1 | A bill to be entitled |
2 | An act relating to trust funds; terminating specified |
3 | trust funds within the Department of Revenue; providing |
4 | for disposition of balances in and revenues of such trust |
5 | funds; prescribing procedures for the termination of such |
6 | trust funds; amending s. 215.20, F.S.; revising references |
7 | to trust funds terminated and transferred by the act; |
8 | removing an obsolete reference; renaming a trust fund |
9 | within the Department of Military Affairs; amending ss. |
10 | 250.175, 538.09, and 538.25, F.S., to conform; providing |
11 | effective dates. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. (1) The following trust funds within the |
16 | Department of Revenue are terminated: |
17 | (a) The Apalachicola Bay Oyster Surcharge Clearing Trust |
18 | Fund, FLAIR number 73-2-028. All current balances remaining in |
19 | the Apalachicola Bay Oyster Surcharge Clearing Trust Fund shall |
20 | be transferred to the General Inspection Trust Fund within the |
21 | Department of Agriculture and Consumer Services, FLAIR number |
22 | 42-2-321. |
23 | (b) Effective July 1, 2008, the Secondhand Dealer and |
24 | Secondary Metals Recycler Clearing Trust Fund, FLAIR number 73- |
25 | 2-617. All current balances remaining in the trust fund on the |
26 | date of termination shall be transferred to the Operating Trust |
27 | Fund within the Department of Revenue. |
28 | (c) The Fuel Tax Refund Payments Trust Fund, FLAIR number |
29 | 73-2-317. |
30 | (2) The Department of Revenue shall pay any outstanding |
31 | debts and obligations of the terminated funds as soon as |
32 | practicable, and the Chief Financial Officer shall close out and |
33 | remove the terminated funds from various state accounting |
34 | systems using generally accepted accounting principles |
35 | concerning warrants outstanding, assets, and liabilities. |
36 | Section 2. Effective July 1, 2008, paragraph (p) of |
37 | subsection (4) of section 215.20, Florida Statutes, is amended |
38 | to read: |
39 | 215.20 Certain income and certain trust funds to |
40 | contribute to the General Revenue Fund.-- |
41 | (4) The income of a revenue nature deposited in the |
42 | following described trust funds, by whatever name designated, is |
43 | that from which the appropriations authorized by subsection (3) |
44 | shall 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 |
49 | Fund. |
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 |
54 | Fund. |
55 | 6.8. The Local Option Fuel Tax Trust Fund. |
56 | 7.9. The Motor Vehicle Rental Surcharge Clearing Trust |
57 | Fund. |
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 |
62 | Clearing Trust Fund. |
63 | 11.13. The Severance Tax Solid Mineral Trust Fund. |
64 | 12.14. The State Alternative Fuel User Fee Clearing Trust |
65 | Fund. |
66 | 13.15. All taxes levied on motor fuels other than gasoline |
67 | levied pursuant to the provisions of s. 206.87(1)(a). |
68 |
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69 | The enumeration of the foregoing moneys or trust funds shall not |
70 | prohibit the applicability thereto of s. 215.24 should the |
71 | Governor determine that for the reasons mentioned in s. 215.24 |
72 | the money or trust funds should be exempt herefrom, as it is the |
73 | purpose of this law to exempt income from its force and effect |
74 | when, by the operation of this law, federal matching funds or |
75 | contributions or private grants to any trust fund would be lost |
76 | to the state. |
77 | Section 3. The Cooperative Agreement Trust Fund within the |
78 | Department of Military Affairs, FLAIR number 62-2-039, is |
79 | renamed the Federal Grants Trust Fund within the Department of |
80 | Military Affairs. |
81 | Section 4. Subsection (4) of section 250.175, Florida |
82 | Statutes, is amended to read: |
83 | 250.175 Trust funds; authorization; name; purpose.-- |
84 | (4)(a) The Federal Grants Cooperative Agreement Trust Fund |
85 | is created within the Department of Military Affairs. The |
86 | department shall deposit into the trust fund federal funds |
87 | received by the department under cooperative agreements between |
88 | the federal and state governments, which shall be used to |
89 | perform the functions and tasks specified in the agreements. The |
90 | department shall also deposit into the trust fund other funds |
91 | received by the department. |
92 | (b) Notwithstanding s. 216.301 and pursuant to s. 216.351, |
93 | any balance in the trust fund at the end of any fiscal year |
94 | shall remain in the trust fund and is available for carrying out |
95 | the purposes of the trust fund. |
96 | Section 5. Effective July 1, 2008, subsection (1) of |
97 | section 538.09, Florida Statutes, is amended to read: |
98 | 538.09 Registration.-- |
99 | (1) A secondhand dealer shall not engage in the business |
100 | of purchasing, consigning, or trading secondhand goods from any |
101 | location without registering with the Department of Revenue. A |
102 | fee equal to the federal and state costs for processing required |
103 | fingerprints must be submitted to the department with each |
104 | application for registration. One application is required for |
105 | each dealer. If a secondhand dealer is the owner of more than |
106 | one secondhand store location, the application must list each |
107 | location, and the department shall issue a duplicate |
108 | registration for each location. For purposes of subsections (4) |
109 | and (5) of this section, these duplicate registrations shall be |
110 | deemed individual registrations. A dealer shall pay a fee of $6 |
111 | per location at the time of registration and an annual renewal |
112 | fee of $6 per location on October 1 of each year. All fees |
113 | collected, less costs of administration, shall be transferred |
114 | into the Operating a trust fund to be established and entitled |
115 | the Secondhand Dealer and Secondary Metals Recycler Clearing |
116 | Trust Fund. The Department of Revenue shall forward the full set |
117 | of fingerprints to the Department of Law Enforcement for state |
118 | and federal processing, provided the federal service is |
119 | available, to be processed for any criminal justice information |
120 | as defined in s. 943.045. The cost of processing such |
121 | fingerprints shall be payable to the Department of Law |
122 | Enforcement by the Department of Revenue. The department may |
123 | issue a temporary registration to each location pending |
124 | completion of the background check by state and federal law |
125 | enforcement agencies, but shall revoke such temporary |
126 | registration if the completed background check reveals a |
127 | prohibited criminal background. An applicant for a secondhand |
128 | dealer registration must be a natural person who has reached the |
129 | age of 18 years. |
130 | (a) If the applicant is a partnership, all the partners |
131 | must apply. |
132 | (b) If the applicant is a joint venture, association, or |
133 | other noncorporate entity, all members of such joint venture, |
134 | association, or other noncorporate entity must make application |
135 | for registration as natural persons. |
136 | (c) If the applicant is a corporation, the registration |
137 | must include the name and address of such corporation's |
138 | registered agent for service of process in the state and a |
139 | certified copy of statement from the Secretary of State that the |
140 | corporation is duly organized in the state or, if the |
141 | corporation is organized in a state other than Florida, a |
142 | certified copy of statement from the Secretary of State that the |
143 | corporation is duly qualified to do business in this state. If |
144 | the dealer has more than one location, the application must list |
145 | each location owned by the same legal entity and the department |
146 | shall issue a duplicate registration for each location. |
147 | Section 6. Effective July 1, 2008, paragraph (a) of |
148 | subsection (1) of section 538.25, Florida Statutes, is amended |
149 | to read: |
150 | 538.25 Registration.-- |
151 | (1) No person shall engage in business as a secondary |
152 | metals recycler at any location without registering with the |
153 | department. |
154 | (a) A fee equal to the federal and state costs for |
155 | processing required fingerprints must be submitted to the |
156 | department with each application for registration. One |
157 | application is required for each secondary metals recycler. If a |
158 | secondary metals recycler is the owner of more than one |
159 | secondary metals recycling location, the application must list |
160 | each location, and the department shall issue a duplicate |
161 | registration for each location. For purposes of subsections (3), |
162 | (4), and (5), these duplicate registrations shall be deemed |
163 | individual registrations. A secondary metals recycler shall pay |
164 | a fee of $6 per location at the time of registration and an |
165 | annual renewal fee of $6 per location on October 1 of each year. |
166 | All fees collected, less costs of administration, shall be |
167 | transferred into the Operating Trust Fund Secondhand Dealer and |
168 | Secondary Metals Recycler Clearing Trust Fund established |
169 | pursuant to s. 538.09. |
170 | Section 7. Except as otherwise expressly provided in this |
171 | act, this act shall take effect July 1, 2007. |