HB 5077

1
A bill to be entitled
2An act relating to the Department of Agriculture and
3Consumer Services; amending s. 215.20, F.S.; including the
4Agricultural Emergency Eradication Trust Fund within
5specified trust funds that are subject to the service
6charge on income of a revenue nature; amending s. 570.191,
7F.S.; revising the uses of the Agricultural Emergency
8Eradication Trust Fund; repealing s. 570.1911, F.S.,
9relating to notice of certification of an agricultural
10emergency; amending s. 570.20, F.S.; providing for the
11transfer of certain funds from the General Inspection
12Trust Fund to the General Revenue Fund for a specified
13period; removing obsolete provisions; amending s. 581.212,
14F.S.; providing for the transfer of certain funds from the
15Plant Industry Trust Fund to the General Revenue Fund for
16a specified period; repealing s. 585.105, F.S., relating
17to the purchase, distribution, and administration of
18approved brucella vaccine by the department; providing an
19effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Paragraph (c) of subsection (4) of section
24215.20, Florida Statutes, is amended to read:
25     215.20  Certain income and certain trust funds to
26contribute to the General Revenue Fund.--
27     (4)  The income of a revenue nature deposited in the
28following described trust funds, by whatever name designated, is
29that from which the appropriations authorized by subsection (3)
30shall be made:
31     (c)  Within the Department of Agriculture and Consumer
32Services:
33     1.  The Agricultural Emergency Eradication Trust Fund.
34     2.1.  The Conservation and Recreation Lands Program Trust
35Fund.
36     3.2.  The General Inspection Trust Fund and subsidiary
37accounts thereof, unless a different percentage is authorized by
38s. 570.20.
39     4.3.  The Division of Licensing Trust Fund.
40
41The enumeration of the foregoing moneys or trust funds shall not
42prohibit the applicability thereto of s. 215.24 should the
43Governor determine that for the reasons mentioned in s. 215.24
44the money or trust funds should be exempt herefrom, as it is the
45purpose of this law to exempt income from its force and effect
46when, by the operation of this law, federal matching funds or
47contributions or private grants to any trust fund would be lost
48to the state.
49     Section 2.  Section 570.191, Florida Statutes, is amended
50to read:
51     570.191  Agricultural Emergency Eradication Trust
52Fund.--There is created in the office of the commissioner the
53Agricultural Emergency Eradication Trust Fund. Funds in the
54trust fund may be made available for the promotion, advancement,
55and protection of agriculture in the state, including
56maintaining or increasing market share and suppressing or
57eradicating wildfire, animal or plant disease, insect
58infestation, or a plant or pest that endangers or threatens
59agriculture upon certification by the commissioner that an
60agricultural emergency exists and that funds specifically
61appropriated for the emergency's purpose are exhausted or
62insufficient to eliminate the agricultural emergency. The term
63"agricultural emergency" means an animal or plant disease,
64insect infestation, or plant or pest endangering or threatening
65the horticultural, aquacultural, or other agricultural interests
66in this state.
67     Section 3.  Section 570.1911, Florida Statutes, is
68repealed.
69     Section 4.  Subsection (2) of section 570.20, Florida
70Statutes, is amended to read:
71     570.20  General Inspection Trust Fund.--
72     (2)  The sum of $300,000 received annually into the General
73Inspection Trust Fund shall be transferred to the General
74Revenue Fund. It shall be transmitted in equal monthly payments
75until the total is received in the General Revenue Fund. This
76subsection expires July 1, 2013. For the 2007-2008 fiscal year
77only and notwithstanding any other provision of law to the
78contrary, in addition to the spending authorized in subsection
79(1), moneys in the General Inspection Trust Fund may be
80appropriated for programs operated by the department which are
81related to the programs authorized by this chapter. This
82subsection expires July 1, 2008.
83     Section 5.  Section 581.212, Florida Statutes, is amended
84to read:
85     581.212  Handling of moneys received.--
86     (1)  All moneys received by the department under the
87provisions of this chapter shall be deposited in the Plant
88Industry Trust Fund and shall be used by the department to
89defray its expenses in carrying out the duties imposed on it by
90this chapter.
91     (2)  The sum of $300,000 received annually into the Plant
92Industry Trust Fund shall be transferred to the General Revenue
93Fund. It shall be transmitted in equal monthly payments until
94the total is received in the General Revenue Fund. This
95subsection expires July 1, 2013.
96     Section 6.  Section 585.105, Florida Statues, is repealed.
97     Section 7.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.