| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Agriculture and |
| 3 | Consumer Services; amending s. 215.20, F.S.; including the |
| 4 | Agricultural Emergency Eradication Trust Fund within |
| 5 | specified trust funds that are subject to the service |
| 6 | charge on income of a revenue nature; amending s. 570.191, |
| 7 | F.S.; revising the uses of the Agricultural Emergency |
| 8 | Eradication Trust Fund; repealing s. 570.1911, F.S., |
| 9 | relating to notice of certification of an agricultural |
| 10 | emergency; amending s. 570.20, F.S.; providing for the |
| 11 | transfer of certain funds from the General Inspection |
| 12 | Trust Fund to the General Revenue Fund for a specified |
| 13 | period; removing obsolete provisions; amending s. 581.212, |
| 14 | F.S.; providing for the transfer of certain funds from the |
| 15 | Plant Industry Trust Fund to the General Revenue Fund for |
| 16 | a specified period; repealing s. 585.105, F.S., relating |
| 17 | to the purchase, distribution, and administration of |
| 18 | approved brucella vaccine by the department; amending s. |
| 19 | 589.08, F.S.; eliminating the distribution to counties of |
| 20 | a specified percentage of gross receipts from a state |
| 21 | forest; repealing s. 589.081, F.S., relating to the |
| 22 | payment of a specified percentage of the gross receipts |
| 23 | from Withlacoochee State Forest and Goethe State Forest to |
| 24 | certain counties; providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Paragraph (c) of subsection (4) of section |
| 29 | 215.20, Florida Statutes, is amended to read: |
| 30 | 215.20 Certain income and certain trust funds to |
| 31 | contribute to the General Revenue Fund.-- |
| 32 | (4) The income of a revenue nature deposited in the |
| 33 | following described trust funds, by whatever name designated, is |
| 34 | that from which the appropriations authorized by subsection (3) |
| 35 | shall be made: |
| 36 | (c) Within the Department of Agriculture and Consumer |
| 37 | Services: |
| 38 | 1. The Agricultural Emergency Eradication Trust Fund. |
| 39 | 2.1. The Conservation and Recreation Lands Program Trust |
| 40 | Fund. |
| 41 | 3.2. The General Inspection Trust Fund and subsidiary |
| 42 | accounts thereof, unless a different percentage is authorized by |
| 43 | s. 570.20. |
| 44 | 4.3. The Division of Licensing Trust Fund. |
| 45 |
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| 46 | The enumeration of the foregoing moneys or trust funds shall not |
| 47 | prohibit the applicability thereto of s. 215.24 should the |
| 48 | Governor determine that for the reasons mentioned in s. 215.24 |
| 49 | the money or trust funds should be exempt herefrom, as it is the |
| 50 | purpose of this law to exempt income from its force and effect |
| 51 | when, by the operation of this law, federal matching funds or |
| 52 | contributions or private grants to any trust fund would be lost |
| 53 | to the state. |
| 54 | Section 2. Section 570.191, Florida Statutes, is amended |
| 55 | to read: |
| 56 | 570.191 Agricultural Emergency Eradication Trust |
| 57 | Fund.--There is created in the office of the commissioner the |
| 58 | Agricultural Emergency Eradication Trust Fund. Funds in the |
| 59 | trust fund may be made available for the promotion, advancement, |
| 60 | and protection of agriculture in the state, including |
| 61 | maintaining or increasing market share and suppressing or |
| 62 | eradicating wildfire, animal or plant disease, insect |
| 63 | infestation, or a plant or pest that endangers or threatens |
| 64 | agriculture upon certification by the commissioner that an |
| 65 | agricultural emergency exists and that funds specifically |
| 66 | appropriated for the emergency's purpose are exhausted or |
| 67 | insufficient to eliminate the agricultural emergency. The term |
| 68 | "agricultural emergency" means an animal or plant disease, |
| 69 | insect infestation, or plant or pest endangering or threatening |
| 70 | the horticultural, aquacultural, or other agricultural interests |
| 71 | in this state. |
| 72 | Section 3. Section 570.1911, Florida Statutes, is |
| 73 | repealed. |
| 74 | Section 4. Subsection (2) of section 570.20, Florida |
| 75 | Statutes, is amended to read: |
| 76 | 570.20 General Inspection Trust Fund.-- |
| 77 | (2) The sum of $300,000 received annually into the General |
| 78 | Inspection Trust Fund shall be transferred to the General |
| 79 | Revenue Fund. It shall be transmitted in equal monthly payments |
| 80 | until the total is received in the General Revenue Fund. This |
| 81 | subsection expires July 1, 2013. For the 2007-2008 fiscal year |
| 82 | only and notwithstanding any other provision of law to the |
| 83 | contrary, in addition to the spending authorized in subsection |
| 84 | (1), moneys in the General Inspection Trust Fund may be |
| 85 | appropriated for programs operated by the department which are |
| 86 | related to the programs authorized by this chapter. This |
| 87 | subsection expires July 1, 2008. |
| 88 | Section 5. Section 581.212, Florida Statutes, is amended |
| 89 | to read: |
| 90 | 581.212 Handling of moneys received.-- |
| 91 | (1) All moneys received by the department under the |
| 92 | provisions of this chapter shall be deposited in the Plant |
| 93 | Industry Trust Fund and shall be used by the department to |
| 94 | defray its expenses in carrying out the duties imposed on it by |
| 95 | this chapter. |
| 96 | (2) The sum of $300,000 received annually into the Plant |
| 97 | Industry Trust Fund shall be transferred to the General Revenue |
| 98 | Fund. It shall be transmitted in equal monthly payments until |
| 99 | the total is received in the General Revenue Fund. This |
| 100 | subsection expires July 1, 2013. |
| 101 | Section 6. Section 585.105, Florida Statues, is repealed. |
| 102 | Section 7. Subsection (2) of section 589.08, Florida |
| 103 | Statues, is amended to read: |
| 104 | 589.08 Land acquisition restrictions.-- |
| 105 | (2) The division may receive, hold the custody of, and |
| 106 | exercise the control of any lands, and set aside into a |
| 107 | separate, distinct and inviolable fund, the proceeds which may |
| 108 | be derived from the sales of the products of such lands, the use |
| 109 | thereof in any manner, or the sale of such lands save the 25 |
| 110 | percent of the proceeds thereof to be paid into the State School |
| 111 | Fund as provided by law. The division may use and apply such |
| 112 | funds for the acquisition, use, custody, management, |
| 113 | development, or improvement of any lands vested in or subject to |
| 114 | the control of such division. After full payment has been made |
| 115 | for the purchase of a state forest, to the Federal Government or |
| 116 | other grantor, then 15 percent of the gross receipts from a |
| 117 | state forest shall be paid to the county or counties in which it |
| 118 | is located in proportion to the acreage located in each county |
| 119 | for use by the county or counties for school purposes. |
| 120 | Section 8. Section 589.081, Florida Statues, is repealed. |
| 121 | Section 9. This act shall take effect July 1, 2008. |