HB 7053

1
A bill to be entitled
2An act relating to trust funds; terminating specified
3trust funds within the Department of Revenue; providing
4for disposition of balances in and revenues of such trust
5funds; prescribing procedures for the termination of such
6trust funds; amending s. 215.20, F.S.; revising references
7to trust funds terminated and transferred by the act;
8removing an obsolete reference; renaming a trust fund
9within the Department of Military Affairs; amending ss.
10250.175, 538.09, and 538.25, F.S., to conform; providing
11effective dates.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  (1)  The following trust funds within the
16Department of Revenue are terminated:
17     (a)  The Apalachicola Bay Oyster Surcharge Clearing Trust
18Fund, FLAIR number 73-2-028. All current balances remaining in
19the Apalachicola Bay Oyster Surcharge Clearing Trust Fund shall
20be transferred to the General Inspection Trust Fund within the
21Department of Agriculture and Consumer Services, FLAIR number
2242-2-321.
23     (b)  Effective July 1, 2008, the Secondhand Dealer and
24Secondary Metals Recycler Clearing Trust Fund, FLAIR number 73-
252-617. All current balances remaining in the trust fund on the
26date of termination shall be transferred to the Operating Trust
27Fund within the Department of Revenue.
28     (c)  The Fuel Tax Refund Payments Trust Fund, FLAIR number
2973-2-317.
30     (2)  The Department of Revenue shall pay any outstanding
31debts and obligations of the terminated funds as soon as
32practicable, and the Chief Financial Officer shall close out and
33remove the terminated funds from various state accounting
34systems using generally accepted accounting principles
35concerning warrants outstanding, assets, and liabilities.
36     Section 2.  Effective July 1, 2008, paragraph (p) of
37subsection (4) of section 215.20, Florida Statutes, is amended
38to read:
39     215.20  Certain income and certain trust funds to
40contribute to the General Revenue Fund.--
41     (4)  The income of a revenue nature deposited in the
42following described trust funds, by whatever name designated, is
43that from which the appropriations authorized by subsection (3)
44shall be made:
45     (p)  Within the Department of Revenue:
46     1.  The Additional Court Cost Clearing Trust Fund.
47     2.  The Administrative Trust Fund.
48     3.  The Apalachicola Bay Oyster Surcharge Clearing Trust
49Fund.
50     3.4.  The Certification Program Trust Fund.
51     4.5.  The Fuel Tax Collection Trust Fund.
52     6.  The Land Reclamation Trust Fund.
53     5.7.  The Local Alternative Fuel User Fee Clearing Trust
54Fund.
55     6.8.  The Local Option Fuel Tax Trust Fund.
56     7.9.  The Motor Vehicle Rental Surcharge Clearing Trust
57Fund.
58     8.10.  The Motor Vehicle Warranty Trust Fund.
59     9.11.  The Oil and Gas Tax Trust Fund.
60     10.  The Operating Trust Fund.
61     12.  The Secondhand Dealer and Secondary Metals Recycler
62Clearing Trust Fund.
63     11.13.  The Severance Tax Solid Mineral Trust Fund.
64     12.14.  The State Alternative Fuel User Fee Clearing Trust
65Fund.
66     13.15.  All taxes levied on motor fuels other than gasoline
67levied pursuant to the provisions of s. 206.87(1)(a).
68
69The enumeration of the foregoing moneys or trust funds shall not
70prohibit the applicability thereto of s. 215.24 should the
71Governor determine that for the reasons mentioned in s. 215.24
72the money or trust funds should be exempt herefrom, as it is the
73purpose of this law to exempt income from its force and effect
74when, by the operation of this law, federal matching funds or
75contributions or private grants to any trust fund would be lost
76to the state.
77     Section 3.  The Cooperative Agreement Trust Fund within the
78Department of Military Affairs, FLAIR number 62-2-039, is
79renamed the Federal Grants Trust Fund within the Department of
80Military Affairs.
81     Section 4.  Subsection (4) of section 250.175, Florida
82Statutes, is amended to read:
83     250.175  Trust funds; authorization; name; purpose.--
84     (4)(a)  The Federal Grants Cooperative Agreement Trust Fund
85is created within the Department of Military Affairs. The
86department shall deposit into the trust fund federal funds
87received by the department under cooperative agreements between
88the federal and state governments, which shall be used to
89perform the functions and tasks specified in the agreements. The
90department shall also deposit into the trust fund other funds
91received by the department.
92     (b)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
93any balance in the trust fund at the end of any fiscal year
94shall remain in the trust fund and is available for carrying out
95the purposes of the trust fund.
96     Section 5.  Effective July 1, 2008, subsection (1) of
97section 538.09, Florida Statutes, is amended to read:
98     538.09  Registration.--
99     (1)  A secondhand dealer shall not engage in the business
100of purchasing, consigning, or trading secondhand goods from any
101location without registering with the Department of Revenue. A
102fee equal to the federal and state costs for processing required
103fingerprints must be submitted to the department with each
104application for registration. One application is required for
105each dealer. If a secondhand dealer is the owner of more than
106one secondhand store location, the application must list each
107location, and the department shall issue a duplicate
108registration for each location. For purposes of subsections (4)
109and (5) of this section, these duplicate registrations shall be
110deemed individual registrations. A dealer shall pay a fee of $6
111per location at the time of registration and an annual renewal
112fee of $6 per location on October 1 of each year. All fees
113collected, less costs of administration, shall be transferred
114into the Operating a trust fund to be established and entitled
115the Secondhand Dealer and Secondary Metals Recycler Clearing
116Trust Fund. The Department of Revenue shall forward the full set
117of fingerprints to the Department of Law Enforcement for state
118and federal processing, provided the federal service is
119available, to be processed for any criminal justice information
120as defined in s. 943.045. The cost of processing such
121fingerprints shall be payable to the Department of Law
122Enforcement by the Department of Revenue. The department may
123issue a temporary registration to each location pending
124completion of the background check by state and federal law
125enforcement agencies, but shall revoke such temporary
126registration if the completed background check reveals a
127prohibited criminal background. An applicant for a secondhand
128dealer registration must be a natural person who has reached the
129age of 18 years.
130     (a)  If the applicant is a partnership, all the partners
131must apply.
132     (b)  If the applicant is a joint venture, association, or
133other noncorporate entity, all members of such joint venture,
134association, or other noncorporate entity must make application
135for registration as natural persons.
136     (c)  If the applicant is a corporation, the registration
137must include the name and address of such corporation's
138registered agent for service of process in the state and a
139certified copy of statement from the Secretary of State that the
140corporation is duly organized in the state or, if the
141corporation is organized in a state other than Florida, a
142certified copy of statement from the Secretary of State that the
143corporation is duly qualified to do business in this state. If
144the dealer has more than one location, the application must list
145each location owned by the same legal entity and the department
146shall issue a duplicate registration for each location.
147     Section 6.  Effective July 1, 2008, paragraph (a) of
148subsection (1) of section 538.25, Florida Statutes, is amended
149to read:
150     538.25  Registration.--
151     (1)  No person shall engage in business as a secondary
152metals recycler at any location without registering with the
153department.
154     (a)  A fee equal to the federal and state costs for
155processing required fingerprints must be submitted to the
156department with each application for registration. One
157application is required for each secondary metals recycler. If a
158secondary metals recycler is the owner of more than one
159secondary metals recycling location, the application must list
160each location, and the department shall issue a duplicate
161registration for each location. For purposes of subsections (3),
162(4), and (5), these duplicate registrations shall be deemed
163individual registrations. A secondary metals recycler shall pay
164a fee of $6 per location at the time of registration and an
165annual renewal fee of $6 per location on October 1 of each year.
166All fees collected, less costs of administration, shall be
167transferred into the Operating Trust Fund Secondhand Dealer and
168Secondary Metals Recycler Clearing Trust Fund established
169pursuant to s. 538.09.
170     Section 7.  Except as otherwise expressly provided in this
171act, this act shall take effect July 1, 2007.


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