1 | A bill to be entitled |
2 | An act relating to trust funds; terminating certain |
3 | specified trust funds within the Department of Agriculture |
4 | and Consumer Services and transferring the funds to other |
5 | trust funds in the department; renaming trust funds within |
6 | the Department of Agriculture and Consumer Services, the |
7 | Department of the Lottery, and the Division of |
8 | Administrative Hearings of the Department of Management |
9 | Services; transferring certain accounts within the Grants |
10 | and Donations Trust Fund of the Department of Management |
11 | Services to the Operating Trust Fund of the Department of |
12 | Management Services; amending ss. 215.20, 550.2625, |
13 | 550.2633, 570.382, 215.22, 589.277, 24.114, 24.120, |
14 | 24.121, 403.518, 403.5365, 403.9421, 552.40, 282.22, |
15 | 287.042, 287.057, and 287.1345, F.S.; conforming |
16 | provisions to changes made by the act; reenacting s. |
17 | 550.0351(4), F.S., relating to charity racing days, to |
18 | incorporate the amendments made to s. 550.2625, F.S., in a |
19 | reference thereto; reenacting ss. 43.16(1) and 570.07(41), |
20 | F.S., relating to exempting the Justice Administrative |
21 | Commission from certain fees and authorizing the use of |
22 | the on-line procurement system of the Department of |
23 | Agriculture and Consumer Services, respectively, to |
24 | incorporate the amendments made to s. 287.057, F.S., in |
25 | references thereto; amending s. 794.055, F.S.; revising |
26 | and providing definitions; requiring the Department of |
27 | Health to contract with a statewide nonprofit association |
28 | to provide assistance to rape crisis centers; providing |
29 | for distribution of funds; amending s. 794.056, F.S.; |
30 | providing for funds to be credited to the Rape Crisis |
31 | Program Trust Fund; providing effective dates. |
32 |
|
33 | Be It Enacted by the Legislature of the State of Florida: |
34 |
|
35 | Section 1. (1) The following trust funds within the |
36 | Department of Agriculture and Consumer Services are terminated: |
37 | (a) The Florida Quarter Horse Racing Promotion Trust Fund, |
38 | FLAIR number 42-2-564. All current balances remaining in the |
39 | Florida Quarter Horse Racing Promotion Trust Fund, FLAIR number |
40 | 42-2-564, and all revenues of the fund shall be transferred to |
41 | the General Inspection Trust Fund within the Department of |
42 | Agriculture and Consumer Services, FLAIR number 42-2-321. |
43 | (b) The Florida Preservation 2000 Trust Fund, FLAIR number |
44 | 42-2-332. All current balances remaining in the Florida |
45 | Preservation 2000 Trust Fund, FLAIR number 42-2-332, and all |
46 | revenues of the fund shall be transferred to the Florida Forever |
47 | Program Trust Fund within the Department of Agriculture and |
48 | Consumer Services, FLAIR number 42-2-349. |
49 | (2) The Department of Agriculture and Consumer Services |
50 | shall pay any outstanding debts and obligations of the |
51 | terminated funds as soon as practicable, and the Chief Financial |
52 | Officer shall close out and remove the terminated funds from |
53 | various state accounting systems using generally accepted |
54 | accounting principles concerning warrants outstanding, assets, |
55 | and liabilities. |
56 | Section 2. Effective July 1, 2007, the following trust |
57 | funds in the following agencies are renamed: |
58 | (1) The Contracts and Grants Trust Fund, FLAIR number 42- |
59 | 2-133, within the Department of Agriculture and Consumer |
60 | Services is renamed the Federal Grants Trust Fund. |
61 | (2) The Administrative Trust Fund, FLAIR number 36-2-021, |
62 | within the Department of the Lottery is renamed the Operating |
63 | Trust Fund. |
64 | (3) The Administrative Trust Fund, FLAIR number 7297-2- |
65 | 021, within the Division of Administrative Hearings of the |
66 | Department of Management Services is renamed the Operating Trust |
67 | Fund. |
68 | Section 3. Effective July 1, 2007, the following accounts |
69 | with the Grants and Donations Trust Fund, FLAIR number 72-2-339, |
70 | within the Department of Management Services are transferred to |
71 | the Operating Trust Fund, FLAIR number 72-2-510, within the |
72 | Department of Management Services: 72-2-339045; 72-2-339069; 72- |
73 | 2-339070; 72-2-339084; 72-2-339103; 72-2-339105; 72-2-339111; |
74 | and 72-2-339130. The Department of Management Services shall |
75 | adjust, under s. 215.32(2)(b), Florida Statutes, its internal |
76 | accounting consistent with the requirements of this section and |
77 | shall take any other budgetary action necessary to implement |
78 | this section. |
79 | Section 4. Paragraph (a) of subsection (2) and paragraph |
80 | (c) of subsection (4) of section 215.20, Florida Statutes, are |
81 | amended to read: |
82 | 215.20 Certain income and certain trust funds to |
83 | contribute 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 |
86 | Department of Agriculture and Consumer Services, including funds |
87 | collected in the General Inspection Trust Fund for marketing |
88 | orders and in the Florida Citrus Advertising Trust Fund, shall |
89 | be subject to a 3-percent service charge, which is hereby |
90 | appropriated to the General Revenue Fund. This paragraph does |
91 | not apply to the Conservation and Recreation Lands Program Trust |
92 | Fund, the Florida Quarter Horse Racing Promotion Trust Fund, the |
93 | Citrus Inspection Trust Fund, the Florida Forever Program Trust |
94 | Fund, the Florida Preservation 2000 Trust Fund, the Market |
95 | Improvements Working Capital Trust Fund, the Pest Control Trust |
96 | Fund, the Plant Industry Trust Fund, or other funds collected in |
97 | the General Inspection Trust Fund in the Department of |
98 | Agriculture and Consumer Services. |
99 | (4) The income of a revenue nature deposited in the |
100 | following described trust funds, by whatever name designated, is |
101 | that from which the appropriations authorized by subsection (3) |
102 | shall be made: |
103 | (c) Within the Department of Agriculture and Consumer |
104 | Services: |
105 | 1. The Conservation and Recreation Lands Program Trust |
106 | Fund. |
107 | 2. The Florida Quarter Horse Racing Promotion Trust Fund. |
108 | 2.3. The General Inspection Trust Fund and subsidiary |
109 | accounts thereof, unless a different percentage is authorized by |
110 | s. 570.20. |
111 | 3.4. The Division of Licensing Trust Fund. |
112 |
|
113 | The enumeration of the foregoing moneys or trust funds shall not |
114 | prohibit the applicability thereto of s. 215.24 should the |
115 | Governor determine that for the reasons mentioned in s. 215.24 |
116 | the money or trust funds should be exempt herefrom, as it is the |
117 | purpose of this law to exempt income from its force and effect |
118 | when, by the operation of this law, federal matching funds or |
119 | contributions or private grants to any trust fund would be lost |
120 | to the state. |
121 | Section 5. Subsections (7) and (8) of section 550.2625, |
122 | Florida Statutes, are amended to read: |
123 | 550.2625 Horseracing; minimum purse requirement, Florida |
124 | breeders' and owners' awards.-- |
125 | (7)(a) Each permitholder that conducts race meets under |
126 | this chapter and runs Appaloosa races shall pay to the division |
127 | a sum equal to the breaks plus a sum equal to 1 percent of the |
128 | total contributions to each pari-mutuel pool conducted on each |
129 | Appaloosa race. The Such payments shall be remitted to the |
130 | division by the 5th day of each calendar month for sums accruing |
131 | during the preceding calendar month. |
132 | (b) The division shall deposit these collections to the |
133 | credit of the General Inspection Florida Quarter Horse Racing |
134 | Promotion Trust Fund in a special account to be known as the |
135 | "Florida Appaloosa Racing Promotion Account Fund." The |
136 | Department of Agriculture and Consumer Services shall administer |
137 | the funds and adopt suitable and reasonable rules for the |
138 | administration thereof. The moneys in the Florida Appaloosa |
139 | Racing Promotion Account Fund shall be allocated solely for |
140 | supplementing and augmenting purses and prizes and for the |
141 | general promotion of owning and breeding of racing Appaloosas in |
142 | this state; and the such moneys may not be used to defray any |
143 | expense of the Department of Agriculture and Consumer Services |
144 | in the administration of this chapter. |
145 | (8)(a) Each permitholder that conducts race meets under |
146 | this chapter and runs Arabian horse races shall pay to the |
147 | division a sum equal to the breaks plus a sum equal to 1 percent |
148 | of the total contributions to each pari-mutuel pool conducted on |
149 | each Arabian horse race. The Such payments shall be remitted to |
150 | the division by the 5th day of each calendar month for sums |
151 | accruing during the preceding calendar month. |
152 | (b) The division shall deposit these collections to the |
153 | credit of the General Inspection Florida Quarter Horse Racing |
154 | Promotion Trust Fund in a special account to be known as the |
155 | "Florida Arabian Horse Racing Promotion Account Fund." The |
156 | Department of Agriculture and Consumer Services shall administer |
157 | the funds and adopt suitable and reasonable rules for the |
158 | administration thereof. The moneys in the Florida Arabian Horse |
159 | Racing Promotion Account Fund shall be allocated solely for |
160 | supplementing and augmenting purses and prizes and for the |
161 | general promotion of owning and breeding of racing Arabian |
162 | horses in this state; and the such moneys may not be used to |
163 | defray any expense of the Department of Agriculture and Consumer |
164 | Services in the administration of this chapter, except that the |
165 | moneys generated by Arabian horse registration fees received |
166 | pursuant 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 |
169 | Statutes, is amended to read: |
170 | 550.2633 Horseracing; distribution of abandoned interest |
171 | in or contributions to pari-mutuel pools.-- |
172 | (2) All moneys or other property which has escheated to |
173 | and become the property of the state as provided herein and |
174 | which is held by a permitholder authorized to conduct pari- |
175 | mutuel pools in this state shall be paid annually by the |
176 | permitholder to the recipient designated in this subsection |
177 | within 60 days after the close of the race meeting of the |
178 | permitholder. Section 550.1645 notwithstanding, the such moneys |
179 | shall be paid by the permitholder as follows: |
180 | (a) Funds from any harness horse races shall be paid to |
181 | the Florida Standardbred Breeders and Owners Association and |
182 | shall be used for the payment of breeders' awards, stallion |
183 | awards, stallion stakes, additional purses, and prizes for, and |
184 | for the general promotion of owning and breeding of, Florida- |
185 | bred standardbred horses, as provided for in s. 550.2625. |
186 | (b) Except as provided in paragraph (c), funds from |
187 | quarter horse races shall be paid to the Florida Quarter Horse |
188 | Breeders and Owners Association and shall be allocated solely |
189 | for supplementing and augmenting purses and prizes and for the |
190 | general promotion of owning and breeding of racing quarter |
191 | horses in this state, as provided for in s. 550.2625. |
192 | (c) Funds for Arabian horse races conducted under a |
193 | quarter horse racing permit shall be deposited into the General |
194 | Inspection Florida Quarter Horse Racing Promotion Trust Fund in |
195 | a special account to be known as the "Florida Arabian Horse |
196 | Racing Promotion Account Fund" and shall be used for the payment |
197 | of breeders' awards and stallion awards as provided for in s. |
198 | 570.382. |
199 | Section 7. Section 570.382, Florida Statutes, is amended |
200 | to read: |
201 | 570.382 Arabian horse racing; breeders' and stallion |
202 | awards; Arabian Horse Council; horse registration fees; Florida |
203 | Arabian Horse Racing Promotion Account Fund.-- |
204 | (1) LEGISLATIVE FINDINGS.--It is the finding of the |
205 | Legislature that: |
206 | (a) Breed improvement is an important factor in |
207 | encouraging Arabian horse racing in this state. |
208 | (b) Acquisition and maintenance of Arabian horse breeding |
209 | farms in this state will greatly enhance the tax revenues |
210 | derived by the state and counties. |
211 | (c) Many jobs will be created through the encouragement of |
212 | the Arabian horse breeding industry in this state, thereby |
213 | supplying much needed taxes and revenues to the state and |
214 | counties. |
215 | (d) By encouraging Arabian horse breeding farms, better |
216 | horses will be available for racing, thereby increasing the |
217 | pari-mutuel handle which will increase taxes for the state and |
218 | counties. |
219 | (2) POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE AND |
220 | CONSUMER SERVICES.--The Department of Agriculture and Consumer |
221 | Services shall administer this section and have the following |
222 | powers and duties: |
223 | (a) To establish a registry for Florida-bred Arabian |
224 | horses on a voluntary basis. |
225 | (b) To make Arabian horse breeders' and stallion awards |
226 | available to qualified individuals from funds derived from the |
227 | Florida Arabian Horse Racing Promotion Account Fund under the |
228 | authority of ss. 550.2625(8) and 550.2633 and under rules |
229 | adopted. |
230 | (c) To establish a stallion award program. In order for |
231 | the owner of the sire of a Florida-bred Arabian horse to be |
232 | eligible for a stallion award, the following requirements must |
233 | be met: |
234 | 1. The stallion shall stand permanently in the state. |
235 | 2. If the stallion is dead, it shall have stood |
236 | permanently in the state for the year immediately prior to its |
237 | death. |
238 | 3. The removal of a stallion from this state for the |
239 | purpose of breeding shall bar the owner of the stallion from |
240 | receiving a stallion award for offspring sired in the state in |
241 | the breeding season commencing January 1st of the year of the |
242 | stallion's removal. |
243 | 4. If a removed stallion is returned to the state, all |
244 | offspring sired in the state subsequent to the stallion's return |
245 | shall 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 |
248 | time. |
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 |
255 | of seven members as follows: |
256 | 1. A representative of the Department of Agriculture and |
257 | Consumer Services designated by the commissioner. |
258 | 2. Six members appointed by the Department of Agriculture |
259 | and Consumer Services, the majority of whom must be Florida |
260 | breeders of racing Arabian horses. |
261 | (b) Each member shall serve for a term of 4 years from |
262 | date of appointment. |
263 | (c) At the first organizational meeting of the council, |
264 | there shall be elected a chair from the membership, and each 2 |
265 | years thereafter the council shall elect a chair from its then- |
266 | constituted membership. The member representing the Department |
267 | of Agriculture and Consumer Services shall be secretary of the |
268 | council. |
269 | (d) Members of the council shall receive no compensation |
270 | for their services, except that they shall receive per diem and |
271 | travel expenses as provided in s. 112.061 when actually engaged |
272 | in the business of the council. |
273 | (e) The council shall have the following powers and |
274 | duties: |
275 | 1. To recommend rules. |
276 | 2. To receive and report to the Department of Agriculture |
277 | and Consumer Services complaints or violations of this section. |
278 | 3. To assist the Department of Agriculture and Consumer |
279 | Services in the collection of information that the Department of |
280 | Agriculture and Consumer Services deems necessary to the proper |
281 | administration of this section. |
282 | (4) FRAUDULENT ACTS AND MISREPRESENTATIONS.--Any person |
283 | who registers unqualified horses or misrepresents information in |
284 | any way shall be denied any future participation in breeders' |
285 | and stallion awards, and all horses misrepresented will no |
286 | longer be deemed to be Florida-bred. |
287 | (5) REGISTRATION FEES TRUST FUND.-- |
288 | (a) To provide funds to defray the necessary expenses |
289 | incurred by the Department of Agriculture and Consumer Services |
290 | in the administration of this section: |
291 | 1. Owners who participate in this program for Florida-bred |
292 | Arabian foals under 1 year of age shall pay to the Department of |
293 | Agriculture and Consumer Services a registration fee in the |
294 | amount of $25 per horse. |
295 | 2. Owners who participate in this program for Florida-bred |
296 | Arabian yearlings from 1 to 2 years of age shall pay to the |
297 | Department of Agriculture and Consumer Services a registration |
298 | fee in the amount of $50 per horse. |
299 | 3. Owners who participate in this program for Florida-bred |
300 | Arabian horses 2 years of age or over shall pay to the |
301 | Department of Agriculture and Consumer Services a registration |
302 | fee in the amount of $250 per horse. |
303 | 4. The Department of Agriculture and Consumer Services |
304 | shall charge the stallion owner a reasonable fee set by rule, |
305 | not to exceed $100 annually, to cover all costs incurred for the |
306 | stallion award program. |
307 | (b) The fees collected under this subsection shall be |
308 | deposited in the General Inspection Florida Quarter Horse Racing |
309 | Promotion Trust Fund in a special account to be known as the |
310 | "Florida Arabian Horse Racing Promotion Account Fund," and the |
311 | necessary expenses incurred by the Department of Agriculture and |
312 | Consumer Services in the administration of this section shall be |
313 | paid out of the account fund only up to the amount of deposited |
314 | registration fees. |
315 | Section 8. Paragraph (m) of subsection (1) of section |
316 | 215.22, 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 |
319 | following trust funds shall be exempt from the appropriation |
320 | required by s. 215.20(1): |
321 | (m) The following trust funds administered by the |
322 | Department 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 |
330 | Statutes, is amended to read: |
331 | 589.277 Tree planting programs.-- |
332 | (2) Contributions from governmental and private sources |
333 | for tree planting programs may be accepted into the Federal |
334 | Contracts and Grants Trust Fund. |
335 | Section 10. Effective July 1, 2007, subsection (3) of |
336 | section 24.114, Florida Statutes, is amended to read: |
337 | 24.114 Bank deposits and control of lottery |
338 | transactions.-- |
339 | (3) Each retailer is liable to the department for any and |
340 | all tickets accepted or generated by any employee or |
341 | representative of that retailer, and the such tickets shall be |
342 | deemed to have been purchased by the retailer unless returned to |
343 | the department within the time and in the manner prescribed by |
344 | the department. All moneys received by such retailers from the |
345 | sale of lottery tickets, less the amount retained as |
346 | compensation for the sale of tickets and the amount paid out as |
347 | prizes by the retailer, shall be held in trust prior to delivery |
348 | to the department or electronic transfer to the Operating |
349 | Administrative Trust Fund. |
350 | Section 11. Effective July 1, 2007, section 24.120, |
351 | Florida Statutes, is amended to read: |
352 | 24.120 Financial matters; Operating Administrative Trust |
353 | Fund; interagency cooperation.-- |
354 | (1) There is hereby created in the State Treasury an |
355 | Operating Administrative Trust Fund to be administered in |
356 | accordance with chapters 215 and 216 by the department. All |
357 | money received by the department which remains after payment of |
358 | prizes and initial compensation paid to retailers shall be |
359 | deposited into the Operating Administrative Trust Fund. All |
360 | moneys in the trust fund are appropriated to the department for |
361 | the purposes specified in this act. |
362 | (2) Moneys available for the payment of prizes on a |
363 | deferred basis shall be invested by the State Board of |
364 | Administration in accordance with a trust agreement approved by |
365 | the secretary and entered into between the department and the |
366 | State Board of Administration in accordance with ss. 215.44- |
367 | 215.53. The investments authorized by this subsection shall be |
368 | done in a manner designed to preserve capital and to ensure the |
369 | integrity of the lottery disbursement system by eliminating the |
370 | risk of payment of funds when due and to produce equal annual |
371 | sums of money over the required term of the investments. |
372 | (3) Any action required by law to be taken by the Chief |
373 | Financial Officer shall be taken within 2 business days after |
374 | the department's request therefor. If the request for such |
375 | action is not approved or rejected within that time such period, |
376 | the request shall be deemed to be approved. The department shall |
377 | reimburse the Chief Financial Officer for any additional costs |
378 | involved in providing the level of service required by this |
379 | subsection. |
380 | (4) The department shall cooperate with the Chief |
381 | Financial Officer, the Auditor General, and the Office of |
382 | Program Policy Analysis and Government Accountability by giving |
383 | employees designated by any of them access to facilities of the |
384 | department for the purpose of efficient compliance with their |
385 | respective responsibilities. |
386 | (5) With respect to any reimbursement that the department |
387 | is required to pay to any state agency, the department may enter |
388 | into an agreement with a such state agency under which the |
389 | department shall pay to the such state agency an amount |
390 | reasonably anticipated to cover the such reimbursable expenses |
391 | in advance of the such expenses being incurred. |
392 | (6) The Department of Management Services may authorize a |
393 | sales incentive program for employees of the department for the |
394 | purpose of increasing the sales volume and distribution of |
395 | lottery tickets. Payments pursuant to the such program shall not |
396 | be 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 |
400 | public education.-- |
401 | (3) The funds remaining in the Operating Administrative |
402 | Trust Fund after transfers to the Educational Enhancement Trust |
403 | Fund shall be used for the payment of administrative expenses of |
404 | the department. These expenses shall include all costs incurred |
405 | in the operation and administration of the lottery and all costs |
406 | resulting from any contracts entered into for the purchase or |
407 | lease of goods or services required by the lottery, including, |
408 | but not limited to: |
409 | (a) The compensation paid to retailers; |
410 | (b) The costs of supplies, materials, tickets, independent |
411 | audit services, independent studies, data transmission, |
412 | advertising, promotion, incentives, public relations, |
413 | communications, security, bonding for retailers, printing, |
414 | distribution of tickets, and reimbursing other governmental |
415 | entities for services provided to the lottery; and |
416 | (c) The costs of any other goods and services necessary |
417 | for effectuating the purposes of this act. |
418 | (4) The unencumbered balance that which remains in the |
419 | Operating Administrative Trust Fund at the end of each fiscal |
420 | year shall be transferred to the Educational Enhancement Trust |
421 | Fund. |
422 | Section 13. Effective July 1, 2007, paragraphs (b), (c), |
423 | and (d) of subsection (1) of section 403.518, Florida Statutes, |
424 | are amended to read: |
425 | 403.518 Fees; disposition.-- |
426 | (1) The department shall charge the applicant the |
427 | following fees, as appropriate, which shall be paid into the |
428 | Florida Permit Fee Trust Fund: |
429 | (b) An application fee, which shall not exceed $200,000. |
430 | The fee shall be fixed by rule on a sliding scale related to the |
431 | size, type, ultimate site capacity, increase in generating |
432 | capacity proposed by the application, or the number and size of |
433 | local governments in whose jurisdiction the electrical power |
434 | plant is located. |
435 | 1. Sixty percent of the fee shall go to the department to |
436 | cover any costs associated with reviewing and acting upon the |
437 | application, to cover any field services associated with |
438 | monitoring construction and operation of the facility, and to |
439 | cover the costs of the public notices published by the |
440 | department. |
441 | 2. Twenty percent of the fee or $25,000, whichever is |
442 | greater, shall be transferred to the Operating Administrative |
443 | Trust Fund of the Division of Administrative Hearings of the |
444 | Department of Management Services. |
445 | 3. Upon written request with proper itemized accounting |
446 | within 90 days after final agency action by the board or |
447 | withdrawal of the application, the department shall reimburse |
448 | the Department of Community Affairs, the Fish and Wildlife |
449 | Conservation Commission, and any water management district |
450 | created pursuant to chapter 373, regional planning council, and |
451 | local government in the jurisdiction of which the proposed |
452 | electrical power plant is to be located, and any other agency |
453 | from which the department requests special studies pursuant to |
454 | s. 403.507(2)(a)7. The Such reimbursement shall be authorized |
455 | for the preparation of any studies required of the agencies by |
456 | this act, and for agency travel and per diem to attend any |
457 | hearing held pursuant to this act, and for local governments to |
458 | participate in the proceedings. In the event the amount |
459 | available for allocation is insufficient to provide for complete |
460 | reimbursement to the agencies, reimbursement shall be on a |
461 | prorated basis. |
462 | 4. If any sums are remaining, the department shall retain |
463 | them for its use in the same manner as is otherwise authorized |
464 | by this act; provided, however, that if the certification |
465 | application is withdrawn, the remaining sums shall be refunded |
466 | to the applicant within 90 days after withdrawal. |
467 | (c) A certification modification fee, which shall not |
468 | exceed $30,000. The fee shall be submitted to the department |
469 | with a formal petition for modification to the department |
470 | pursuant to s. 403.516. This fee shall be established, |
471 | disbursed, and processed in the same manner as the application |
472 | fee in paragraph (b), except that the Division of Administrative |
473 | Hearings shall not receive a portion of the fee unless the |
474 | petition for certification modification is referred to the |
475 | Division of Administrative Hearings for hearing. If the petition |
476 | is so referred, only $10,000 of the fee shall be transferred to |
477 | the Operating Administrative Trust Fund of the Division of |
478 | Administrative Hearings of the Department of Management |
479 | Services. The fee for a modification by agreement filed pursuant |
480 | to s. 403.516(1)(b) shall be $10,000 to be paid upon the filing |
481 | of the request for modification. Any sums remaining after |
482 | payment of authorized costs shall be refunded to the applicant |
483 | within 90 days of issuance or denial of the modification or |
484 | withdrawal of the request for modification. |
485 | (d) A supplemental application fee, not to exceed $75,000, |
486 | to cover all reasonable expenses and costs of the review, |
487 | processing, and proceedings of a supplemental application. This |
488 | fee shall be established, disbursed, and processed in the same |
489 | manner as the certification application fee in paragraph (b), |
490 | except that only $20,000 of the fee shall be transferred to the |
491 | Operating Administrative Trust Fund of the Division of |
492 | Administrative Hearings of the Department of Management |
493 | Services. |
494 | Section 14. Effective July 1, 2007, paragraph (b) of |
495 | subsection (1) of section 403.5365, Florida Statutes, is amended |
496 | to read: |
497 | 403.5365 Fees; disposition.--The department shall charge |
498 | the applicant the following fees, as appropriate, which shall be |
499 | paid into the Florida Permit Fee Trust Fund: |
500 | (1) An application fee of $100,000, plus $750 per mile for |
501 | each mile of corridor in which the transmission line right-of- |
502 | way is proposed to be located within an existing electrical |
503 | transmission line right-of-way or within any existing right-of- |
504 | way for any road, highway, railroad, or other aboveground linear |
505 | facility, or $1,000 per mile for each mile of transmission line |
506 | corridor proposed to be located outside the such existing right- |
507 | of-way. |
508 | (b) Twenty percent of the fees specified under this |
509 | section, except postcertification fees, shall be transferred to |
510 | the Operating Administrative Trust Fund of the Division of |
511 | Administrative Hearings of the Department of Management |
512 | Services. |
513 | Section 15. Effective July 1, 2007, paragraph (b) of |
514 | subsection (5) of section 403.9421, Florida Statutes, is amended |
515 | to read: |
516 | 403.9421 Fees; disposition.--The department shall charge |
517 | the applicant the following fees, as appropriate, which shall be |
518 | paid into the Florida Permit Fee Trust Fund: |
519 | (5) In administering fee revenues received under this |
520 | section, the department shall allocate the funds as follows: |
521 | (b) Sixteen percent of the fees specified under this |
522 | section, except for postcertification fees, shall be transferred |
523 | to the Operating Administrative Trust Fund of the Division of |
524 | Administrative Hearings to cover its costs associated with |
525 | reviewing and hearing applications, amendments, modifications, |
526 | and disputes related to ss. 403.9401-403.9425. |
527 | Section 16. Effective July 1, 2007, subsection (11) of |
528 | section 552.40, Florida Statutes, is amended to read: |
529 | 552.40 Administrative remedy for alleged damage due to the |
530 | use of explosives in connection with construction materials |
531 | mining activities.-- |
532 | (11) The filing fees paid pursuant to subsection (1) shall |
533 | be deposited into the Operating Administrative Trust Fund of the |
534 | Division of Administrative Hearings to defray the expenses and |
535 | costs associated with the administration of ss. 552.32-552.44. |
536 | Section 17. Effective July 1, 2007, subsection (4) of |
537 | section 282.22, Florida Statutes, is amended to read: |
538 | 282.22 State Technology Office; production, dissemination, |
539 | and ownership of materials and products.-- |
540 | (4) All proceeds from the sale of such materials and |
541 | products or other money collected pursuant to this section shall |
542 | be deposited into the Operating Grants and Donations Trust Fund |
543 | of the office and, when properly budgeted as approved by the |
544 | Legislature and the Executive Office of the Governor, used to |
545 | pay the cost of producing and disseminating materials and |
546 | products to carry out the intent of this section. |
547 | Section 18. Effective July 1, 2007, paragraph (h) of |
548 | subsection (1) and paragraphs (b) and (c) of subsection (15) of |
549 | section 287.042, Florida Statutes, are amended to read: |
550 | 287.042 Powers, duties, and functions.--The department |
551 | shall have the following powers, duties, and functions: |
552 | (1) |
553 | (h) The department may collect fees for the use of its |
554 | electronic information services. The fees may be imposed on an |
555 | individual transaction basis or as a fixed subscription for a |
556 | designated period of time. At a minimum, the fees shall be |
557 | determined in an amount sufficient to cover the department's |
558 | projected costs of the such services, including overhead in |
559 | accordance with the policies of the Department of Management |
560 | Services for computing its administrative assessment. All fees |
561 | collected under pursuant to this paragraph shall be deposited in |
562 | the Operating Grants and Donations Trust Fund for disbursement |
563 | as provided by law. |
564 | (15) |
565 | (b) Each agency that has been appropriated or has existing |
566 | funds for the such purchases, shall, upon contract award by the |
567 | department, transfer their portion of the funds into the |
568 | department's Operating Grants and Donations Trust Fund for |
569 | payment by the department. These funds shall be transferred by |
570 | the Executive Office of the Governor pursuant to the agency |
571 | budget amendment request provisions in chapter 216. |
572 | (c) Agencies that sign the such joint agreements are |
573 | financially obligated for their portion of the agreed-upon |
574 | funds. If any agency becomes more than 90 days delinquent in |
575 | paying the such funds, the department shall certify to the Chief |
576 | Financial Officer the amount due, and the Chief Financial |
577 | Officer shall transfer the amount due to the Operating Grants |
578 | and Donations Trust Fund of the department from any of the |
579 | agency's available funds. The Chief Financial Officer shall |
580 | report all of these such transfers and the reasons for the such |
581 | transfers to the Executive Office of the Governor and the |
582 | legislative appropriations committees. |
583 | Section 19. Effective July 1, 2007, paragraph (c) of |
584 | subsection (23) of section 287.057, Florida Statutes, is amended |
585 | to read: |
586 | 287.057 Procurement of commodities or contractual |
587 | services.-- |
588 | (23) |
589 | (c)1. The department may impose and shall collect all fees |
590 | for the use of the on-line procurement systems. The Such fees |
591 | may be imposed on an individual transaction basis or as a fixed |
592 | percentage of the cost savings generated. At a minimum, the fees |
593 | must be set in an amount sufficient to cover the projected costs |
594 | of the such services, including administrative and project |
595 | service costs in accordance with the policies of the department. |
596 | All fees and surcharges collected under this paragraph shall be |
597 | deposited in the Operating Grants and Donations Trust Fund as |
598 | provided by law. |
599 | 2. If the department contracts with a provider for on-line |
600 | procurement, the department, pursuant to appropriation, shall |
601 | compensate the provider from the such fees after the department |
602 | has satisfied all ongoing costs. The provider shall report |
603 | transaction data to the department each month so that the |
604 | department may determine the amount due and payable to the |
605 | department from each vendor. |
606 | 3. All fees that are due and payable to the state on a |
607 | transactional basis or as a fixed percentage of the cost savings |
608 | generated are subject to s. 215.31 and must be remitted within |
609 | 40 days after receipt of payment for which the such fees are |
610 | due. For any fees that are not remitted within 40 days, the |
611 | vendor shall pay interest at the rate established under s. |
612 | 55.03(1) on the unpaid balance from the expiration of the 40-day |
613 | period until the fees are remitted. |
614 | Section 20. Effective July 1, 2007, section 287.1345, |
615 | Florida Statutes, is amended to read: |
616 | 287.1345 Surcharge on users of state term contracts; |
617 | deposit of proceeds collected.--The department may impose a |
618 | surcharge upon users of state term contracts in order to fund |
619 | the costs, including overhead, of its procurement function. The |
620 | department may provide for the state term contract vendor to |
621 | collect the surcharge or directly collect the fee from the |
622 | public agency or eligible user involved. For the purpose of |
623 | compensating vendors for expenses incurred in collecting the |
624 | such fees, the department may authorize a vendor to retain a |
625 | portion of the fees. The vendor may withhold the portion |
626 | retained from the amount of fees to be remitted to the |
627 | department. The department may negotiate the retainage as a |
628 | percentage of the such fees charged to users, as a flat amount, |
629 | or as any other method the department deems feasible. Vendors |
630 | shall maintain accurate sales summaries for purchases made from |
631 | state term contracts and shall provide the summaries to the |
632 | department on a quarterly basis. Any contract remedies relating |
633 | to the collection of the such fees from users through vendors |
634 | are enforceable, including, but not limited to, liquidated |
635 | damages, late fees, and the costs of collection, including |
636 | attorney's fees. The fees collected pursuant to this section |
637 | shall be deposited into the Operating Grants and Donations Trust |
638 | Fund of the department and are subject to appropriation as |
639 | provided by law. The Executive Office of the Governor may exempt |
640 | transactions from the payment of the surcharge if payment of the |
641 | such surcharge would cause the state, a political subdivision, |
642 | or unit of local government to lose federal funds or in other |
643 | cases where the such exemption is in the public interest. The |
644 | fees collected pursuant to this section and interest income on |
645 | the such fees shall not be deemed to be income of a revenue |
646 | nature for purposes of chapter 215. |
647 | Section 21. For the purpose of incorporating the |
648 | amendments made by this act to section 550.2625, Florida |
649 | Statutes, in a reference thereto, subsection (4) of section |
650 | 550.0351, 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 |
653 | charity day performance must include all revenues derived from |
654 | the conduct of that racing performance, including all state |
655 | taxes that would otherwise be due to the state, except that the |
656 | daily license fee as provided in s. 550.0951(1) and the breaks |
657 | for 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 |
659 | revenues from the charity racing performance, including the |
660 | commissions, breaks, and admissions and the revenues from |
661 | parking, programs, and concessions, shall be included in the |
662 | total of all profits. |
663 | Section 22. Effective July 1, 2007, for the purpose of |
664 | incorporating the amendments made by this act to section |
665 | 287.057, 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, |
668 | powers and duties.-- |
669 | (1) There is hereby created a Justice Administrative |
670 | Commission, with headquarters located in the state capital. The |
671 | necessary office space for use of the commission shall be |
672 | furnished by the proper state agency in charge of state |
673 | buildings. For purposes of the fees imposed on agencies pursuant |
674 | to s. 287.057(23), the Justice Administrative Commission shall |
675 | be exempt from such fees. |
676 | Section 23. Effective July 1, 2007, for the purpose of |
677 | incorporating the amendments made by this act to section |
678 | 287.057, 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; |
681 | functions, powers, and duties.--The department shall have and |
682 | exercise the following functions, powers, and duties: |
683 | (41) Notwithstanding the provisions of s. 287.057(23)(a) |
684 | that require all agencies to use the on-line procurement system |
685 | developed by the Department of Management Services, the |
686 | department may continue to use its own on-line system. However, |
687 | vendors utilizing such system shall be prequalified as meeting |
688 | mandatory requirements and qualifications and shall remit fees |
689 | pursuant to s. 287.057(23), and any rules implementing s. |
690 | 287.057. |
691 | Section 24. Paragraph (d) of subsection (2) of section |
692 | 794.055, Florida Statutes, is amended, present paragraphs (h) |
693 | and (i) of that subsection are redesignated as paragraphs (i) |
694 | and (j), respectively, a new paragraph (h) is added to that |
695 | subsection, and paragraphs (a) and (b) of subsection (3) of that |
696 | section are amended, to read: |
697 | 794.055 Access to services for victims of sexual |
698 | battery.-- |
699 | (2) As used in this section, the term: |
700 | (d) "Rape crisis center" means any public or private |
701 | agency that provides offers at least five of the sexual battery |
702 | recovery services in paragraph (g) to victims of sexual battery |
703 | and their families and is certified by the statewide nonprofit |
704 | association. |
705 | (h) "Statewide nonprofit association" means the federally |
706 | recognized sexual assault coalition whose primary purpose is to |
707 | represent and provide technical assistance to rape crisis |
708 | centers. |
709 | (3)(a) The department shall contract with the a statewide |
710 | nonprofit association whose primary purpose is to represent and |
711 | provide technical assistance to rape crisis centers. The |
712 | statewide nonprofit This association shall receive 95 percent of |
713 | the moneys appropriated from the Rape Crisis Program Trust Fund. |
714 | (b) Funds received under s. 938.085 shall be used to |
715 | provide sexual battery recovery services to victims and their |
716 | families. Funds shall be distributed to rape crisis centers by |
717 | county, based on an allocation formula that takes into account |
718 | the population and rural characteristics of each the county. No |
719 | more than 15 percent of the funds shall be used for statewide |
720 | initiatives, including developing service standards and a |
721 | certification process for rape crisis centers. No more than 5 |
722 | percent of the funds may be used for administrative costs. |
723 | Section 25. Section 794.056, Florida Statutes, is amended |
724 | to read: |
725 | 794.056 Rape Crisis Program Trust Fund.-- |
726 | (1) The Rape Crisis Program Trust Fund is created within |
727 | the Department of Health for the purpose of providing funds for |
728 | rape crisis centers in this state. Trust fund moneys shall be |
729 | used exclusively for the purpose of providing services for |
730 | victims of sexual assault. Funds credited to the trust fund |
731 | consist of those funds collected as an additional court |
732 | assessment in each case in which a defendant pleads guilty or |
733 | nolo contendere to, or is found guilty of, regardless of |
734 | adjudication, an offense defined in s. 784.011, s. 784.021, s. |
735 | 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. |
736 | 784.08, s. 784.081, s. 784.082, s. 784.083, s. 785.085, or s. |
737 | 794.011. Funds credited to the trust fund also shall include |
738 | revenues provided by law, moneys appropriated by the |
739 | Legislature, and grants from public or private entities. |
740 | (2) The Department of Health shall establish by rule |
741 | criteria consistent with the provisions of s. 794.055(3)(a) for |
742 | distributing moneys from the trust fund to rape crisis centers. |
743 | Section 26. Except as otherwise expressly provided in this |
744 | act, this act shall take effect July 1, 2006. |