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; amending s. 794.055, F.S.; revising
26and providing definitions; requiring the Department of
27Health to contract with a statewide nonprofit association
28to provide assistance to rape crisis centers; providing
29for distribution of funds; amending s. 794.056, F.S.;
30providing for funds to be credited to the Rape Crisis
31Program Trust Fund; providing effective dates.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  (1)  The following trust funds within the
36Department of Agriculture and Consumer Services are terminated:
37     (a)  The Florida Quarter Horse Racing Promotion Trust Fund,
38FLAIR number 42-2-564. All current balances remaining in the
39Florida Quarter Horse Racing Promotion Trust Fund, FLAIR number
4042-2-564, and all revenues of the fund shall be transferred to
41the General Inspection Trust Fund within the Department of
42Agriculture and Consumer Services, FLAIR number 42-2-321.
43     (b)  The Florida Preservation 2000 Trust Fund, FLAIR number
4442-2-332. All current balances remaining in the Florida
45Preservation 2000 Trust Fund, FLAIR number 42-2-332, and all
46revenues of the fund shall be transferred to the Florida Forever
47Program Trust Fund within the Department of Agriculture and
48Consumer Services, FLAIR number 42-2-349.
49     (2)  The Department of Agriculture and Consumer Services
50shall pay any outstanding debts and obligations of the
51terminated funds as soon as practicable, and the Chief Financial
52Officer shall close out and remove the terminated funds from
53various state accounting systems using generally accepted
54accounting principles concerning warrants outstanding, assets,
55and liabilities.
56     Section 2.  Effective July 1, 2007, the following trust
57funds in the following agencies are renamed:
58     (1)  The Contracts and Grants Trust Fund, FLAIR number 42-
592-133, within the Department of Agriculture and Consumer
60Services is renamed the Federal Grants Trust Fund.
61     (2)  The Administrative Trust Fund, FLAIR number 36-2-021,
62within the Department of the Lottery is renamed the Operating
63Trust Fund.
64     (3)  The Administrative Trust Fund, FLAIR number 7297-2-
65021, within the Division of Administrative Hearings of the
66Department of Management Services is renamed the Operating Trust
67Fund.
68     Section 3.  Effective July 1, 2007, the following accounts
69with the Grants and Donations Trust Fund, FLAIR number 72-2-339,
70within the Department of Management Services are transferred to
71the Operating Trust Fund, FLAIR number 72-2-510, within the
72Department of Management Services: 72-2-339045; 72-2-339069; 72-
732-339070; 72-2-339084; 72-2-339103; 72-2-339105; 72-2-339111;
74and 72-2-339130. The Department of Management Services shall
75adjust, under s. 215.32(2)(b), Florida Statutes, its internal
76accounting consistent with the requirements of this section and
77shall take any other budgetary action necessary to implement
78this section.
79     Section 4.  Paragraph (a) of subsection (2) and paragraph
80(c) of subsection (4) of section 215.20, Florida Statutes, are
81amended to read:
82     215.20  Certain income and certain trust funds to
83contribute to the General Revenue Fund.--
84     (2)  Notwithstanding the provisions of subsection (1):
85     (a)  The trust funds of the Department of Citrus and the
86Department of Agriculture and Consumer Services, including funds
87collected in the General Inspection Trust Fund for marketing
88orders and in the Florida Citrus Advertising Trust Fund, shall
89be subject to a 3-percent service charge, which is hereby
90appropriated to the General Revenue Fund. This paragraph does
91not apply to the Conservation and Recreation Lands Program Trust
92Fund, the Florida Quarter Horse Racing Promotion Trust Fund, the
93Citrus Inspection Trust Fund, the Florida Forever Program Trust
94Fund, the Florida Preservation 2000 Trust Fund, the Market
95Improvements Working Capital Trust Fund, the Pest Control Trust
96Fund, the Plant Industry Trust Fund, or other funds collected in
97the General Inspection Trust Fund in the Department of
98Agriculture and Consumer Services.
99     (4)  The income of a revenue nature deposited in the
100following described trust funds, by whatever name designated, is
101that from which the appropriations authorized by subsection (3)
102shall be made:
103     (c)  Within the Department of Agriculture and Consumer
104Services:
105     1.  The Conservation and Recreation Lands Program Trust
106Fund.
107     2.  The Florida Quarter Horse Racing Promotion Trust Fund.
108     2.3.  The General Inspection Trust Fund and subsidiary
109accounts thereof, unless a different percentage is authorized by
110s. 570.20.
111     3.4.  The Division of Licensing Trust Fund.
112
113The enumeration of the foregoing moneys or trust funds shall not
114prohibit the applicability thereto of s. 215.24 should the
115Governor determine that for the reasons mentioned in s. 215.24
116the money or trust funds should be exempt herefrom, as it is the
117purpose of this law to exempt income from its force and effect
118when, by the operation of this law, federal matching funds or
119contributions or private grants to any trust fund would be lost
120to the state.
121     Section 5.  Subsections (7) and (8) of section 550.2625,
122Florida Statutes, are amended to read:
123     550.2625  Horseracing; minimum purse requirement, Florida
124breeders' and owners' awards.--
125     (7)(a)  Each permitholder that conducts race meets under
126this chapter and runs Appaloosa races shall pay to the division
127a sum equal to the breaks plus a sum equal to 1 percent of the
128total contributions to each pari-mutuel pool conducted on each
129Appaloosa race. The Such payments shall be remitted to the
130division by the 5th day of each calendar month for sums accruing
131during the preceding calendar month.
132     (b)  The division shall deposit these collections to the
133credit of the General Inspection Florida Quarter Horse Racing
134Promotion Trust Fund in a special account to be known as the
135"Florida Appaloosa Racing Promotion Account Fund." The
136Department of Agriculture and Consumer Services shall administer
137the funds and adopt suitable and reasonable rules for the
138administration thereof. The moneys in the Florida Appaloosa
139Racing Promotion Account Fund shall be allocated solely for
140supplementing and augmenting purses and prizes and for the
141general promotion of owning and breeding of racing Appaloosas in
142this state; and the such moneys may not be used to defray any
143expense of the Department of Agriculture and Consumer Services
144in the administration of this chapter.
145     (8)(a)  Each permitholder that conducts race meets under
146this chapter and runs Arabian horse races shall pay to the
147division a sum equal to the breaks plus a sum equal to 1 percent
148of the total contributions to each pari-mutuel pool conducted on
149each Arabian horse race. The Such payments shall be remitted to
150the division by the 5th day of each calendar month for sums
151accruing during the preceding calendar month.
152     (b)  The division shall deposit these collections to the
153credit of the General Inspection Florida Quarter Horse Racing
154Promotion Trust Fund in a special account to be known as the
155"Florida Arabian Horse Racing Promotion Account Fund." The
156Department of Agriculture and Consumer Services shall administer
157the funds and adopt suitable and reasonable rules for the
158administration thereof. The moneys in the Florida Arabian Horse
159Racing Promotion Account Fund shall be allocated solely for
160supplementing and augmenting purses and prizes and for the
161general promotion of owning and breeding of racing Arabian
162horses in this state; and the such moneys may not be used to
163defray any expense of the Department of Agriculture and Consumer
164Services in the administration of this chapter, except that the
165moneys generated by Arabian horse registration fees received
166pursuant to s. 570.382 may be used as provided in paragraph
167(5)(b) of that section.
168     Section 6.  Subsection (2) of section 550.2633, Florida
169Statutes, is amended to read:
170     550.2633  Horseracing; distribution of abandoned interest
171in or contributions to pari-mutuel pools.--
172     (2)  All moneys or other property which has escheated to
173and become the property of the state as provided herein and
174which is held by a permitholder authorized to conduct pari-
175mutuel pools in this state shall be paid annually by the
176permitholder to the recipient designated in this subsection
177within 60 days after the close of the race meeting of the
178permitholder. Section 550.1645 notwithstanding, the such moneys
179shall be paid by the permitholder as follows:
180     (a)  Funds from any harness horse races shall be paid to
181the Florida Standardbred Breeders and Owners Association and
182shall be used for the payment of breeders' awards, stallion
183awards, stallion stakes, additional purses, and prizes for, and
184for the general promotion of owning and breeding of, Florida-
185bred standardbred horses, as provided for in s. 550.2625.
186     (b)  Except as provided in paragraph (c), funds from
187quarter horse races shall be paid to the Florida Quarter Horse
188Breeders and Owners Association and shall be allocated solely
189for supplementing and augmenting purses and prizes and for the
190general promotion of owning and breeding of racing quarter
191horses in this state, as provided for in s. 550.2625.
192     (c)  Funds for Arabian horse races conducted under a
193quarter horse racing permit shall be deposited into the General
194Inspection Florida Quarter Horse Racing Promotion Trust Fund in
195a special account to be known as the "Florida Arabian Horse
196Racing Promotion Account Fund" and shall be used for the payment
197of breeders' awards and stallion awards as provided for in s.
198570.382.
199     Section 7.  Section 570.382, Florida Statutes, is amended
200to read:
201     570.382  Arabian horse racing; breeders' and stallion
202awards; Arabian Horse Council; horse registration fees; Florida
203Arabian Horse Racing Promotion Account Fund.--
204     (1)  LEGISLATIVE FINDINGS.--It is the finding of the
205Legislature that:
206     (a)  Breed improvement is an important factor in
207encouraging Arabian horse racing in this state.
208     (b)  Acquisition and maintenance of Arabian horse breeding
209farms in this state will greatly enhance the tax revenues
210derived by the state and counties.
211     (c)  Many jobs will be created through the encouragement of
212the Arabian horse breeding industry in this state, thereby
213supplying much needed taxes and revenues to the state and
214counties.
215     (d)  By encouraging Arabian horse breeding farms, better
216horses will be available for racing, thereby increasing the
217pari-mutuel handle which will increase taxes for the state and
218counties.
219     (2)  POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE AND
220CONSUMER SERVICES.--The Department of Agriculture and Consumer
221Services shall administer this section and have the following
222powers and duties:
223     (a)  To establish a registry for Florida-bred Arabian
224horses on a voluntary basis.
225     (b)  To make Arabian horse breeders' and stallion awards
226available to qualified individuals from funds derived from the
227Florida Arabian Horse Racing Promotion Account Fund under the
228authority of ss. 550.2625(8) and 550.2633 and under rules
229adopted.
230     (c)  To establish a stallion award program. In order for
231the owner of the sire of a Florida-bred Arabian horse to be
232eligible for a stallion award, the following requirements must
233be met:
234     1.  The stallion shall stand permanently in the state.
235     2.  If the stallion is dead, it shall have stood
236permanently in the state for the year immediately prior to its
237death.
238     3.  The removal of a stallion from this state for the
239purpose of breeding shall bar the owner of the stallion from
240receiving a stallion award for offspring sired in the state in
241the breeding season commencing January 1st of the year of the
242stallion's removal.
243     4.  If a removed stallion is returned to the state, all
244offspring sired in the state subsequent to the stallion's return
245shall make the owner eligible for the stallion award.
246     (d)  To maintain complete records documenting:
247     1.  The date a stallion arrived in the state for the first
248time.
249     2.  Whether the stallion remained in the state permanently.
250     3.  The location of the stallion.
251     4.  Whether the stallion is still standing in the state.
252     5.  Awards earned, received, and distributed.
253     (3)  ARABIAN HORSE COUNCIL.--
254     (a)  There is created an Arabian Horse Council consisting
255of seven members as follows:
256     1.  A representative of the Department of Agriculture and
257Consumer Services designated by the commissioner.
258     2.  Six members appointed by the Department of Agriculture
259and Consumer Services, the majority of whom must be Florida
260breeders of racing Arabian horses.
261     (b)  Each member shall serve for a term of 4 years from
262date of appointment.
263     (c)  At the first organizational meeting of the council,
264there shall be elected a chair from the membership, and each 2
265years thereafter the council shall elect a chair from its then-
266constituted membership. The member representing the Department
267of Agriculture and Consumer Services shall be secretary of the
268council.
269     (d)  Members of the council shall receive no compensation
270for their services, except that they shall receive per diem and
271travel expenses as provided in s. 112.061 when actually engaged
272in the business of the council.
273     (e)  The council shall have the following powers and
274duties:
275     1.  To recommend rules.
276     2.  To receive and report to the Department of Agriculture
277and Consumer Services complaints or violations of this section.
278     3.  To assist the Department of Agriculture and Consumer
279Services in the collection of information that the Department of
280Agriculture and Consumer Services deems necessary to the proper
281administration of this section.
282     (4)  FRAUDULENT ACTS AND MISREPRESENTATIONS.--Any person
283who registers unqualified horses or misrepresents information in
284any way shall be denied any future participation in breeders'
285and stallion awards, and all horses misrepresented will no
286longer be deemed to be Florida-bred.
287     (5)  REGISTRATION FEES TRUST FUND.--
288     (a)  To provide funds to defray the necessary expenses
289incurred by the Department of Agriculture and Consumer Services
290in the administration of this section:
291     1.  Owners who participate in this program for Florida-bred
292Arabian foals under 1 year of age shall pay to the Department of
293Agriculture and Consumer Services a registration fee in the
294amount of $25 per horse.
295     2.  Owners who participate in this program for Florida-bred
296Arabian yearlings from 1 to 2 years of age shall pay to the
297Department of Agriculture and Consumer Services a registration
298fee in the amount of $50 per horse.
299     3.  Owners who participate in this program for Florida-bred
300Arabian horses 2 years of age or over shall pay to the
301Department of Agriculture and Consumer Services a registration
302fee in the amount of $250 per horse.
303     4.  The Department of Agriculture and Consumer Services
304shall charge the stallion owner a reasonable fee set by rule,
305not to exceed $100 annually, to cover all costs incurred for the
306stallion award program.
307     (b)  The fees collected under this subsection shall be
308deposited in the General Inspection Florida Quarter Horse Racing
309Promotion Trust Fund in a special account to be known as the
310"Florida Arabian Horse Racing Promotion Account Fund," and the
311necessary expenses incurred by the Department of Agriculture and
312Consumer Services in the administration of this section shall be
313paid out of the account fund only up to the amount of deposited
314registration fees.
315     Section 8.  Paragraph (m) of subsection (1) of section
316215.22, Florida Statutes, is amended to read:
317     215.22  Certain income and certain trust funds exempt.--
318     (1)  The following income of a revenue nature or the
319following trust funds shall be exempt from the appropriation
320required by s. 215.20(1):
321     (m)  The following trust funds administered by the
322Department of Agriculture and Consumer Services:
323     1.  The Citrus Inspection Trust Fund.
324     2.  The Florida Forever Program Trust Fund.
325     3.  The Florida Preservation 2000 Trust Fund.
326     3.4.  The Market Improvements Working Capital Trust Fund.
327     4.5.  The Pest Control Trust Fund.
328     5.6.  The Plant Industry Trust Fund.
329     Section 9.  Subsection (2) of section 589.277, Florida
330Statutes, is amended to read:
331     589.277  Tree planting programs.--
332     (2)  Contributions from governmental and private sources
333for tree planting programs may be accepted into the Federal
334Contracts and Grants Trust Fund.
335     Section 10.  Effective July 1, 2007, subsection (3) of
336section 24.114, Florida Statutes, is amended to read:
337     24.114  Bank deposits and control of lottery
338transactions.--
339     (3)  Each retailer is liable to the department for any and
340all tickets accepted or generated by any employee or
341representative of that retailer, and the such tickets shall be
342deemed to have been purchased by the retailer unless returned to
343the department within the time and in the manner prescribed by
344the department. All moneys received by such retailers from the
345sale of lottery tickets, less the amount retained as
346compensation for the sale of tickets and the amount paid out as
347prizes by the retailer, shall be held in trust prior to delivery
348to the department or electronic transfer to the Operating
349Administrative Trust Fund.
350     Section 11.  Effective July 1, 2007, section 24.120,
351Florida Statutes, is amended to read:
352     24.120  Financial matters; Operating Administrative Trust
353Fund; interagency cooperation.--
354     (1)  There is hereby created in the State Treasury an
355Operating Administrative Trust Fund to be administered in
356accordance with chapters 215 and 216 by the department. All
357money received by the department which remains after payment of
358prizes and initial compensation paid to retailers shall be
359deposited into the Operating Administrative Trust Fund. All
360moneys in the trust fund are appropriated to the department for
361the purposes specified in this act.
362     (2)  Moneys available for the payment of prizes on a
363deferred basis shall be invested by the State Board of
364Administration in accordance with a trust agreement approved by
365the secretary and entered into between the department and the
366State Board of Administration in accordance with ss. 215.44-
367215.53. The investments authorized by this subsection shall be
368done in a manner designed to preserve capital and to ensure the
369integrity of the lottery disbursement system by eliminating the
370risk of payment of funds when due and to produce equal annual
371sums of money over the required term of the investments.
372     (3)  Any action required by law to be taken by the Chief
373Financial Officer shall be taken within 2 business days after
374the department's request therefor. If the request for such
375action is not approved or rejected within that time such period,
376the request shall be deemed to be approved. The department shall
377reimburse the Chief Financial Officer for any additional costs
378involved in providing the level of service required by this
379subsection.
380     (4)  The department shall cooperate with the Chief
381Financial Officer, the Auditor General, and the Office of
382Program Policy Analysis and Government Accountability by giving
383employees designated by any of them access to facilities of the
384department for the purpose of efficient compliance with their
385respective responsibilities.
386     (5)  With respect to any reimbursement that the department
387is required to pay to any state agency, the department may enter
388into an agreement with a such state agency under which the
389department shall pay to the such state agency an amount
390reasonably anticipated to cover the such reimbursable expenses
391in advance of the such expenses being incurred.
392     (6)  The Department of Management Services may authorize a
393sales incentive program for employees of the department for the
394purpose of increasing the sales volume and distribution of
395lottery tickets. Payments pursuant to the such program shall not
396be construed to be lump-sum salary bonuses.
397     Section 12.  Effective July 1, 2007, subsections (3) and
398(4) of section 24.121, Florida Statutes, are amended to read:
399     24.121  Allocation of revenues and expenditure of funds for
400public education.--
401     (3)  The funds remaining in the Operating Administrative
402Trust Fund after transfers to the Educational Enhancement Trust
403Fund shall be used for the payment of administrative expenses of
404the department. These expenses shall include all costs incurred
405in the operation and administration of the lottery and all costs
406resulting from any contracts entered into for the purchase or
407lease of goods or services required by the lottery, including,
408but not limited to:
409     (a)  The compensation paid to retailers;
410     (b)  The costs of supplies, materials, tickets, independent
411audit services, independent studies, data transmission,
412advertising, promotion, incentives, public relations,
413communications, security, bonding for retailers, printing,
414distribution of tickets, and reimbursing other governmental
415entities for services provided to the lottery; and
416     (c)  The costs of any other goods and services necessary
417for effectuating the purposes of this act.
418     (4)  The unencumbered balance that which remains in the
419Operating Administrative Trust Fund at the end of each fiscal
420year shall be transferred to the Educational Enhancement Trust
421Fund.
422     Section 13.  Effective July 1, 2007, paragraphs (b), (c),
423and (d) of subsection (1) of section 403.518, Florida Statutes,
424are amended to read:
425     403.518  Fees; disposition.--
426     (1)  The department shall charge the applicant the
427following fees, as appropriate, which shall be paid into the
428Florida Permit Fee Trust Fund:
429     (b)  An application fee, which shall not exceed $200,000.
430The fee shall be fixed by rule on a sliding scale related to the
431size, type, ultimate site capacity, increase in generating
432capacity proposed by the application, or the number and size of
433local governments in whose jurisdiction the electrical power
434plant is located.
435     1.  Sixty percent of the fee shall go to the department to
436cover any costs associated with reviewing and acting upon the
437application, to cover any field services associated with
438monitoring construction and operation of the facility, and to
439cover the costs of the public notices published by the
440department.
441     2.  Twenty percent of the fee or $25,000, whichever is
442greater, shall be transferred to the Operating Administrative
443Trust Fund of the Division of Administrative Hearings of the
444Department of Management Services.
445     3.  Upon written request with proper itemized accounting
446within 90 days after final agency action by the board or
447withdrawal of the application, the department shall reimburse
448the Department of Community Affairs, the Fish and Wildlife
449Conservation Commission, and any water management district
450created pursuant to chapter 373, regional planning council, and
451local government in the jurisdiction of which the proposed
452electrical power plant is to be located, and any other agency
453from which the department requests special studies pursuant to
454s. 403.507(2)(a)7. The Such reimbursement shall be authorized
455for the preparation of any studies required of the agencies by
456this act, and for agency travel and per diem to attend any
457hearing held pursuant to this act, and for local governments to
458participate in the proceedings. In the event the amount
459available for allocation is insufficient to provide for complete
460reimbursement to the agencies, reimbursement shall be on a
461prorated basis.
462     4.  If any sums are remaining, the department shall retain
463them for its use in the same manner as is otherwise authorized
464by this act; provided, however, that if the certification
465application is withdrawn, the remaining sums shall be refunded
466to the applicant within 90 days after withdrawal.
467     (c)  A certification modification fee, which shall not
468exceed $30,000. The fee shall be submitted to the department
469with a formal petition for modification to the department
470pursuant to s. 403.516. This fee shall be established,
471disbursed, and processed in the same manner as the application
472fee in paragraph (b), except that the Division of Administrative
473Hearings shall not receive a portion of the fee unless the
474petition for certification modification is referred to the
475Division of Administrative Hearings for hearing. If the petition
476is so referred, only $10,000 of the fee shall be transferred to
477the Operating Administrative Trust Fund of the Division of
478Administrative Hearings of the Department of Management
479Services. The fee for a modification by agreement filed pursuant
480to s. 403.516(1)(b) shall be $10,000 to be paid upon the filing
481of the request for modification. Any sums remaining after
482payment of authorized costs shall be refunded to the applicant
483within 90 days of issuance or denial of the modification or
484withdrawal of the request for modification.
485     (d)  A supplemental application fee, not to exceed $75,000,
486to cover all reasonable expenses and costs of the review,
487processing, and proceedings of a supplemental application. This
488fee shall be established, disbursed, and processed in the same
489manner as the certification application fee in paragraph (b),
490except that only $20,000 of the fee shall be transferred to the
491Operating Administrative Trust Fund of the Division of
492Administrative Hearings of the Department of Management
493Services.
494     Section 14.  Effective July 1, 2007, paragraph (b) of
495subsection (1) of section 403.5365, Florida Statutes, is amended
496to read:
497     403.5365  Fees; disposition.--The department shall charge
498the applicant the following fees, as appropriate, which shall be
499paid into the Florida Permit Fee Trust Fund:
500     (1)  An application fee of $100,000, plus $750 per mile for
501each mile of corridor in which the transmission line right-of-
502way is proposed to be located within an existing electrical
503transmission line right-of-way or within any existing right-of-
504way for any road, highway, railroad, or other aboveground linear
505facility, or $1,000 per mile for each mile of transmission line
506corridor proposed to be located outside the such existing right-
507of-way.
508     (b)  Twenty percent of the fees specified under this
509section, except postcertification fees, shall be transferred to
510the Operating Administrative Trust Fund of the Division of
511Administrative Hearings of the Department of Management
512Services.
513     Section 15.  Effective July 1, 2007, paragraph (b) of
514subsection (5) of section 403.9421, Florida Statutes, is amended
515to read:
516     403.9421  Fees; disposition.--The department shall charge
517the applicant the following fees, as appropriate, which shall be
518paid into the Florida Permit Fee Trust Fund:
519     (5)  In administering fee revenues received under this
520section, the department shall allocate the funds as follows:
521     (b)  Sixteen percent of the fees specified under this
522section, except for postcertification fees, shall be transferred
523to the Operating Administrative Trust Fund of the Division of
524Administrative Hearings to cover its costs associated with
525reviewing and hearing applications, amendments, modifications,
526and disputes related to ss. 403.9401-403.9425.
527     Section 16.  Effective July 1, 2007, subsection (11) of
528section 552.40, Florida Statutes, is amended to read:
529     552.40  Administrative remedy for alleged damage due to the
530use of explosives in connection with construction materials
531mining activities.--
532     (11)  The filing fees paid pursuant to subsection (1) shall
533be deposited into the Operating Administrative Trust Fund of the
534Division of Administrative Hearings to defray the expenses and
535costs associated with the administration of ss. 552.32-552.44.
536     Section 17.  Effective July 1, 2007, subsection (4) of
537section 282.22, Florida Statutes, is amended to read:
538     282.22  State Technology Office; production, dissemination,
539and ownership of materials and products.--
540     (4)  All proceeds from the sale of such materials and
541products or other money collected pursuant to this section shall
542be deposited into the Operating Grants and Donations Trust Fund
543of the office and, when properly budgeted as approved by the
544Legislature and the Executive Office of the Governor, used to
545pay the cost of producing and disseminating materials and
546products to carry out the intent of this section.
547     Section 18.  Effective July 1, 2007, paragraph (h) of
548subsection (1) and paragraphs (b) and (c) of subsection (15) of
549section 287.042, Florida Statutes, are amended to read:
550     287.042  Powers, duties, and functions.--The department
551shall have the following powers, duties, and functions:
552     (1)
553     (h)  The department may collect fees for the use of its
554electronic information services. The fees may be imposed on an
555individual transaction basis or as a fixed subscription for a
556designated period of time. At a minimum, the fees shall be
557determined in an amount sufficient to cover the department's
558projected costs of the such services, including overhead in
559accordance with the policies of the Department of Management
560Services for computing its administrative assessment. All fees
561collected under pursuant to this paragraph shall be deposited in
562the Operating Grants and Donations Trust Fund for disbursement
563as provided by law.
564     (15)
565     (b)  Each agency that has been appropriated or has existing
566funds for the such purchases, shall, upon contract award by the
567department, transfer their portion of the funds into the
568department's Operating Grants and Donations Trust Fund for
569payment by the department. These funds shall be transferred by
570the Executive Office of the Governor pursuant to the agency
571budget amendment request provisions in chapter 216.
572     (c)  Agencies that sign the such joint agreements are
573financially obligated for their portion of the agreed-upon
574funds. If any agency becomes more than 90 days delinquent in
575paying the such funds, the department shall certify to the Chief
576Financial Officer the amount due, and the Chief Financial
577Officer shall transfer the amount due to the Operating Grants
578and Donations Trust Fund of the department from any of the
579agency's available funds. The Chief Financial Officer shall
580report all of these such transfers and the reasons for the such
581transfers to the Executive Office of the Governor and the
582legislative appropriations committees.
583     Section 19.  Effective July 1, 2007, paragraph (c) of
584subsection (23) of section 287.057, Florida Statutes, is amended
585to read:
586     287.057  Procurement of commodities or contractual
587services.--
588     (23)
589     (c)1.  The department may impose and shall collect all fees
590for the use of the on-line procurement systems. The Such fees
591may be imposed on an individual transaction basis or as a fixed
592percentage of the cost savings generated. At a minimum, the fees
593must be set in an amount sufficient to cover the projected costs
594of the such services, including administrative and project
595service costs in accordance with the policies of the department.
596All fees and surcharges collected under this paragraph shall be
597deposited in the Operating Grants and Donations Trust Fund as
598provided by law.
599     2.  If the department contracts with a provider for on-line
600procurement, the department, pursuant to appropriation, shall
601compensate the provider from the such fees after the department
602has satisfied all ongoing costs. The provider shall report
603transaction data to the department each month so that the
604department may determine the amount due and payable to the
605department from each vendor.
606     3.  All fees that are due and payable to the state on a
607transactional basis or as a fixed percentage of the cost savings
608generated are subject to s. 215.31 and must be remitted within
60940 days after receipt of payment for which the such fees are
610due. For any fees that are not remitted within 40 days, the
611vendor shall pay interest at the rate established under s.
61255.03(1) on the unpaid balance from the expiration of the 40-day
613period until the fees are remitted.
614     Section 20.  Effective July 1, 2007, section 287.1345,
615Florida Statutes, is amended to read:
616     287.1345  Surcharge on users of state term contracts;
617deposit of proceeds collected.--The department may impose a
618surcharge upon users of state term contracts in order to fund
619the costs, including overhead, of its procurement function. The
620department may provide for the state term contract vendor to
621collect the surcharge or directly collect the fee from the
622public agency or eligible user involved. For the purpose of
623compensating vendors for expenses incurred in collecting the
624such fees, the department may authorize a vendor to retain a
625portion of the fees. The vendor may withhold the portion
626retained from the amount of fees to be remitted to the
627department. The department may negotiate the retainage as a
628percentage of the such fees charged to users, as a flat amount,
629or as any other method the department deems feasible. Vendors
630shall maintain accurate sales summaries for purchases made from
631state term contracts and shall provide the summaries to the
632department on a quarterly basis. Any contract remedies relating
633to the collection of the such fees from users through vendors
634are enforceable, including, but not limited to, liquidated
635damages, late fees, and the costs of collection, including
636attorney's fees. The fees collected pursuant to this section
637shall be deposited into the Operating Grants and Donations Trust
638Fund of the department and are subject to appropriation as
639provided by law. The Executive Office of the Governor may exempt
640transactions from the payment of the surcharge if payment of the
641such surcharge would cause the state, a political subdivision,
642or unit of local government to lose federal funds or in other
643cases where the such exemption is in the public interest. The
644fees collected pursuant to this section and interest income on
645the such fees shall not be deemed to be income of a revenue
646nature for purposes of chapter 215.
647     Section 21.  For the purpose of incorporating the
648amendments made by this act to section 550.2625, Florida
649Statutes, in a reference thereto, subsection (4) of section
650550.0351, Florida Statutes, is reenacted to read:
651     550.0351  Charity racing days.--
652     (4)  The total of all profits derived from the conduct of a
653charity day performance must include all revenues derived from
654the conduct of that racing performance, including all state
655taxes that would otherwise be due to the state, except that the
656daily license fee as provided in s. 550.0951(1) and the breaks
657for the promotional trust funds as provided in s. 550.2625(3),
658(4), (5), (7), and (8) shall be paid to the division. All other
659revenues from the charity racing performance, including the
660commissions, breaks, and admissions and the revenues from
661parking, programs, and concessions, shall be included in the
662total of all profits.
663     Section 22.  Effective July 1, 2007, for the purpose of
664incorporating the amendments made by this act to section
665287.057, Florida Statutes, in a reference thereto, subsection
666(1) of section 43.16, Florida Statutes, is reenacted to read:
667     43.16  Justice Administrative Commission; membership,
668powers and duties.--
669     (1)  There is hereby created a Justice Administrative
670Commission, with headquarters located in the state capital. The
671necessary office space for use of the commission shall be
672furnished by the proper state agency in charge of state
673buildings. For purposes of the fees imposed on agencies pursuant
674to s. 287.057(23), the Justice Administrative Commission shall
675be exempt from such fees.
676     Section 23.  Effective July 1, 2007, for the purpose of
677incorporating the amendments made by this act to section
678287.057, Florida Statutes, in a reference thereto, subsection
679(41) of section 570.07, Florida Statutes, is reenacted to read:
680     570.07  Department of Agriculture and Consumer Services;
681functions, powers, and duties.--The department shall have and
682exercise the following functions, powers, and duties:
683     (41)  Notwithstanding the provisions of s. 287.057(23)(a)
684that require all agencies to use the on-line procurement system
685developed by the Department of Management Services, the
686department may continue to use its own on-line system. However,
687vendors utilizing such system shall be prequalified as meeting
688mandatory requirements and qualifications and shall remit fees
689pursuant to s. 287.057(23), and any rules implementing s.
690287.057.
691     Section 24.  Paragraph (d) of subsection (2) of section
692794.055, Florida Statutes, is amended, present paragraphs (h)
693and (i) of that subsection are redesignated as paragraphs (i)
694and (j), respectively, a new paragraph (h) is added to that
695subsection, and paragraphs (a) and (b) of subsection (3) of that
696section are amended, to read:
697     794.055  Access to services for victims of sexual
698battery.--
699     (2)  As used in this section, the term:
700     (d)  "Rape crisis center" means any public or private
701agency that provides offers at least five of the sexual battery
702recovery services in paragraph (g) to victims of sexual battery
703and their families and is certified by the statewide nonprofit
704association.
705     (h)  "Statewide nonprofit association" means the federally
706recognized sexual assault coalition whose primary purpose is to
707represent and provide technical assistance to rape crisis
708centers.
709     (3)(a)  The department shall contract with the a statewide
710nonprofit association whose primary purpose is to represent and
711provide technical assistance to rape crisis centers. The
712statewide nonprofit This association shall receive 95 percent of
713the moneys appropriated from the Rape Crisis Program Trust Fund.
714     (b)  Funds received under s. 938.085 shall be used to
715provide sexual battery recovery services to victims and their
716families. Funds shall be distributed to rape crisis centers by
717county, based on an allocation formula that takes into account
718the population and rural characteristics of each the county. No
719more than 15 percent of the funds shall be used for statewide
720initiatives, including developing service standards and a
721certification process for rape crisis centers. No more than 5
722percent of the funds may be used for administrative costs.
723     Section 25.  Section 794.056, Florida Statutes, is amended
724to read:
725     794.056  Rape Crisis Program Trust Fund.--
726     (1)  The Rape Crisis Program Trust Fund is created within
727the Department of Health for the purpose of providing funds for
728rape crisis centers in this state. Trust fund moneys shall be
729used exclusively for the purpose of providing services for
730victims of sexual assault. Funds credited to the trust fund
731consist of those funds collected as an additional court
732assessment in each case in which a defendant pleads guilty or
733nolo contendere to, or is found guilty of, regardless of
734adjudication, an offense defined in s. 784.011, s. 784.021, s.
735784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s.
736784.08, s. 784.081, s. 784.082, s. 784.083, s. 785.085, or s.
737794.011. Funds credited to the trust fund also shall include
738revenues provided by law, moneys appropriated by the
739Legislature, and grants from public or private entities.
740     (2)  The Department of Health shall establish by rule
741criteria consistent with the provisions of s. 794.055(3)(a) for
742distributing moneys from the trust fund to rape crisis centers.
743     Section 26.  Except as otherwise expressly provided in this
744act, this act shall take effect July 1, 2006.


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