| 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 | 
  | 
| 13 | Be It Enacted by the Legislature of the State of Florida: | 
| 14 | 
  | 
| 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 | 
  | 
| 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. |