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A bill to be entitled

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An act relating to trust funds; creating the Clearing

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Funds Trust Fund within the Department of State; providing

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for sources of funds and purposes; providing for future

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review and termination or re-creation of the trust fund;

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amending ss. 99.092 and 99.093, F.S.; clarifying

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provisions requiring that election assessments be

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transferred to the Elections Commission Trust Fund within

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the Department of Legal Affairs; amending s. 105.031,

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F.S.; requiring that the filing fees for certain offices

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be transferred to the Department of Legal Affairs rather

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than the Department of Revenue for deposit into the

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Elections Commission Trust Fund; amending s. 106.24, F.S.;

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deleting an obsolete reference to the Division of

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Elections with respect to the use of funds in the

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Elections Commission Trust Fund; amending s. 610.104,

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F.S.; requiring that certain funds paid to the Department

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of State by cable or video providers be deposited into the

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Clearing Funds Trust Fund rather than the Operating Trust

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Fund; 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. Clearing Funds Trust Fund.--

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     (1) The Clearing Funds Trust Fund is created within the

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Department of State.

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     (2) The trust fund is established for use as a depository

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for funds to account for collections pending distribution to

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lawful recipients. Funds shall be expended only pursuant to

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legislative appropriation or an approved amendment to the

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department's operating budget pursuant to the provisions of

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chapter 216, Florida Statutes.

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     (3) In accordance with s. 19(f)(2), Art. III of the State

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Constitution, the Clearing Funds Trust Fund shall, unless

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terminated sooner, be terminated on July 1, 2012. Before its

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scheduled termination, the trust fund shall be reviewed as

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provided in s. 215.3206(1) and (2), Florida Statutes.

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     Section 2.  Subsection (1) of section 99.092, Florida

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Statutes, is amended to read:

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     99.092  Qualifying fee of candidate; notification of

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Department of State.--

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     (1)  Each person seeking to qualify for nomination or

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election to any office, except a person seeking to qualify by the

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petition process pursuant to s. 99.095 and except a person

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seeking to qualify as a write-in candidate, shall pay a

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qualifying fee, which shall consist of a filing fee and election

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assessment, to the officer with whom the person qualifies, and

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any party assessment levied, and shall attach the original or

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signed duplicate of the receipt for his or her party assessment

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or pay the same, in accordance with the provisions of s. 103.121,

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at the time of filing his or her other qualifying papers. The

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amount of the filing fee is 3 percent of the annual salary of the

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office. The amount of the election assessment is 1 percent of the

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annual salary of the office sought. The election assessment shall

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be deposited into the Clearing Funds Trust Fund and transferred

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to the Elections Commission Trust Fund within the Department of

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Legal Affairs. The amount of the party assessment is 2 percent of

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the annual salary. The annual salary of the office for purposes

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of computing the filing fee, election assessment, and party

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assessment shall be computed by multiplying 12 times the monthly

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salary, excluding any special qualification pay, authorized for

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such office as of July 1 immediately preceding the first day of

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qualifying. No qualifying fee shall be returned to the candidate

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unless the candidate withdraws his or her candidacy before the

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last date to qualify. If a candidate dies prior to an election

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and has not withdrawn his or her candidacy before the last date

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to qualify, the candidate's qualifying fee shall be returned to

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his or her designated beneficiary, and, if the filing fee or any

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portion thereof has been transferred to the political party of

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the candidate, the Secretary of State shall direct the party to

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return that portion to the designated beneficiary of the

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candidate.

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     Section 3.  Subsection (1) of section 99.093, Florida

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Statutes, is amended to read:

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     99.093  Municipal candidates; election assessment.--

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     (1)  Each person seeking to qualify for nomination or

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election to a municipal office shall pay, at the time of

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qualifying for office, an election assessment. The election

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assessment shall be an amount equal to 1 percent of the annual

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salary of the office sought. Within 30 days after the close of

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qualifying, the qualifying officer shall forward all assessments

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collected pursuant to this section to the Department of State for

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transfer to deposit in the Elections Commission Trust Fund within

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the Department of Legal Affairs.

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     Section 4.  Subsection (3) of section 105.031, Florida

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Statutes, is amended to read:

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     105.031  Qualification; filing fee; candidate's oath; items

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required to be filed.--

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     (3)  QUALIFYING FEE.--Each candidate qualifying for election

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to a judicial office or the office of school board member, except

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write-in judicial or school board candidates, shall, during the

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time for qualifying, pay to the officer with whom he or she

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qualifies a qualifying fee, which shall consist of a filing fee

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and an election assessment, or qualify by the petition process.

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The amount of the filing fee is 3 percent of the annual salary of

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the office sought. The amount of the election assessment is 1

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percent of the annual salary of the office sought. The Department

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of State shall transfer forward all filing fees to the Department

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of Legal Affairs Revenue for deposit in the Elections Commission

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Trust Fund. The supervisor of elections shall forward all filing

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fees to the Elections Commission Trust Fund. The election

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assessment shall be deposited into the Elections Commission Trust

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Fund. The annual salary of the office for purposes of computing

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the qualifying fee shall be computed by multiplying 12 times the

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monthly salary authorized for such office as of July 1

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immediately preceding the first day of qualifying. This

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subsection shall not apply to candidates qualifying for retention

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to judicial office.

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     Section 5.  Subsection (6) of section 106.24, Florida

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Statutes, is amended to read:

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     106.24  Florida Elections Commission; membership; powers;

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duties.--

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     (6) There is hereby established in the State Treasury an

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Elections Commission Trust Fund to be used utilized by the

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Division of Elections and the Florida Elections Commission in

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order to carry out its their duties pursuant to ss. 106.24-

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106.28. The trust fund may also be used by the Secretary of

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State, pursuant to his or her authority under s. 97.012(14), to

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provide rewards for information leading to criminal convictions

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related to voter registration fraud, voter fraud, and vote scams.

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     Section 6.  Subsection (12) of section 610.104, Florida

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Statutes, is amended to read:

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     610.104  State authorization to provide cable or video

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service.--

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     (12)  Beginning 5 years after approval of the

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certificateholder's initial certificate of franchise issued by

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the department, and every 5 years thereafter, the

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certificateholder shall update the information contained in the

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original application for a certificate of franchise. At the time

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of filing the information update, the certificateholder shall pay

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a processing fee of $1,000. Any certificateholder that fails to

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file the updated information and pay the processing fee on the 5-

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year anniversary dates shall be subject to cancellation of its

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state-issued certificate of franchise authority if, upon notice

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given to the certificateholder at its last address on file with

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the department, the certificateholder fails to file the updated

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information and pay the processing fee within 30 days after the

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date notice was mailed. The application and processing fees

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imposed in this section shall be paid to the Department of State

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for deposit into the Clearing Funds Operating Trust Fund for

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immediate transfer by the Chief Financial Officer to the General

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Inspection Trust Fund of the Department of Agriculture and

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Consumer Services. The Department of Agriculture and Consumer

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Services shall maintain a separate account within the General

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Inspection Trust Fund to distinguish cable franchise revenues

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from all other funds. The application, any amendments to the

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certificate, or information updates must be accompanied by a fee

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to the Department of State equal to that for filing articles of

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incorporation pursuant to s. 607.0122(1).

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     Section 7.  This act shall take effect July 1, 2008.