Senate Bill sb0826c1

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    Florida Senate - 2006                            CS for SB 826

    By the Committee on General Government Appropriations; and
    Senator Clary




    601-2143-06

  1                      A bill to be entitled

  2         An act relating to trust funds; terminating

  3         certain specified trust funds within the

  4         Department of Agriculture and Consumer Services

  5         and transferring the funds to other trust funds

  6         in the department; renaming trust funds within

  7         the Department of Agriculture and Consumer

  8         Services, the Department of the Lottery, and

  9         the Division of Administrative Hearings in the

10         Department of Management Services; transferring

11         certain accounts within the Grants and

12         Donations Trust Fund of the Department of

13         Management Services to the Operating Trust Fund

14         of the Department of Management Services;

15         amending ss. 215.20, 550.2625, 550.2633,

16         570.382, 215.22, 589.277, 24.114, 24.120,

17         24.121, 403.518, 403.5365, 403.9421, 552.40,

18         282.22, 287.042, 287.1345, and 287.057, F.S.;

19         conforming provisions to changes made by the

20         act; reenacting s. 550.0351(4), F.S., relating

21         to charity racing days, to incorporate the

22         amendments made to s. 550.2625, F.S., in a

23         reference thereto; reenacting ss. 43.16(1) and

24         570.07(41), F.S., relating to exempting the

25         Justice Administrative Commission from certain

26         fees and authorizing the use of the on-line

27         procurement system of the Department of

28         Agriculture and Consumer Services,

29         respectively, to incorporate the amendments

30         made to s. 287.057, F.S., in references

31         thereto; providing effective dates.

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    Florida Senate - 2006                            CS for SB 826
    601-2143-06




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  (1)  The following trust funds within the

 4  Department of Agriculture and Consumer Services are

 5  terminated:

 6         (a)  The Florida Quarter Horse Racing Promotion Trust

 7  Fund, FLAIR number 42-2-564. All current balances remaining in

 8  the Florida Quarter Horse Racing Promotion Trust Fund, FLAIR

 9  number 42-2-564, and all revenues of the fund shall be

10  transferred to the General Inspection Trust Fund within the

11  Department of Agriculture and Consumer Services, FLAIR number

12  42-2-321.

13         (b)  The Florida Preservation 2000 Trust Fund, FLAIR

14  number 42-2-332. All current balances remaining in the Florida

15  Preservation 2000 Trust Fund, FLAIR number 42-2-332, and all

16  revenues of the fund shall be transferred to the Florida

17  Forever Program Trust Fund within the Department of

18  Agriculture and Consumer Services, FLAIR number 42-2-349.

19         (2)  The Department of Agriculture and Consumer

20  Services shall pay any outstanding debts and obligations of

21  the terminated funds as soon as practicable, and the Chief

22  Financial Officer shall close out and remove the terminated

23  funds from various state accounting systems using generally

24  accepted accounting principles concerning warrants

25  outstanding, assets, and liabilities.

26         Section 2.  Effective July 1, 2007, the following trust

27  funds in the following agencies are renamed:

28         (1)  Contracts and Grants Trust Fund, FLAIR number

29  42-2-133, within the Department of Agriculture and Consumer

30  Services is renamed the Federal Grants Trust Fund.

31  

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    Florida Senate - 2006                            CS for SB 826
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 1         (2)  The Administrative Trust Fund, FLAIR number

 2  36-2-021, within the Department of the Lottery is renamed the

 3  Operating Trust Fund.

 4         (3)  The Administrative Trust Fund, FLAIR number

 5  72-2-021, of the Division of Administrative Hearings of the

 6  Department of Management Services is renamed the Operating

 7  Trust Fund.

 8         Section 3.  Effective July 1, 2007, the following

 9  accounts within the Grants and Donations Trust Fund, FLAIR

10  number 72-2-339, within the Department of Management Services

11  are transferred to the Operating Trust Fund, FLAIR number

12  72-2-510, within the Department of Management Services:

13  72-2-339045; 72-2-339069; 72-2-339070; 72-2-339084;

14  72-2-339103; 72-2-339105; 72-2-339111; and 72-2-339130. The

15  Department of Management Services shall adjust, pursuant to s.

16  215.32(2)(b), Florida Statutes, its internal accounting

17  consistent with the requirements of this section and shall

18  take any other budgetary action necessary to implement this

19  section.

20         Section 4.  Paragraph (a) of subsection (2) and

21  paragraph (c) of subsection (4) of section 215.20, Florida

22  Statutes, are amended to read:

23         215.20  Certain income and certain trust funds to

24  contribute to the General Revenue Fund.--

25         (2)  Notwithstanding the provisions of subsection (1):

26         (a)  The trust funds of the Department of Citrus and

27  the Department of Agriculture and Consumer Services, including

28  funds collected in the General Inspection Trust Fund for

29  marketing orders and in the Florida Citrus Advertising Trust

30  Fund, shall be subject to a 3-percent service charge, which is

31  hereby appropriated to the General Revenue Fund.  This

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    Florida Senate - 2006                            CS for SB 826
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 1  paragraph does not apply to the Conservation and Recreation

 2  Lands Program Trust Fund, the Florida Quarter Horse Racing

 3  Promotion Trust Fund, the Citrus Inspection Trust Fund, the

 4  Florida Forever Program Trust Fund, the Florida Preservation

 5  2000 Trust Fund, the Market Improvements Working Capital Trust

 6  Fund, the Pest Control Trust Fund, the Plant Industry Trust

 7  Fund, or other funds collected in the General Inspection Trust

 8  Fund in the Department of Agriculture and Consumer Services.

 9         (4)  The income of a revenue nature deposited in the

10  following described trust funds, by whatever name designated,

11  is that from which the appropriations authorized by subsection

12  (3) shall be made:

13         (c)  Within the Department of Agriculture and Consumer

14  Services:

15         1.  The Conservation and Recreation Lands Program Trust

16  Fund.

17         2.  The Florida Quarter Horse Racing Promotion Trust

18  Fund.

19         2.3.  The General Inspection Trust Fund and subsidiary

20  accounts thereof, unless a different percentage is authorized

21  by s. 570.20.

22         3.4.  The Division of Licensing Trust Fund.

23  

24  The enumeration of the foregoing moneys or trust funds shall

25  not prohibit the applicability thereto of s. 215.24 should the

26  Governor determine that for the reasons mentioned in s. 215.24

27  the money or trust funds should be exempt herefrom, as it is

28  the purpose of this law to exempt income from its force and

29  effect when, by the operation of this law, federal matching

30  funds or contributions or private grants to any trust fund

31  would be lost to the state.

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    Florida Senate - 2006                            CS for SB 826
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 1         Section 5.  Subsections (7) and (8) of section

 2  550.2625, Florida Statutes, are amended to read:

 3         550.2625  Horseracing; minimum purse requirement,

 4  Florida breeders' and owners' awards.--

 5         (7)(a)  Each permitholder that conducts race meets

 6  under this chapter and runs Appaloosa races shall pay to the

 7  division a sum equal to the breaks plus a sum equal to 1

 8  percent of the total contributions to each pari-mutuel pool

 9  conducted on each Appaloosa race. The Such payments shall be

10  remitted to the division by the 5th day of each calendar month

11  for sums accruing during the preceding calendar month.

12         (b)  The division shall deposit these collections to

13  the credit of the General Inspection Florida Quarter Horse

14  Racing Promotion Trust Fund in a special account to be known

15  as the "Florida Appaloosa Racing Promotion Account Fund." The

16  Department of Agriculture and Consumer Services shall

17  administer the funds and adopt suitable and reasonable rules

18  for the administration thereof.  The moneys in the Florida

19  Appaloosa Racing Promotion Account Fund shall be allocated

20  solely for supplementing and augmenting purses and prizes and

21  for the general promotion of owning and breeding of racing

22  Appaloosas in this state; and the such moneys may not be used

23  to defray any expense of the Department of Agriculture and

24  Consumer Services in the administration of this chapter.

25         (8)(a)  Each permitholder that conducts race meets

26  under this chapter and runs Arabian horse races shall pay to

27  the division a sum equal to the breaks plus a sum equal to 1

28  percent of the total contributions to each pari-mutuel pool

29  conducted on each Arabian horse race. The Such payments shall

30  be remitted to the division by the 5th day of each calendar

31  month for sums accruing during the preceding calendar month.

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    Florida Senate - 2006                            CS for SB 826
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 1         (b)  The division shall deposit these collections to

 2  the credit of the General Inspection Florida Quarter Horse

 3  Racing Promotion Trust Fund in a special account to be known

 4  as the "Florida Arabian Horse Racing Promotion Account Fund."

 5  The Department of Agriculture and Consumer Services shall

 6  administer the funds and adopt suitable and reasonable rules

 7  for the administration thereof.  The moneys in the Florida

 8  Arabian Horse Racing Promotion Account Fund shall be allocated

 9  solely for supplementing and augmenting purses and prizes and

10  for the general promotion of owning and breeding of racing

11  Arabian horses in this state; and the such moneys may not be

12  used to defray any expense of the Department of Agriculture

13  and Consumer Services in the administration of this chapter,

14  except that the moneys generated by Arabian horse registration

15  fees received pursuant to s. 570.382 may be used as provided

16  in paragraph (5)(b) of that section.

17         Section 6.  Subsection (2) of section 550.2633, Florida

18  Statutes, is amended to read:

19         550.2633  Horseracing; distribution of abandoned

20  interest in or contributions to pari-mutuel pools.--

21         (2)  All moneys or other property which has escheated

22  to and become the property of the state as provided herein and

23  which is held by a permitholder authorized to conduct

24  pari-mutuel pools in this state shall be paid annually by the

25  permitholder to the recipient designated in this subsection

26  within 60 days after the close of the race meeting of the

27  permitholder.  Section 550.1645 notwithstanding, the such

28  moneys shall be paid by the permitholder as follows:

29         (a)  Funds from any harness horse races shall be paid

30  to the Florida Standardbred Breeders and Owners Association

31  and shall be used for the payment of breeders' awards,

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    Florida Senate - 2006                            CS for SB 826
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 1  stallion awards, stallion stakes, additional purses, and

 2  prizes for, and for the general promotion of owning and

 3  breeding of, Florida-bred standardbred horses, as provided for

 4  in s. 550.2625.

 5         (b)  Except as provided in paragraph (c), funds from

 6  quarter horse races shall be paid to the Florida Quarter Horse

 7  Breeders and Owners Association and shall be allocated solely

 8  for supplementing and augmenting purses and prizes and for the

 9  general promotion of owning and breeding of racing quarter

10  horses in this state, as provided for in s. 550.2625.

11         (c)  Funds for Arabian horse races conducted under a

12  quarter horse racing permit shall be deposited into the

13  General Inspection Florida Quarter Horse Racing Promotion

14  Trust Fund in a special account to be known as the "Florida

15  Arabian Horse Racing Promotion Account Fund" and shall be used

16  for the payment of breeders' awards and stallion awards as

17  provided for in s. 570.382.

18         Section 7.  Paragraph (b) of subsection (2) and

19  paragraph (b) of subsection (5) of section 570.382, Florida

20  Statutes, are amended to read:

21         570.382  Arabian horse racing; breeders' and stallion

22  awards; Arabian Horse Council; horse registration fees;

23  Florida Arabian Horse Racing Promotion Fund.--

24         (2)  POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE

25  AND CONSUMER SERVICES.--The Department of Agriculture and

26  Consumer Services shall administer this section and have the

27  following powers and duties:

28         (b)  To make Arabian horse breeders' and stallion

29  awards available to qualified individuals from funds derived

30  from the Florida Arabian Horse Racing Promotion Account Fund

31  

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    Florida Senate - 2006                            CS for SB 826
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 1  under the authority of ss. 550.2625(8) and 550.2633 and under

 2  rules adopted.

 3         (5)  REGISTRATION FEES TRUST FUND.--

 4         (b)  The fees collected under this subsection shall be

 5  deposited in the General Inspection Florida Quarter Horse

 6  Racing Promotion Trust Fund in a special account to be known

 7  as the "Florida Arabian Horse Racing Promotion Account Fund,"

 8  and the necessary expenses incurred by the Department of

 9  Agriculture and Consumer Services in the administration of

10  this section shall be paid out of the fund only up to the

11  amount of deposited registration fees.

12         Section 8.  Paragraph (m) of subsection (1) of section

13  215.22, Florida Statutes, is amended to read:

14         215.22  Certain income and certain trust funds

15  exempt.--

16         (1)  The following income of a revenue nature or the

17  following trust funds shall be exempt from the appropriation

18  required by s. 215.20(1):

19         (m)  The following trust funds administered by the

20  Department of Agriculture and Consumer Services:

21         1.  The Citrus Inspection Trust Fund.

22         2.  The Florida Forever Program Trust Fund.

23         3.  The Florida Preservation 2000 Trust Fund.

24         3.4.  The Market Improvements Working Capital Trust

25  Fund.

26         4.5.  The Pest Control Trust Fund.

27         5.6.  The Plant Industry Trust Fund.

28         Section 9.  Subsection (2) of section 589.277, Florida

29  Statutes, is amended to read:

30         589.277  Tree planting programs.--

31  

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    Florida Senate - 2006                            CS for SB 826
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 1         (2)  Contributions from governmental and private

 2  sources for tree planting programs may be accepted into the

 3  Federal Contracts and Grants Trust Fund.

 4         Section 10.  Effective July 1, 2007, subsection (3) of

 5  section 24.114, Florida Statutes, is amended to read:

 6         24.114  Bank deposits and control of lottery

 7  transactions.--

 8         (3)  Each retailer is liable to the department for any

 9  and all tickets accepted or generated by any employee or

10  representative of that retailer, and the such tickets shall be

11  deemed to have been purchased by the retailer unless returned

12  to the department within the time and in the manner prescribed

13  by the department.  All moneys received by such retailers from

14  the sale of lottery tickets, less the amount retained as

15  compensation for the sale of tickets and the amount paid out

16  as prizes by the retailer, shall be held in trust prior to

17  delivery to the department or electronic transfer to the

18  Operating Administrative Trust Fund.

19         Section 11.  Effective July 1, 2007, subsection (1) of

20  section 24.120, Florida Statutes, is amended to read:

21         24.120  Financial matters; Operating Administrative

22  Trust Fund; interagency cooperation.--

23         (1)  There is hereby created in the State Treasury an

24  Operating Administrative Trust Fund to be administered in

25  accordance with chapters 215 and 216 by the department.  All

26  money received by the department which remains after payment

27  of prizes and initial compensation paid to retailers shall be

28  deposited into the Operating Administrative Trust Fund.  All

29  moneys in the trust fund are appropriated to the department

30  for the purposes specified in this act.

31  

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    Florida Senate - 2006                            CS for SB 826
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 1         (2)  Moneys available for the payment of prizes on a

 2  deferred basis shall be invested by the State Board of

 3  Administration in accordance with a trust agreement approved

 4  by the secretary and entered into between the department and

 5  the State Board of Administration in accordance with ss.

 6  215.44-215.53.  The investments authorized by this subsection

 7  shall be done in a manner designed to preserve capital and to

 8  ensure the integrity of the lottery disbursement system by

 9  eliminating the risk of payment of funds when due and to

10  produce equal annual sums of money over the required term of

11  the investments.

12         (3)  Any action required by law to be taken by the

13  Chief Financial Officer shall be taken within 2 business days

14  after the department's request therefor.  If the request for

15  such action is not approved or rejected within such period,

16  the request shall be deemed to be approved. The department

17  shall reimburse the Chief Financial Officer for any additional

18  costs involved in providing the level of service required by

19  this subsection.

20         (4)  The department shall cooperate with the Chief

21  Financial Officer, the Auditor General, and the Office of

22  Program Policy Analysis and Government Accountability by

23  giving employees designated by any of them access to

24  facilities of the department for the purpose of efficient

25  compliance with their respective responsibilities.

26         (5)  With respect to any reimbursement that the

27  department is required to pay to any state agency, the

28  department may enter into an agreement with such state agency

29  under which the department shall pay to such state agency an

30  amount reasonably anticipated to cover such reimbursable

31  expenses in advance of such expenses being incurred.

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    Florida Senate - 2006                            CS for SB 826
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 1         (6)  The Department of Management Services may

 2  authorize a sales incentive program for employees of the

 3  department for the purpose of increasing the sales volume and

 4  distribution of lottery tickets.  Payments pursuant to such

 5  program shall not be construed to be lump-sum salary bonuses.

 6         Section 12.  Effective July 1, 2007, subsections (3)

 7  and (4) of section 24.121, Florida Statutes, are amended to

 8  read:

 9         24.121  Allocation of revenues and expenditure of funds

10  for public education.--

11         (3)  The funds remaining in the Operating

12  Administrative Trust Fund after transfers to the Educational

13  Enhancement Trust Fund shall be used for the payment of

14  administrative expenses of the department.  These expenses

15  shall include all costs incurred in the operation and

16  administration of the lottery and all costs resulting from any

17  contracts entered into for the purchase or lease of goods or

18  services required by the lottery, including, but not limited

19  to:

20         (a)  The compensation paid to retailers;

21         (b)  The costs of supplies, materials, tickets,

22  independent audit services, independent studies, data

23  transmission, advertising, promotion, incentives, public

24  relations, communications, security, bonding for retailers,

25  printing, distribution of tickets, and reimbursing other

26  governmental entities for services provided to the lottery;

27  and

28         (c)  The costs of any other goods and services

29  necessary for effectuating the purposes of this act.

30         (4)  The unencumbered balance that which remains in the

31  Operating Administrative Trust Fund at the end of each fiscal

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 1  year shall be transferred to the Educational Enhancement Trust

 2  Fund.

 3         Section 13.  Effective July 1, 2007, paragraphs (b),

 4  (c), and (d) of subsection (1) of section 403.518, Florida

 5  Statutes, are amended to read:

 6         403.518  Fees; disposition.--

 7         (1)  The department shall charge the applicant the

 8  following fees, as appropriate, which shall be paid into the

 9  Florida Permit Fee Trust Fund:

10         (b)  An application fee, which shall not exceed

11  $200,000. The fee shall be fixed by rule on a sliding scale

12  related to the size, type, ultimate site capacity, increase in

13  generating capacity proposed by the application, or the number

14  and size of local governments in whose jurisdiction the

15  electrical power plant is located.

16         1.  Sixty percent of the fee shall go to the department

17  to cover any costs associated with reviewing and acting upon

18  the application, to cover any field services associated with

19  monitoring construction and operation of the facility, and to

20  cover the costs of the public notices published by the

21  department.

22         2.  Twenty percent of the fee or $25,000, whichever is

23  greater, shall be transferred to the Operating Administrative

24  Trust Fund of the Division of Administrative Hearings of the

25  Department of Management Services.

26         3.  Upon written request with proper itemized

27  accounting within 90 days after final agency action by the

28  board or withdrawal of the application, the department shall

29  reimburse the Department of Community Affairs, the Fish and

30  Wildlife Conservation Commission, and any water management

31  district created pursuant to chapter 373, regional planning

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 1  council, and local government in the jurisdiction of which the

 2  proposed electrical power plant is to be located, and any

 3  other agency from which the department requests special

 4  studies pursuant to s. 403.507(2)(a)7. Such reimbursement

 5  shall be authorized for the preparation of any studies

 6  required of the agencies by this act, and for agency travel

 7  and per diem to attend any hearing held pursuant to this act,

 8  and for local governments to participate in the proceedings.

 9  In the event the amount available for allocation is

10  insufficient to provide for complete reimbursement to the

11  agencies, reimbursement shall be on a prorated basis.

12         4.  If any sums are remaining, the department shall

13  retain them for its use in the same manner as is otherwise

14  authorized by this act; provided, however, that if the

15  certification application is withdrawn, the remaining sums

16  shall be refunded to the applicant within 90 days after

17  withdrawal.

18         (c)  A certification modification fee, which shall not

19  exceed $30,000. The fee shall be submitted to the department

20  with a formal petition for modification to the department

21  pursuant to s. 403.516.  This fee shall be established,

22  disbursed, and processed in the same manner as the application

23  fee in paragraph (b), except that the Division of

24  Administrative Hearings shall not receive a portion of the fee

25  unless the petition for certification modification is referred

26  to the Division of Administrative Hearings for hearing.  If

27  the petition is so referred, only $10,000 of the fee shall be

28  transferred to the Operating Administrative Trust Fund of the

29  Division of Administrative Hearings of the Department of

30  Management Services. The fee for a modification by agreement

31  filed pursuant to s. 403.516(1)(b) shall be $10,000 to be paid

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 1  upon the filing of the request for modification.  Any sums

 2  remaining after payment of authorized costs shall be refunded

 3  to the applicant within 90 days of issuance or denial of the

 4  modification or withdrawal of the request for modification.

 5         (d)  A supplemental application fee, not to exceed

 6  $75,000, to cover all reasonable expenses and costs of the

 7  review, processing, and proceedings of a supplemental

 8  application.  This fee shall be established, disbursed, and

 9  processed in the same manner as the certification application

10  fee in paragraph (b), except that only $20,000 of the fee

11  shall be transferred to the Operating Administrative Trust

12  Fund of the Division of Administrative Hearings of the

13  Department of Management Services.

14         Section 14.  Effective July 1, 2007, paragraph (b) of

15  subsection (1) of section 403.5365, Florida Statutes, is

16  amended to read:

17         403.5365  Fees; disposition.--The department shall

18  charge the applicant the following fees, as appropriate, which

19  shall be paid into the Florida Permit Fee Trust Fund:

20         (1)  An application fee of $100,000, plus $750 per mile

21  for each mile of corridor in which the transmission line

22  right-of-way is proposed to be located within an existing

23  electrical transmission line right-of-way or within any

24  existing right-of-way for any road, highway, railroad, or

25  other aboveground linear facility, or $1,000 per mile for each

26  mile of transmission line corridor proposed to be located

27  outside such existing right-of-way.

28         (b)  Twenty percent of the fees specified under this

29  section, except postcertification fees, shall be transferred

30  to the Operating Administrative Trust Fund of the Division of

31  

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 1  Administrative Hearings of the Department of Management

 2  Services.

 3         Section 15.  Effective July 1, 2007, paragraph (b) of

 4  subsection (5) of section 403.9421, Florida Statutes, is

 5  amended to read:

 6         403.9421  Fees; disposition.--The department shall

 7  charge the applicant the following fees, as appropriate, which

 8  shall be paid into the Florida Permit Fee Trust Fund:

 9         (5)  In administering fee revenues received under this

10  section, the department shall allocate the funds as follows:

11         (b)  Sixteen percent of the fees specified under this

12  section, except for postcertification fees, shall be

13  transferred to the Operating Administrative Trust Fund of the

14  Division of Administrative Hearings to cover its costs

15  associated with reviewing and hearing applications,

16  amendments, modifications, and disputes related to ss.

17  403.9401-403.9425.

18         Section 16.  Effective July 1, 2007, subsection (11) of

19  section 552.40, Florida Statutes, is amended to read:

20         552.40  Administrative remedy for alleged damage due to

21  the use of explosives in connection with construction

22  materials mining activities.--

23         (11)  The filing fees paid pursuant to subsection (1)

24  shall be deposited into the Operating Administrative Trust

25  Fund of the Division of Administrative Hearings to defray the

26  expenses and costs associated with the administration of ss.

27  552.32-552.44.

28         Section 17.  Effective July 1, 2007, subsection (4) of

29  section 282.22, Florida Statutes, is amended to read:

30         282.22  State Technology Office; production,

31  dissemination, and ownership of materials and products.--

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 1         (4)  All proceeds from the sale of such materials and

 2  products or other money collected under pursuant to this

 3  section shall be deposited into the Operating Grants and

 4  Donations Trust Fund of the office and, when properly budgeted

 5  as approved by the Legislature and the Executive Office of the

 6  Governor, used to pay the cost of producing and disseminating

 7  materials and products to carry out the intent of this

 8  section.

 9         Section 18.  Effective July 1, 2007, paragraph (h) of

10  subsection (1) and paragraphs (b) and (c) of subsection (15)

11  of section 287.042, Florida Statutes, are amended to read:

12         287.042  Powers, duties, and functions.--The department

13  shall have the following powers, duties, and functions:

14         (1)

15         (h)  The department may collect fees for the use of its

16  electronic information services. The fees may be imposed on an

17  individual transaction basis or as a fixed subscription for a

18  designated period of time. At a minimum, the fees shall be

19  determined in an amount sufficient to cover the department's

20  projected costs of such services, including overhead in

21  accordance with the policies of the Department of Management

22  Services for computing its administrative assessment.  All

23  fees collected under pursuant to this paragraph shall be

24  deposited in the Operating Grants and Donations Trust Fund for

25  disbursement as provided by law.

26         (15)

27         (b)  Each agency that has been appropriated or has

28  existing funds for such purchases, shall, upon contract award

29  by the department, transfer their portion of the funds into

30  the department's Operating Grants and Donations Trust Fund for

31  payment by the department.  These funds shall be transferred

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 1  by the Executive Office of the Governor pursuant to the agency

 2  budget amendment request provisions in chapter 216.

 3         (c)  Agencies that sign such joint agreements are

 4  financially obligated for their portion of the agreed-upon

 5  funds. If any agency becomes more than 90 days delinquent in

 6  paying the such funds, the department shall certify to the

 7  Chief Financial Officer the amount due, and the Chief

 8  Financial Officer shall transfer the amount due to the

 9  Operating Grants and Donations Trust Fund of the department

10  from any of the agency's available funds. The Chief Financial

11  Officer shall report all such transfers and the reasons for

12  such transfers to the Executive Office of the Governor and the

13  legislative appropriations committees.

14         Section 19.  Effective July 1, 2007, paragraph (c) of

15  subsection (23) of section 287.057, Florida Statutes, is

16  amended to read:

17         287.057  Procurement of commodities or contractual

18  services.--

19         (23)

20         (c)1.  The department may impose and shall collect all

21  fees for the use of the on-line procurement systems. Such fees

22  may be imposed on an individual transaction basis or as a

23  fixed percentage of the cost savings generated. At a minimum,

24  the fees must be set in an amount sufficient to cover the

25  projected costs of such services, including administrative and

26  project service costs in accordance with the policies of the

27  department. All fees and surcharges collected under this

28  paragraph shall be deposited in the Operating Grants and

29  Donations Trust Fund as provided by law.

30         2.  If the department contracts with a provider for

31  on-line procurement, the department, pursuant to

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 1  appropriation, shall compensate the provider from such fees

 2  after the department has satisfied all ongoing costs. The

 3  provider shall report transaction data to the department each

 4  month so that the department may determine the amount due and

 5  payable to the department from each vendor.

 6         3.  All fees that are due and payable to the state on a

 7  transactional basis or as a fixed percentage of the cost

 8  savings generated are subject to s. 215.31 and must be

 9  remitted within 40 days after receipt of payment for which

10  such fees are due. For any fees that are not remitted within

11  40 days, the vendor shall pay interest at the rate established

12  under s. 55.03(1) on the unpaid balance from the expiration of

13  the 40-day period until the fees are remitted.

14         Section 20.  Effective July 1, 2007, section 287.1345,

15  Florida Statutes, is amended to read:

16         287.1345  Surcharge on users of state term contracts;

17  deposit of proceeds collected.--The department may impose a

18  surcharge upon users of state term contracts in order to fund

19  the costs, including overhead, of its procurement function.

20  The department may provide for the state term contract vendor

21  to collect the surcharge or directly collect the fee from the

22  public agency or eligible user involved. For the purpose of

23  compensating vendors for expenses incurred in collecting such

24  fees, the department may authorize a vendor to retain a

25  portion of the fees. The vendor may withhold the portion

26  retained from the amount of fees to be remitted to the

27  department. The department may negotiate the retainage as a

28  percentage of such fees charged to users, as a flat amount, or

29  as any other method the department deems feasible. Vendors

30  shall maintain accurate sales summaries for purchases made

31  from state term contracts and shall provide the summaries to

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 1  the department on a quarterly basis. Any contract remedies

 2  relating to the collection of such fees from users through

 3  vendors are enforceable, including, but not limited to,

 4  liquidated damages, late fees, and the costs of collection,

 5  including attorney's fees. The fees collected pursuant to this

 6  section shall be deposited into the Operating Grants and

 7  Donations Trust Fund of the department and are subject to

 8  appropriation as provided by law. The Executive Office of the

 9  Governor may exempt transactions from the payment of the

10  surcharge if payment of such surcharge would cause the state,

11  a political subdivision, or unit of local government to lose

12  federal funds or in other cases where such exemption is in the

13  public interest. The fees collected pursuant to this section

14  and interest income on such fees shall not be deemed to be

15  income of a revenue nature for purposes of chapter 215.

16         Section 21.  For the purpose of incorporating the

17  amendments made by this act to section 550.2625, Florida

18  Statutes, in a reference thereto, subsection (4) of section

19  550.0351, Florida Statutes, is reenacted to read:

20         550.0351  Charity racing days.--

21         (4)  The total of all profits derived from the conduct

22  of a charity day performance must include all revenues derived

23  from the conduct of that racing performance, including all

24  state taxes that would otherwise be due to the state, except

25  that the daily license fee as provided in s. 550.0951(1) and

26  the breaks for the promotional trust funds as provided in s.

27  550.2625(3), (4), (5), (7), and (8) shall be paid to the

28  division.  All other revenues from the charity racing

29  performance, including the commissions, breaks, and admissions

30  and the revenues from parking, programs, and concessions,

31  shall be included in the total of all profits.

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 1         Section 22.  For the purpose of incorporating the

 2  amendments made by this act to section 287.057, Florida

 3  Statutes, in a reference thereto, effective July 1, 2007,

 4  subsection (1) of section 43.16, Florida Statutes, is

 5  reenacted to read:

 6         43.16  Justice Administrative Commission; membership,

 7  powers and duties.--

 8         (1)  There is hereby created a Justice Administrative

 9  Commission, with headquarters located in the state capital.

10  The necessary office space for use of the commission shall be

11  furnished by the proper state agency in charge of state

12  buildings. For purposes of the fees imposed on agencies

13  pursuant to s. 287.057(23), the Justice Administrative

14  Commission shall be exempt from such fees.

15         Section 23.  For the purpose of incorporating the

16  amendments made by this act to section 287.057, Florida

17  Statutes, in a reference thereto, effective July 1, 2007,

18  subsection (41) of section 570.07, Florida Statutes, is

19  reenacted to read:

20         570.07  Department of Agriculture and Consumer

21  Services; functions, powers, and duties.--The department shall

22  have and exercise the following functions, powers, and duties:

23         (41)  Notwithstanding the provisions of s.

24  287.057(23)(a) that require all agencies to use the on-line

25  procurement system developed by the Department of Management

26  Services, the department may continue to use its own on-line

27  system. However, vendors utilizing such system shall be

28  prequalified as meeting mandatory requirements and

29  qualifications and shall remit fees pursuant to s.

30  287.057(23), and any rules implementing s. 287.057.

31  

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 1         Section 24.  Except as otherwise expressly provided in

 2  this act, this act shall take effect July 1, 2006.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 826

 6                                 

 7  This committee substitute does the following:

 8  o    Terminates the Florida Preservation 2000 Trust Fund and
         the Quarter Horse Racing Promotion Trust Fund within the
 9       Department of Agriculture and Consumer Services.

10  o    Renames the Administrative Trust Fund to the Operating
         Trust Fund in the Department of Lottery and the Division
11       of Administrative Hearings.

12  o    Renames the Contracts and Grants Trust Fund to the
         Federal Grants Trust Fund in the Department of
13       Agriculture and Consumer Services.

14  o    Transfers accounts within the Department of Management
         Services' Grants and Donations Trust Fund to the
15       Operating Trust Fund.

16  

17  

18  

19  

20  

21  

22  

23  

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31  

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