Senate Bill sb1320
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Florida Senate - 2007 SB 1320
By Senator Alexander
17-1832-07
1 A bill to be entitled
2 An act relating to trust funds; redesignating
3 the Fuel Tax Refund Payments Trust Fund within
4 the Department of Revenue; terminating
5 specified trust funds within the Department of
6 Revenue; providing for disposition of balances
7 in and revenues of such trust funds;
8 prescribing procedures for the termination of
9 such trust funds; amending s. 17.43, F.S.;
10 redesignating the Federal Equitable Sharing
11 Trust Fund within the Department of Financial
12 Services; amending s. 215.20, F.S., relating to
13 the service charge on income of trust funds;
14 conforming provisions to changes made by the
15 act; amending ss. 538.09 and 538.25, F.S.,
16 relating to the deposit of registration fees
17 from secondhand dealers and secondary metals
18 recyclers; conforming provisions to changes
19 made by the act; amending ss. 626.9893 and
20 932.7055, F.S.; redesignating the Federal
21 Equitable Sharing Trust Fund within the
22 Department of Financial Services; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. The Fuel Tax Refund Payments Trust Fund
28 within the Department of Revenue, FLAIR number 73-2-317, is
29 renamed the Audit and Warrant Clearing Trust Fund. This fund
30 shall serve as a clearing account for audit receipts, warrant
31 receipts, and governmental leasehold receipts.
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Florida Senate - 2007 SB 1320
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1 Section 2. (1) The following trust funds within the
2 Department of Revenue are terminated:
3 (a) The Apalachicola Bay Oyster Surcharge Clearing
4 Trust Fund, FLAIR number 73-2-028. All current balances
5 remaining in the Apalachicola Bay Oyster Surcharge Clearing
6 Trust Fund, FLAIR number 73-2-028 shall be transferred to the
7 General Inspection Trust Fund within the Department of
8 Agriculture and Consumer Services, FLAIR number 42-2-321.
9 (b) The Secondhand Dealer and Secondary Metals
10 Recycler Trust Fund, FLAIR number 73-2-617. All current
11 balances remaining in the trust fund on the date of
12 termination shall be transferred to the Administrative Trust
13 Fund within the Department of Revenue FLAIR number 73-2-021.
14 (2) The Department of Revenue shall pay any
15 outstanding debts and obligations of the terminated funds as
16 soon as practicable, and the Chief Financial Officer shall
17 close out and remove the terminated funds from various state
18 accounting systems using generally accepted accounting
19 principles concerning warrants outstanding, assets, and
20 liabilities.
21 Section 3. Subsection (1) of section 17.43, Florida
22 Statutes, is amended to read:
23 17.43 Federal Equitable Sharing Trust Fund.--
24 (1) The Federal Law Enforcement Equitable Sharing
25 Trust Fund is created within the Department of Financial
26 Services. The department may deposit into the trust fund
27 receipts and revenues received as a result of federal
28 criminal, administrative, or civil forfeiture proceedings and
29 receipts and revenues received from federal asset-sharing
30 programs. The trust fund is exempt from the service charges
31 imposed by s. 215.20.
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Florida Senate - 2007 SB 1320
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1 Section 4. Paragraph (p) of subsection (4) of section
2 215.20, Florida Statutes, is amended to read:
3 215.20 Certain income and certain trust funds to
4 contribute to the General Revenue Fund.--
5 (4) The income of a revenue nature deposited in the
6 following described trust funds, by whatever name designated,
7 is that from which the appropriations authorized by subsection
8 (3) shall be made:
9 (p) Within the Department of Revenue:
10 1. The Additional Court Cost Clearing Trust Fund.
11 2. The Administrative Trust Fund.
12 3. The Apalachicola Bay Oyster Surcharge Clearing
13 Trust Fund.
14 3.4. The Certification Program Trust Fund.
15 4.5. The Fuel Tax Collection Trust Fund.
16 5.6. The Land Reclamation Trust Fund.
17 6.7. The Local Alternative Fuel User Fee Clearing
18 Trust Fund.
19 7.8. The Local Option Fuel Tax Trust Fund.
20 8.9. The Motor Vehicle Rental Surcharge Clearing Trust
21 Fund.
22 9.10. The Motor Vehicle Warranty Trust Fund.
23 10.11. The Oil and Gas Tax Trust Fund.
24 12. The Secondhand Dealer and Secondary Metals
25 Recycler Clearing Trust Fund.
26 11.13. The Severance Tax Solid Mineral Trust Fund.
27 12.14. The State Alternative Fuel User Fee Clearing
28 Trust Fund.
29 13.15. All taxes levied on motor fuels other than
30 gasoline levied pursuant to the provisions of s. 206.87(1)(a).
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Florida Senate - 2007 SB 1320
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1 Section 5. Subsection (1) of section 538.09, Florida
2 Statutes, is amended to read:
3 538.09 Registration.--
4 (1) A secondhand dealer shall not engage in the
5 business of purchasing, consigning, or trading secondhand
6 goods from any location without registering with the
7 Department of Revenue. A fee equal to the federal and state
8 costs for processing required fingerprints must be submitted
9 to the department with each application for registration. One
10 application is required for each dealer. If a secondhand
11 dealer is the owner of more than one secondhand store
12 location, the application must list each location, and the
13 department shall issue a duplicate registration for each
14 location. For purposes of subsections (4) and (5) of this
15 section, these duplicate registrations shall be deemed
16 individual registrations. A dealer shall pay a fee of $6 per
17 location at the time of registration and an annual renewal fee
18 of $6 per location on October 1 of each year. All fees
19 collected, less costs of administration, shall be transferred
20 into the Administrative a trust fund to be established and
21 entitled the Secondhand Dealer and Secondary Metals Recycler
22 Clearing Trust Fund. The Department of Revenue shall forward
23 the full set of fingerprints to the Department of Law
24 Enforcement for state and federal processing, provided the
25 federal service is available, to be processed for any criminal
26 justice information as defined in s. 943.045. The cost of
27 processing such fingerprints shall be payable to the
28 Department of Law Enforcement by the Department of Revenue.
29 The department may issue a temporary registration to each
30 location pending completion of the background check by state
31 and federal law enforcement agencies, but shall revoke such
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Florida Senate - 2007 SB 1320
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1 temporary registration if the completed background check
2 reveals a prohibited criminal background. An applicant for a
3 secondhand dealer registration must be a natural person who
4 has reached the age of 18 years.
5 (a) If the applicant is a partnership, all the
6 partners must apply.
7 (b) If the applicant is a joint venture, association,
8 or other noncorporate entity, all members of such joint
9 venture, association, or other noncorporate entity must make
10 application for registration as natural persons.
11 (c) If the applicant is a corporation, the
12 registration must include the name and address of such
13 corporation's registered agent for service of process in the
14 state and a certified copy of statement from the Secretary of
15 State that the corporation is duly organized in the state or,
16 if the corporation is organized in a state other than Florida,
17 a certified copy of statement from the Secretary of State that
18 the corporation is duly qualified to do business in this
19 state. If the dealer has more than one location, the
20 application must list each location owned by the same legal
21 entity and the department shall issue a duplicate registration
22 for each location.
23 Section 6. Paragraph (a) of subsection (1) of section
24 538.25, Florida Statutes, is amended to read:
25 538.25 Registration.--
26 (1) No person shall engage in business as a secondary
27 metals recycler at any location without registering with the
28 department.
29 (a) A fee equal to the federal and state costs for
30 processing required fingerprints must be submitted to the
31 department with each application for registration. One
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Florida Senate - 2007 SB 1320
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1 application is required for each secondary metals recycler. If
2 a secondary metals recycler is the owner of more than one
3 secondary metals recycling location, the application must list
4 each location, and the department shall issue a duplicate
5 registration for each location. For purposes of subsections
6 (3), (4), and (5), these duplicate registrations shall be
7 deemed individual registrations. A secondary metals recycler
8 shall pay a fee of $6 per location at the time of registration
9 and an annual renewal fee of $6 per location on October 1 of
10 each year. All fees collected, less costs of administration,
11 shall be transferred into the Administrative Trust Fund
12 Secondhand Dealer and Secondary Metals Recycler Clearing Trust
13 Fund established pursuant to s. 538.09.
14 Section 7. Subsection (1) of section 626.9893, Florida
15 Statutes, is amended to read:
16 626.9893 Disposition of revenues; criminal or
17 forfeiture proceedings.--
18 (1) The Division of Insurance Fraud of the Department
19 of Financial Services may deposit revenues received as a
20 result of criminal proceedings or forfeiture proceedings,
21 other than revenues deposited into the Department of Financial
22 Services' Federal Law Enforcement Equitable Sharing Trust Fund
23 under s. 17.43, into the Insurance Regulatory Trust Fund.
24 Moneys deposited pursuant to this section shall be separately
25 accounted for and shall be used solely for the division to
26 carry out its duties and responsibilities.
27 Section 8. Paragraph (n) of subsection (6) of section
28 932.7055, Florida Statutes, is amended to read:
29 932.7055 Disposition of liens and forfeited
30 property.--
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Florida Senate - 2007 SB 1320
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1 (6) If the seizing agency is a state agency, all
2 remaining proceeds shall be deposited into the General Revenue
3 Fund. However, if the seizing agency is:
4 (n) The Division of Insurance Fraud of the Department
5 of Financial Services, the proceeds accrued pursuant to the
6 provisions of the Florida Contraband Forfeiture Act shall be
7 deposited into the Insurance Regulatory Trust Fund as provided
8 in s. 626.9893 or into the Department of Financial Services'
9 Federal Law Enforcement Equitable Sharing Trust Fund as
10 provided in s. 17.43, as applicable.
11 Section 9. This act shall take effect July 1, 2007.
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14 SENATE SUMMARY
15 Renames the Fuel Tax Refund Payments Trust Fund within
the Department of Revenue. Terminates specified trust
16 funds within the Department of Revenue. Provides for the
disposition of balances in and revenues of the trust
17 funds. Prescribes procedures for terminating the funds.
Renames the Federal Equitable Sharing Trust Fund within
18 the Department of Financial Services.
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