1, 2007, subsections (3) and
392(4) of section 24.121, Florida Statutes, are amended to read:
393     24.121  Allocation of revenues and expenditure of funds for
394public education.--
395     (3)  The funds remaining in the Operating Administrative
396Trust Fund after transfers to the Educational Enhancement Trust
397Fund shall be used for the payment of administrative expenses of
398the department. These expenses shall include all costs incurred
399in the operation and administration of the lottery and all costs
400resulting from any contracts entered into for the purchase or
401lease of goods or services required by the lottery, including,
402but not limited to:
403     (a)  The compensation paid to retailers;
404     (b)  The costs of supplies, materials, tickets, independent
405audit services, independent studies, data transmission,
406advertising, promotion, incentives, public relations,
407communications, security, bonding for retailers, printing,
408distribution of tickets, and reimbursing other governmental
409entities for services provided to the lottery; and
410     (c)  The costs of any other goods and services necessary
411for effectuating the purposes of this act.
412     (4)  The unencumbered balance that which remains in the
413Operating Administrative Trust Fund at the end of each fiscal
414year shall be transferred to the Educational Enhancement Trust
415Fund.
416     Section 13.  Effective July 1, 2007, paragraphs (b), (c),
417and (d) of subsection (1) of section 403.518, Florida Statutes,
418are amended to read:
419     403.518  Fees; disposition.--
420     (1)  The department shall charge the applicant the
421following fees, as appropriate, which shall be paid into the
422Florida Permit Fee Trust Fund:
423     (b)  An application fee, which shall not exceed $200,000.
424The fee shall be fixed by rule on a sliding scale related to the
425size, type, ultimate site capacity, increase in generating
426capacity proposed by the application, or the number and size of
427local governments in whose jurisdiction the electrical power
428plant is located.
429     1.  Sixty percent of the fee shall go to the department to
430cover any costs associated with reviewing and acting upon the
431application, to cover any field services associated with
432monitoring construction and operation of the facility, and to
433cover the costs of the public notices published by the
434department.
435     2.  Twenty percent of the fee or $25,000, whichever is
436greater, shall be transferred to the Operating Administrative
437Trust Fund of the Division of Administrative Hearings of the
438Department of Management Services.
439     3.  Upon written request with proper itemized accounting
440within 90 days after final agency action by the board or
441withdrawal of the application, the department shall reimburse
442the Department of Community Affairs, the Fish and Wildlife
443Conservation Commission, and any water management district
444created pursuant to chapter 373, regional planning council, and
445local government in the jurisdiction of which the proposed
446electrical power plant is to be located, and any other agency
447from which the department requests special studies pursuant to
448s. 403.507(2)(a)7. The Such reimbursement shall be authorized
449for the preparation of any studies required of the agencies by
450this act, and for agency travel and per diem to attend any
451hearing held pursuant to this act, and for local governments to
452participate in the proceedings. In the event the amount
453available for allocation is insufficient to provide for complete
454reimbursement to the agencies, reimbursement shall be on a
455prorated basis.
456     4.  If any sums are remaining, the department shall retain
457them for its use in the same manner as is otherwise authorized
458by this act; provided, however, that if the certification
459application is withdrawn, the remaining sums shall be refunded
460to the applicant within 90 days after withdrawal.
461     (c)  A certification modification fee, which shall not
462exceed $30,000. The fee shall be submitted to the department
463with a formal petition for modification to the department
464pursuant to s. 403.516. This fee shall be established,
465disbursed, and processed in the same manner as the application
466fee in paragraph (b), except that the Division of Administrative
467Hearings shall not receive a portion of the fee unless the
468petition for certification modification is referred to the
469Division of Administrative Hearings for hearing. If the petition
470is so referred, only $10,000 of the fee shall be transferred to
471the Operating Administrative Trust Fund of the Division of
472Administrative Hearings of the Department of Management
473Services. The fee for a modification by agreement filed pursuant
474to s. 403.516(1)(b) shall be $10,000 to be paid upon the filing
475of the request for modification. Any sums remaining after
476payment of authorized costs shall be refunded to the applicant
477within 90 days of issuance or denial of the modification or
478withdrawal of the request for modification.
479     (d)  A supplemental application fee, not to exceed $75,000,
480to cover all reasonable expenses and costs of the review,
481processing, and proceedings of a supplemental application. This
482fee shall be established, disbursed, and processed in the same
483manner as the certification application fee in paragraph (b),
484except that only $20,000 of the fee shall be transferred to the
485Operating Administrative Trust Fund of the Division of
486Administrative Hearings of the Department of Management
487Services.
488     Section 14.  Effective July 1, 2007, paragraph (b) of
489subsection (1) of section 403.5365, Florida Statutes, is amended
490to read:
491     403.5365  Fees; disposition.--The department shall charge
492the applicant the following fees, as appropriate, which shall be
493paid into the Florida Permit Fee Trust Fund:
494     (1)  An application fee of $100,000, plus $750 per mile for
495each mile of corridor in which the transmission line right-of-
496way is proposed to be located within an existing electrical
497transmission line right-of-way or within any existing right-of-
498way for any road, highway, railroad, or other aboveground linear
499facility, or $1,000 per mile for each mile of transmission line
500corridor proposed to be located outside the such existing right-
501of-way.
502     (b)  Twenty percent of the fees specified under this
503section, except postcertification fees, shall be transferred to
504the Operating Administrative Trust Fund of the Division of
505Administrative Hearings of the Department of Management
506Services.
507     Section 15.  Effective July 1, 2007, paragraph (b) of
508subsection (5) of section 403.9421, Florida Statutes, is amended
509to read:
510     403.9421  Fees; disposition.--The department shall charge
511the applicant the following fees, as appropriate, which shall be
512paid into the Florida Permit Fee Trust Fund:
513     (5)  In administering fee revenues received under this
514section, the department shall allocate the funds as follows:
515     (b)  Sixteen percent of the fees specified under this
516section, except for postcertification fees, shall be transferred
517to the Operating Administrative Trust Fund of the Division of
518Administrative Hearings to cover its costs associated with
519reviewing and hearing applications, amendments, modifications,
520and disputes related to ss. 403.9401-403.9425.
521     Section 16.  Effective July 1, 2007, subsection (11) of
522section 552.40, Florida Statutes, is amended to read:
523     552.40  Administrative remedy for alleged damage due to the
524use of explosives in connection with construction materials
525mining activities.--
526     (11)  The filing fees paid pursuant to subsection (1) shall
527be deposited into the Operating Administrative Trust Fund of the
528Division of Administrative Hearings to defray the expenses and
529costs associated with the administration of ss. 552.32-552.44.
530     Section 17.  Effective July 1, 2007, subsection (4) of
531section 282.22, Florida Statutes, is amended to read:
532     282.22  State Technology Office; production, dissemination,
533and ownership of materials and products.--
534     (4)  All proceeds from the sale of such materials and
535products or other money collected pursuant to this section shall
536be deposited into the Operating Grants and Donations Trust Fund
537of the office and, when properly budgeted as approved by the
538Legislature and the Executive Office of the Governor, used to
539pay the cost of producing and disseminating materials and
540products to carry out the intent of this section.
541     Section 18.  Effective July 1, 2007, paragraph (h) of
542subsection (1) and paragraphs (b) and (c) of subsection (15) of
543section 287.042, Florida Statutes, are amended to read:
544     287.042  Powers, duties, and functions.--The department
545shall have the following powers, duties, and functions:
546     (1)
547     (h)  The department may collect fees for the use of its
548electronic information services. The fees may be imposed on an
549individual transaction basis or as a fixed subscription for a
550designated period of time. At a minimum, the fees shall be
551determined in an amount sufficient to cover the department's
552projected costs of the such services, including overhead in
553accordance with the policies of the Department of Management
554Services for computing its administrative assessment. All fees
555collected under pursuant to this paragraph shall be deposited in
556the Operating Grants and Donations Trust Fund for disbursement
557as provided by law.
558     (15)
559     (b)  Each agency that has been appropriated or has existing
560funds for the such purchases, shall, upon contract award by the
561department, transfer their portion of the funds into the
562department's Operating Grants and Donations Trust Fund for
563payment by the department. These funds shall be transferred by
564the Executive Office of the Governor pursuant to the agency
565budget amendment request provisions in chapter 216.
566     (c)  Agencies that sign the such joint agreements are
567financially obligated for their portion of the agreed-upon
568funds. If any agency becomes more than 90 days delinquent in
569paying the such funds, the department shall certify to the Chief
570Financial Officer the amount due, and the Chief Financial
571Officer shall transfer the amount due to the Operating Grants
572and Donations Trust Fund of the department from any of the
573agency's available funds. The Chief Financial Officer shall
574report all of these such transfers and the reasons for the such
575transfers to the Executive Office of the Governor and the
576legislative appropriations committees.
577     Section 19.  Effective July 1, 2007, paragraph (c) of
578subsection (23) of section 287.057, Florida Statutes, is amended
579to read:
580     287.057  Procurement of commodities or contractual
581services.--
582     (23)
583     (c)1.  The department may impose and shall collect all fees
584for the use of the on-line procurement systems. The Such fees
585may be imposed on an individual transaction basis or as a fixed
586percentage of the cost savings generated. At a minimum, the fees
587must be set in an amount sufficient to cover the projected costs
588of the such services, including administrative and project
589service costs in accordance with the policies of the department.
590All fees and surcharges collected under this paragraph shall be
591deposited in the Operating Grants and Donations Trust Fund as
592provided by law.
593     2.  If the department contracts with a provider for on-line
594procurement, the department, pursuant to appropriation, shall
595compensate the provider from the such fees after the department
596has satisfied all ongoing costs. The provider shall report
597transaction data to the department each month so that the
598department may determine the amount due and payable to the
599department from each vendor.
600     3.  All fees that are due and payable to the state on a
601transactional basis or as a fixed percentage of the cost savings
602generated are subject to s. 215.31 and must be remitted within
60340 days after receipt of payment for which the such fees are
604due. For any fees that are not remitted within 40 days, the
605vendor shall pay interest at the rate established under s.
60655.03(1) on the unpaid balance from the expiration of the 40-day
607period until the fees are remitted.
608     Section 20.  Effective July 1, 2007, section 287.1345,
609Florida Statutes, is amended to read:
610     287.1345  Surcharge on users of state term contracts;
611deposit of proceeds collected.--The department may impose a
612surcharge upon users of state term contracts in order to fund
613the costs, including overhead, of its procurement function. The
614department may provide for the state term contract vendor to
615collect the surcharge or directly collect the fee from the
616public agency or eligible user involved. For the purpose of
617compensating vendors for expenses incurred in collecting the
618such fees, the department may authorize a vendor to retain a
619portion of the fees. The vendor may withhold the portion
620retained from the amount of fees to be remitted to the
621department. The department may negotiate the retainage as a
622percentage of the such fees charged to users, as a flat amount,
623or as any other method the department deems feasible. Vendors
624shall maintain accurate sales summaries for purchases made from
625state term contracts and shall provide the summaries to the
626department on a quarterly basis. Any contract remedies relating
627to the collection of the such fees from users through vendors
628are enforceable, including, but not limited to, liquidated
629damages, late fees, and the costs of collection, including
630attorney's fees. The fees collected pursuant to this section
631shall be deposited into the Operating Grants and Donations Trust
632Fund of the department and are subject to appropriation as
633provided by law. The Executive Office of the Governor may exempt
634transactions from the payment of the surcharge if payment of the
635such surcharge would cause the state, a political subdivision,
636or unit of local government to lose federal funds or in other
637cases where the such exemption is in the public interest. The
638fees collected pursuant to this section and interest income on
639the such fees shall not be deemed to be income of a revenue
640nature for purposes of chapter 215.
641     Section 21.  For the purpose of incorporating the
642amendments made by this act to section 550.2625, Florida
643Statutes, in a reference thereto, subsection (4) of section
644550.0351, Florida Statutes, is reenacted to read:
645     550.0351  Charity racing days.--
646     (4)  The total of all profits derived from the conduct of a
647charity day performance must include all revenues derived from
648the conduct of that racing performance, including all state
649taxes that would otherwise be due to the state, except that the
650daily license fee as provided in s. 550.0951(1) and the breaks
651for the promotional trust funds as provided in s. 550.2625(3),
652(4), (5), (7), and (8) shall be paid to the division. All other
653revenues from the charity racing performance, including the
654commissions, breaks, and admissions and the revenues from
655parking, programs, and concessions, shall be included in the
656total of all profits.
657     Section 22.  Effective July 1, 2007, for the purpose of
658incorporating the amendments made by this act to section
659287.057, Florida Statutes, in a reference thereto, subsection
660(1) of section 43.16, Florida Statutes, is reenacted to read:
661     43.16  Justice Administrative Commission; membership,
662powers and duties.--
663     (1)  There is hereby created a Justice Administrative
664Commission, with headquarters located in the state capital. The
665necessary office space for use of the commission shall be
666furnished by the proper state agency in charge of state
667buildings. For purposes of the fees imposed on agencies pursuant
668to s. 287.057(23), the Justice Administrative Commission shall
669be exempt from such fees.
670     Section 23.  Effective July 1, 2007, for the purpose of
671incorporating the amendments made by this act to section
672287.057, Florida Statutes, in a reference thereto, subsection
673(41) of section 570.07, Florida Statutes, is reenacted to read:
674     570.07  Department of Agriculture and Consumer Services;
675functions, powers, and duties.--The department shall have and
676exercise the following functions, powers, and duties:
677     (41)  Notwithstanding the provisions of s. 287.057(23)(a)
678that require all agencies to use the on-line procurement system
679developed by the Department of Management Services, the
680department may continue to use its own on-line system. However,
681vendors utilizing such system shall be prequalified as meeting
682mandatory requirements and qualifications and shall remit fees
683pursuant to s. 287.057(23), and any rules implementing s.
684287.057.
685     Section 24.  Except as otherwise expressly provided in this
686act, this act shall take effect July 1, 2006.


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