Florida Senate - 2008 CS for SB 2116
By the Committee on Health and Human Services Appropriations; and Senator Peaden
603-04982-08 20082116c1
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A bill to be entitled
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An act relating to trust funds of the Department of
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Children and Family Services; terminating the Child
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Advocacy Trust Fund and the Refugee Assistance Trust Fund;
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providing for the disposition of balances in and revenues
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of the trust funds; prescribing procedures for the
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termination of the trust funds; amending s. 17.61, F.S.,
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to conform; amending s. 20.195, F.S.; providing for the
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administration of the Administrative Trust Fund, the
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Alcohol, Drug Abuse, and Mental Health Trust Fund, the
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Child Welfare Training Trust Fund, the Domestic Violence
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Trust Fund, the Federal Grants Trust Fund, the Grants and
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Donations Trust Fund, the Operations and Maintenance Trust
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Fund, the Social Services Block Grant Trust Fund, the
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Welfare Transition Trust Fund, and the Working Capital
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Trust Fund by the Department of Children and Family
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Services; providing for sources of funds and purposes;
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providing for annual carryforward of funds; revising the
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date for reversion of specified balances in the Tobacco
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Settlement Trust Fund; amending s. 39.3035, F.S.;
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providing for the appropriation of funds to the Department
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of Children and Family Services for the specific purpose
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of funding children's advocacy centers; providing for
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sources of funds and purposes thereof; specifying the use
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of collected funds; requiring the development of funding
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criteria and an allocation methodology for distributing
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such funds; requiring annual reports; requiring an annual
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report to the Legislature; repealing s. 39.30351, F.S.;
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eliminating the Child Advocacy Trust Fund to conform to
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the termination of the fund by this act; amending s.
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215.22, F.S.; exempting specified funds disbursed to the
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Florida Network of Children's Advocacy Centers, Inc., from
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the service charge imposed on income of a revenue nature
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deposited in trust funds; amending s. 938.10, F.S.;
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providing for deposit of proceeds derived from additional
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court costs imposed in cases of certain crimes against
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minors into the Grants and Donations Trust Fund of the
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department for the purpose of funding children's advocacy
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centers; removing obsolete language; removing reporting
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requirements; amending s. 895.09, F.S.; redirecting a
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portion of the funds obtained from a forfeiture proceeding
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from the Substance Abuse Trust Fund to the General Revenue
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Fund; deleting a provision directing the Department of
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Children and Family Services to distribute forfeiture
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funds received; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. (1) The Child Advocacy Trust Fund within the
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Department of Children and Family Services, FLAIR number 60-2-
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128, is terminated.
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(2) All current balances remaining in, and all revenues of,
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the trust fund shall be transferred to the Grants and Donations
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Trust Fund within the Department of Children and Family Services,
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FLAIR number 60-2-339.
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(3) The Department of Children and Family Services shall
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pay any outstanding debts and obligations of the terminated fund
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as soon as practicable, and the Chief Financial Officer shall
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close out and remove the terminated fund from the various state
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accounting systems using generally accepted accounting principles
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concerning warrants outstanding, assets, and liabilities.
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Section 2. (1) The Refugee Assistance Trust Fund within
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the Department of Children and Family Services, FLAIR number 60-
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2-579, is terminated.
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(2) All current balances remaining in, and all revenues of,
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the trust fund shall be transferred to the Federal Grants Trust
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Fund within the Department of Children and Family Services, FLAIR
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number 60-2-261.
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(3) The Department of Children and Family Services shall
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pay any outstanding debts and obligations of the terminated fund
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as soon as practicable, and the Chief Financial Officer shall
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close out and remove the terminated fund from the various state
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accounting systems using generally accepted accounting principles
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concerning warrants outstanding, assets, and liabilities.
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Section 3. Paragraph (c) of subsection (3) of section
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17.61, Florida Statutes, is amended to read:
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17.61 Chief Financial Officer; powers and duties in the
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investment of certain funds.--
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(3)
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(c) Except as provided in this paragraph and except for
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moneys described in paragraph (d), the following agencies shall
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not invest trust fund moneys as provided in this section, but
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shall retain such moneys in their respective trust funds for
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investment, with interest appropriated to the General Revenue
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Fund, pursuant to s. 17.57:
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1. The Agency for Health Care Administration, except for
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the Tobacco Settlement Trust Fund.
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2. The Agency for Persons with Disabilities, except for:
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a. The Federal Grants Trust Fund.
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b. The Tobacco Settlement Trust Fund.
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3. The Department of Children and Family Services, except
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for:
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a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
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b. The Refugee Assistance Trust Fund.
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b.c. The Social Services Block Grant Trust Fund.
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c.d. The Tobacco Settlement Trust Fund.
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d.e. The Working Capital Trust Fund.
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4. The Department of Community Affairs, only for the
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Operating Trust Fund.
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5. The Department of Corrections.
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6. The Department of Elderly Affairs, except for:
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a. The Federal Grants Trust Fund.
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b. The Tobacco Settlement Trust Fund.
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7. The Department of Health, except for:
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a. The Federal Grants Trust Fund.
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b. The Grants and Donations Trust Fund.
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c. The Maternal and Child Health Block Grant Trust Fund.
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d. The Tobacco Settlement Trust Fund.
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8. The Department of Highway Safety and Motor Vehicles,
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only for:
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a. The DUI Programs Coordination Trust Fund.
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b. The Security Deposits Trust Fund.
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9. The Department of Juvenile Justice.
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10. The Department of Law Enforcement.
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11. The Department of Legal Affairs.
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12. The Department of State, only for:
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a. The Grants and Donations Trust Fund.
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b. The Records Management Trust Fund.
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13. The Executive Office of the Governor, only for:
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a. The Economic Development Transportation Trust Fund.
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b. The Economic Development Trust Fund.
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14. The Florida Public Service Commission, only for the
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Florida Public Service Regulatory Trust Fund.
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15. The Justice Administrative Commission.
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16. The state courts system.
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Section 4. Section 20.195, Florida Statutes, is amended to
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read:
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20.195 Department of Children and Family Services; trust
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funds Tobacco Settlement Trust Fund.--The following trust funds
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shall be administered by the Department of Children and Family
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Services:
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(1) Administrative Trust Fund.
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(a) Funds to be credited to and uses of the trust fund
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shall be administered in accordance with the provisions of s.
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(b) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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(2) Alcohol, Drug Abuse, and Mental Health Trust Fund.
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(a) Funds to be credited to the trust fund shall consist of
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federal mental health or substance abuse block grant funds, and
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shall be used for the purpose of providing mental health or
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substance abuse treatment and support services to department
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clients and for other such purposes as may be appropriate.
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(b) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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(3) Child Welfare Training Trust Fund.
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(a) Funds to be credited to and uses of the trust fund
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shall be administered in accordance with the provisions of s.
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(b) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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(4) Domestic Violence Trust Fund.
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(a) Funds to be credited to and uses of the trust fund
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shall be administered in accordance with the provisions of s.
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28.101, part XIII of chapter 39, and chapter 741.
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(b) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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(5) Federal Grants Trust Fund.
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(a) Funds to be credited to and uses of the trust fund
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shall be administered in accordance with the provisions of s.
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(b) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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(6) Grants and Donations Trust Fund.
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(a) Funds to be credited to and uses of the trust fund
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shall be administered in accordance with the provisions of s.
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(b) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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(7) Operations and Maintenance Trust Fund.
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(a) Funds to be credited to and uses of the trust fund
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shall be administered in accordance with the provisions of s.
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(b) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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(8) Social Services Block Grant Trust Fund.
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(a) Funds to be credited to the trust fund shall consist of
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federal social services block grant funds, and shall be used for
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the purpose of providing health care and support services to
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department clients and for other such purposes as may be
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appropriate.
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(b) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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(9) Tobacco Settlement Trust Fund.
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(a) The Department of Children and Family Services Tobacco
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Settlement Trust Fund is created within that department. Funds to
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be credited to the trust fund shall consist of funds disbursed,
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by nonoperating transfer, from the Department of Financial
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Services Tobacco Settlement Clearing Trust Fund in amounts equal
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to the annual appropriations made from this trust fund.
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(b)(2) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any unencumbered balance in the trust
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fund at the end of any fiscal year and any encumbered balance
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remaining undisbursed on September 30 December 31 of the same
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calendar year shall revert to the Department of Financial
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Services Tobacco Settlement Clearing Trust Fund.
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(10) Welfare Transition Trust Fund.
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(a) Funds to be credited to and uses of the trust funds
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shall be administered in accordance with the provisions of s.
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(b) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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(11) Working Capital Trust Fund.
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(a) Funds to be credited to and uses of the trust fund
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shall be administered in accordance with the provisions of s.
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(b) Notwithstanding the provisions of s. 216.301 and
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pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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Section 5. Subsection (3) of section 39.3035, Florida
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Statutes, is amended to read:
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39.3035 Child advocacy centers; standards; state funding.--
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(3) A child advocacy center within this state may not
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receive the funds generated pursuant to s. 938.10, state or
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federal funds administered by a state agency, or any other funds
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appropriated by the Legislature unless all of the standards of
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subsection (1) are met and the screening requirement of
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subsection (2) is met. The Florida Network of Children's Advocacy
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Centers, Inc., shall be responsible for tracking and documenting
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compliance with subsections (1) and (2) for any of the funds it
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administers to member child advocacy centers.
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(a) Funds for the specific purpose of funding children's
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advocacy centers shall be appropriated to the Department of
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Children and Family Services from funds collected from the
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additional court cost imposed in cases of certain crimes against
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minors under s. 938.10. Funds shall be disbursed to the Florida
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Network of Children's Advocacy Centers, Inc., as established
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under this section, for the purpose of providing community-based
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services that augment, but do not duplicate, services provided by
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state agencies.
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(b) The board of directors of the Florida Network of
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Children's Advocacy Centers, Inc., shall retain 10 percent of all
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revenues collected to be used to match local contributions, at a
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rate not to exceed an equal match, in communities establishing
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children's advocacy centers. The board of directors may use up to
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5 percent of the remaining funds to support the activities of the
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network office and must develop funding criteria and an
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allocation methodology that ensures an equitable distribution of
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remaining funds among network participants. The criteria and
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methodologies must take into account factors that include, but
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need not be limited to, the center's accreditation status with
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respect to the National Children's Alliance, the number of
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clients served, and the population of the area being served by
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the children's advocacy center.
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(c) At the end of each fiscal year, each children's
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advocacy center receiving revenue as provided in this section
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must provide a report to the board of directors of the Florida
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Network of Children's Advocacy Centers, Inc., which reflects
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center expenditures, all sources of revenue received, and outputs
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that have been standardized and agreed upon by network members
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and the board of directors, such as the number of clients served,
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client demographic information, and number and types of services
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provided. The Florida Network of Children's Advocacy Centers,
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Inc., must compile reports from the centers and provide a report
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to the President of the Senate and the Speaker of the House of
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Representatives in August of each year beginning in 2005.
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Section 6. Section 39.30351, Florida Statutes, is repealed.
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Section 7. Paragraph (w) is added to subsection (1) of
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section 215.22, Florida Statutes, to read:
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215.22 Certain income and certain trust funds exempt.--
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(1) The following income of a revenue nature or the
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following trust funds shall be exempt from the appropriation
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required by s. 215.20(1):
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(w) That portion of the fines to be disbursed to the
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Florida Network of Children's Advocacy Centers, Inc., collected
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pursuant to s. 938.10.
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Section 8. Subsections (2) and (3) of section 938.10,
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Florida Statutes, are amended to read:
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938.10 Additional court cost imposed in cases of certain
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crimes against minors.--
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(2) Each month the clerk of the court shall transfer the
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proceeds of the court cost, less $1 from each sum collected which
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the clerk shall retain as a service charge, to the Department of
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Revenue for deposit into the Department of Children and Family
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Services' Grants and Donations Child Advocacy Trust Fund for
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disbursement to the Florida Network of Children's Advocacy
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Centers, Inc., for the purpose of funding children's advocacy
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centers that are members of the network. If the Child Advocacy
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Trust Fund is not created by law within the Department of
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Children and Family Services, the clerk of the court shall
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transfer the proceeds to the Department of Revenue for deposit
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into the Department of Children and Family Services' Grants and
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Donations Trust Fund for disbursement to the Florida Network of
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Children's Advocacy Centers, Inc., for the purpose of funding
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children's advocacy centers that are members of the network.
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(3) At the end of each fiscal year, each children's
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advocacy center receiving revenue as provided in this section
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must provide a report to the board of directors of the Florida
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Network of Children's Advocacy Centers, Inc., which reflects
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center expenditures, all sources of revenue received, and outputs
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that have been standardized and agreed upon by network members
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and the board of directors, such as the number of clients served,
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client demographic information, and number and types of services
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provided. The Florida Network of Children's Advocacy Centers,
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Inc., must compile reports from the centers and provide a report
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to the President of the Senate and the Speaker of the House of
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Representatives in August of each year beginning in 2005.
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Section 9. Paragraphs (a), (d), and (e) of subsection (2)
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of section 895.09, Florida Statutes, are amended to read:
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895.09 Disposition of funds obtained through forfeiture
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proceedings.--
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(2)(a) Following satisfaction of all valid claims under
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subsection (1), 25 percent of the remainder of the funds obtained
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in the forfeiture proceedings pursuant to s. 895.05 shall be
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deposited as provided in paragraph (b) into the appropriate trust
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fund of the Department of Legal Affairs or state attorney's
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office which filed the civil forfeiture action; 25 percent shall
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be deposited as provided in paragraph (c) into the applicable law
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enforcement trust fund of the investigating law enforcement
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agency conducting the investigation which resulted in or
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significantly contributed to the forfeiture of the property; 25
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percent shall be deposited in the General Revenue Fund as
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provided in paragraph (d) in the Substance Abuse Trust Fund of
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the Department of Children and Family Services; and the remaining
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25 percent shall be deposited in the Internal Improvement Trust
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Fund of the Department of Environmental Protection. If When a
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forfeiture action is filed by the Department of Legal Affairs or
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a state attorney, the court entering the judgment of forfeiture
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shall, taking into account the overall effort and contribution to
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the investigation and forfeiture action by the agencies that
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filed the action, make a pro rata apportionment among such
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agencies of the funds available for distribution to the agencies
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filing the action as provided in this section. If multiple
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investigating law enforcement agencies have contributed to the
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forfeiture of the property, the court which entered the judgment
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of forfeiture shall, taking into account the overall effort and
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contribution of the agencies to the investigation and forfeiture
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action, make a pro rata apportionment among such investigating
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law enforcement agencies of the funds available for distribution
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to the investigating agencies as provided in this section.
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(d) The Department of Children and Family Services shall,
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in accordance with chapter 397, distribute funds obtained by it
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pursuant to paragraph (a) to public and private nonprofit
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organizations licensed by the department to provide substance
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abuse treatment and rehabilitation centers or substance abuse
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prevention and youth orientation programs in the service district
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in which the final order of forfeiture is entered by the court.
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(d)(e) On a quarterly basis, any excess funds from
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forfeited property receipts, including interest, over $1 million
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deposited in the Internal Improvement Trust Fund of the
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Department of Environmental Protection in accordance with
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paragraph (a) shall be deposited in the General Revenue Fund
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Substance Abuse Trust Fund of the Department of Children and
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Family Services.
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Section 10. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.