Senate Bill sb1320c1

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    Florida Senate - 2007                           CS for SB 1320

    By the Committee on General Government Appropriations; and
    Senator Alexander




    601-2015-07

  1                      A bill to be entitled

  2         An act relating to trust funds; terminating

  3         specified trust funds within the Department of

  4         Revenue; providing for disposition of balances

  5         in and revenues of such trust funds;

  6         prescribing procedures for the termination of

  7         such trust funds; amending s. 17.43, F.S.;

  8         redesignating the Federal Equitable Sharing

  9         Trust Fund within the Department of Financial

10         Services; amending s. 215.20, F.S., relating to

11         the service charge on income of trust funds;

12         conforming provisions to changes made by the

13         act; amending ss. 538.09 and 538.25, F.S.,

14         relating to the deposit of registration fees

15         from secondhand dealers and secondary metals

16         recyclers; conforming provisions to changes

17         made by the act; amending ss. 626.9893 and

18         932.7055, F.S.; redesignating the Federal

19         Equitable Sharing Trust Fund within the

20         Department of Financial Services; providing

21         effective dates.

22  

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

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

26  Department of Revenue are terminated:

27         (a)  The Apalachicola Bay Oyster Surcharge Clearing

28  Trust Fund, FLAIR number 73-2-028. All current balances

29  remaining in the Apalachicola Bay Oyster Surcharge Clearing

30  Trust Fund, FLAIR number 73-2-028 shall be transferred to the

31  

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    Florida Senate - 2007                           CS for SB 1320
    601-2015-07




 1  General Inspection Trust Fund within the Department of

 2  Agriculture and Consumer Services, FLAIR number 42-2-321.

 3         (b)  Effective July 1, 2008, the Secondhand Dealer and

 4  Secondary Metals Recycler Trust Fund, FLAIR number 73-2-617.

 5  All current balances remaining in the trust fund on the date

 6  of termination shall be transferred to the Operations Trust

 7  Fund within the Department of Revenue.

 8         (c)  The Fuel Tax Refund Payments Clearing Trust Fund,

 9  FLAIR number 73-2-317.

10         (2)  The Department of Revenue shall pay any

11  outstanding debts and obligations of the terminated funds as

12  soon as practicable, and the Chief Financial Officer shall

13  close out and remove the terminated funds from various state

14  accounting systems using generally accepted accounting

15  principles concerning warrants outstanding, assets, and

16  liabilities.

17         Section 2.  Subsection (1) of section 17.43, Florida

18  Statutes, is amended to read:

19         17.43  Federal Equitable Sharing Trust Fund.--

20         (1)  The Federal Law Enforcement Equitable Sharing

21  Trust Fund is created within the Department of Financial

22  Services. The department may deposit into the trust fund

23  receipts and revenues received as a result of federal

24  criminal, administrative, or civil forfeiture proceedings and

25  receipts and revenues received from federal asset-sharing

26  programs. The trust fund is exempt from the service charges

27  imposed by s. 215.20.

28         Section 3.  Effective July 1, 2008, paragraph (p) of

29  subsection (4) of section 215.20, Florida Statutes, is amended

30  to read:

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    Florida Senate - 2007                           CS for SB 1320
    601-2015-07




 1         215.20  Certain income and certain trust funds to

 2  contribute to the General Revenue Fund.--

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

 4  following described trust funds, by whatever name designated,

 5  is that from which the appropriations authorized by subsection

 6  (3) shall be made:

 7         (p)  Within the Department of Revenue:

 8         1.  The Additional Court Cost Clearing Trust Fund.

 9         2.  The Administrative Trust Fund.

10         3.  The Apalachicola Bay Oyster Surcharge Clearing

11  Trust Fund.

12         3.4.  The Certification Program Trust Fund.

13         4.5.  The Fuel Tax Collection Trust Fund.

14         6.  The Land Reclamation Trust Fund.

15         5.7.  The Local Alternative Fuel User Fee Clearing

16  Trust Fund.

17         6.8.  The Local Option Fuel Tax Trust Fund.

18         7.9.  The Motor Vehicle Rental Surcharge Clearing Trust

19  Fund.

20         8.10.  The Motor Vehicle Warranty Trust Fund.

21         9.11.  The Oil and Gas Tax Trust Fund.

22         10.  The Operations Trust Fund.

23         12.  The Secondhand Dealer and Secondary Metals

24  Recycler Clearing Trust Fund.

25         11.13.  The Severance Tax Solid Mineral Trust Fund.

26         12.14.  The State Alternative Fuel User Fee Clearing

27  Trust Fund.

28         13.15.  All taxes levied on motor fuels other than

29  gasoline levied pursuant to the provisions of s. 206.87(1)(a).

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    Florida Senate - 2007                           CS for SB 1320
    601-2015-07




 1  The enumeration of the foregoing moneys or trust funds shall

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

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

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

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

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

 7  funds or contributions or private grants to any trust fund

 8  would be lost to the state.

 9         Section 4.  Effective July 1, 2008, subsection (1) of

10  section 538.09, Florida Statutes, is amended to read:

11         538.09  Registration.--

12         (1)  A secondhand dealer shall not engage in the

13  business of purchasing, consigning, or trading secondhand

14  goods from any location without registering with the

15  Department of Revenue. A fee equal to the federal and state

16  costs for processing required fingerprints must be submitted

17  to the department with each application for registration. One

18  application is required for each dealer. If a secondhand

19  dealer is the owner of more than one secondhand store

20  location, the application must list each location, and the

21  department shall issue a duplicate registration for each

22  location. For purposes of subsections (4) and (5) of this

23  section, these duplicate registrations shall be deemed

24  individual registrations. A dealer shall pay a fee of $6 per

25  location at the time of registration and an annual renewal fee

26  of $6 per location on October 1 of each year. All fees

27  collected, less costs of administration, shall be transferred

28  into the Operations a trust fund to be established and

29  entitled the Secondhand Dealer and Secondary Metals Recycler

30  Clearing Trust Fund. The Department of Revenue shall forward

31  the full set of fingerprints to the Department of Law

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    Florida Senate - 2007                           CS for SB 1320
    601-2015-07




 1  Enforcement for state and federal processing, provided the

 2  federal service is available, to be processed for any criminal

 3  justice information as defined in s. 943.045. The cost of

 4  processing such fingerprints shall be payable to the

 5  Department of Law Enforcement by the Department of Revenue.

 6  The department may issue a temporary registration to each

 7  location pending completion of the background check by state

 8  and federal law enforcement agencies, but shall revoke such

 9  temporary registration if the completed background check

10  reveals a prohibited criminal background. An applicant for a

11  secondhand dealer registration must be a natural person who

12  has reached the age of 18 years.

13         (a)  If the applicant is a partnership, all the

14  partners must apply.

15         (b)  If the applicant is a joint venture, association,

16  or other noncorporate entity, all members of such joint

17  venture, association, or other noncorporate entity must make

18  application for registration as natural persons.

19         (c)  If the applicant is a corporation, the

20  registration must include the name and address of such

21  corporation's registered agent for service of process in the

22  state and a certified copy of statement from the Secretary of

23  State that the corporation is duly organized in the state or,

24  if the corporation is organized in a state other than Florida,

25  a certified copy of statement from the Secretary of State that

26  the corporation is duly qualified to do business in this

27  state. If the dealer has more than one location, the

28  application must list each location owned by the same legal

29  entity and the department shall issue a duplicate registration

30  for each location.

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    Florida Senate - 2007                           CS for SB 1320
    601-2015-07




 1         Section 5.  Effective July 1, 2008, paragraph (a) of

 2  subsection (1) of section 538.25, Florida Statutes, is amended

 3  to read:

 4         538.25  Registration.--

 5         (1)  No person shall engage in business as a secondary

 6  metals recycler at any location without registering with the

 7  department.

 8         (a)  A fee equal to the federal and state costs for

 9  processing required fingerprints must be submitted to the

10  department with each application for registration. One

11  application is required for each secondary metals recycler. If

12  a secondary metals recycler is the owner of more than one

13  secondary metals recycling location, the application must list

14  each location, and the department shall issue a duplicate

15  registration for each location. For purposes of subsections

16  (3), (4), and (5), these duplicate registrations shall be

17  deemed individual registrations. A secondary metals recycler

18  shall pay a fee of $6 per location at the time of registration

19  and an annual renewal fee of $6 per location on October 1 of

20  each year. All fees collected, less costs of administration,

21  shall be transferred into the Operations Trust Fund Secondhand

22  Dealer and Secondary Metals Recycler Clearing Trust Fund

23  established pursuant to s. 538.09.

24         Section 6.  Subsection (1) of section 626.9893, Florida

25  Statutes, is amended to read:

26         626.9893  Disposition of revenues; criminal or

27  forfeiture proceedings.--

28         (1)  The Division of Insurance Fraud of the Department

29  of Financial Services may deposit revenues received as a

30  result of criminal proceedings or forfeiture proceedings,

31  other than revenues deposited into the Department of Financial

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    Florida Senate - 2007                           CS for SB 1320
    601-2015-07




 1  Services' Federal Law Enforcement Equitable Sharing Trust Fund

 2  under s. 17.43, into the Insurance Regulatory Trust Fund.

 3  Moneys deposited pursuant to this section shall be separately

 4  accounted for and shall be used solely for the division to

 5  carry out its duties and responsibilities.

 6         Section 7.  Paragraph (n) of subsection (6) of section

 7  932.7055, Florida Statutes, is amended to read:

 8         932.7055  Disposition of liens and forfeited

 9  property.--

10         (6)  If the seizing agency is a state agency, all

11  remaining proceeds shall be deposited into the General Revenue

12  Fund.  However, if the seizing agency is:

13         (n)  The Division of Insurance Fraud of the Department

14  of Financial Services, the proceeds accrued pursuant to the

15  provisions of the Florida Contraband Forfeiture Act shall be

16  deposited into the Insurance Regulatory Trust Fund as provided

17  in s. 626.9893 or into the Department of Financial Services'

18  Federal Law Enforcement Equitable Sharing Trust Fund as

19  provided in s. 17.43, as applicable.

20         Section 8.  Except as otherwise expressly provided in

21  this act, this act shall take effect July 1, 2007.

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    Florida Senate - 2007                           CS for SB 1320
    601-2015-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1320

 3                                 

 4  This committee substitute:

 5  Terminates the Fuel Tax Refund Payments Trust Fund in the
    Department of Revenue instead of renaming it as the Audit and
 6  Warrant Clearing Trust Fund.

 7  Transfers current balances in the Secondhand Dealer and
    Secondary Metals Recycler Trust Fund to the Operations Trust
 8  Fund instead of the Administrative Trust Fund within the
    Department of Revenue, effective July 1, 2008.
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    Specifies that fees collected from secondhand dealers, less
10  cost of administration, be transferred into the Operations
    Trust Fund instead of the Administrative Trust Fund within the
11  Department of Revenue, effective July 1, 2008.

12  Preserves current law relating to the Governor's authority to
    exempt federal funds and private grants from the general
13  revenue service charge.

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