Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS for SB 1806
       
       
       
       
       
       
                                Barcode 937848                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/08/2009 12:52 PM       .                                
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       The Conference Committee on CS for SB 1806 recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 215.20, Florida Statutes, is amended to
    7  read:
    8         215.20 Certain income and certain trust funds to contribute
    9  to the General Revenue Fund.—
   10         (1) A service charge of 8 7 percent, representing the
   11  estimated pro rata share of the cost of general government paid
   12  from the General Revenue Fund, is hereby appropriated from all
   13  income of a revenue nature deposited in all trust funds except
   14  those enumerated in s. 215.22. Income of a revenue nature shall
   15  include all earnings received or credited by such trust funds,
   16  including the interest or benefit received from the investment
   17  of the principal of such trust funds as may be permitted by law.
   18  This provision shall be construed in favor of the General
   19  Revenue Fund in each instance. All such appropriations shall be
   20  deposited in the General Revenue Fund.
   21         (2) Notwithstanding the provisions of subsection (1),:
   22         (a) the trust funds of the Department of Citrus and the
   23  Department of Agriculture and Consumer Services, including funds
   24  collected in the General Inspection Trust Fund for marketing
   25  orders and in the Florida Citrus Advertising Trust Fund, shall
   26  be subject to a 4 percent 3-percent service charge, which is
   27  hereby appropriated to the General Revenue Fund. This paragraph
   28  does not apply to the Conservation and Recreation Lands Program
   29  Trust Fund, the Citrus Inspection Trust Fund, the Florida
   30  Forever Program Trust Fund, the Market Improvements Working
   31  Capital Trust Fund, the Pest Control Trust Fund, the Plant
   32  Industry Trust Fund, or other funds collected in the General
   33  Inspection Trust Fund in the Department of Agriculture and
   34  Consumer Services.
   35         (b)The Save the Manatee Trust Fund in the Fish and
   36  Wildlife Conservation Commission shall be subject to a 3-percent
   37  service charge, which is hereby appropriated to the General
   38  Revenue Fund.
   39         (3)A service charge of 0.3 percent is hereby appropriated
   40  from income of a revenue nature deposited in the trust funds
   41  enumerated in subsection (4). Income of a revenue nature shall
   42  include all earnings received or credited by such trust funds,
   43  including the interest or benefit received from the investment
   44  of the principal of such trust funds as may be permitted by law.
   45  This provision shall be construed in favor of the General
   46  Revenue Fund in each instance. All such appropriations shall be
   47  deposited in the General Revenue Fund.
   48         (4)The income of a revenue nature deposited in the
   49  following described trust funds, by whatever name designated, is
   50  that from which the appropriations authorized by subsection (3)
   51  shall be made:
   52         (a)Within the Agency for Health Care Administration, the
   53  Health Care Trust Fund.
   54         (b)Within the Agency for Workforce Innovation:
   55         1.The Employment Security Administration Trust Fund.
   56         2.The Special Employment Security Administration Trust
   57  Fund.
   58         (c)Within the Department of Agriculture and Consumer
   59  Services:
   60         1.The Conservation and Recreation Lands Program Trust
   61  Fund.
   62         2.The General Inspection Trust Fund and subsidiary
   63  accounts thereof, unless a different percentage is authorized by
   64  s. 570.20.
   65         3.The Division of Licensing Trust Fund.
   66         (d)Within the Department of Business and Professional
   67  Regulation:
   68         1.The Administrative Trust Fund.
   69         2.The Alcoholic Beverage and Tobacco Trust Fund.
   70         3.The Cigarette Tax Collection Trust Fund.
   71         4.The Division of Florida Condominiums, Timeshares, and
   72  Mobile Homes Trust Fund.
   73         5.The Hotel and Restaurant Trust Fund, with the exception
   74  of those fees collected for the purpose of funding of the
   75  hospitality education program as stated in s. 509.302.
   76         6.The Professional Regulation Trust Fund.
   77         7.The trust funds administered by the Division of Pari
   78  mutuel Wagering.
   79         (e)Within the Department of Children and Family Services:
   80         1.The Administrative Trust Fund.
   81         2.The Child Welfare Training Trust Fund.
   82         3.The Domestic Violence Trust Fund.
   83         4.The Grants and Donations Trust Fund.
   84         5.The Operations and Maintenance Trust Fund.
   85         (f)Within the Department of Citrus, the Florida Citrus
   86  Advertising Trust Fund, including transfers from any subsidiary
   87  accounts thereof, unless a different percentage is authorized in
   88  s. 601.15(7).
   89         (g)Within the Department of Community Affairs, the
   90  Operating Trust Fund.
   91         (h)Within the Department of Education:
   92         1.The Educational Certification and Service Trust Fund.
   93         2.The Phosphate Research Trust Fund.
   94         (i)Within the Department of Elderly Affairs:
   95         1.The Administrative Trust Fund.
   96         2.The Federal Grants Trust Fund.
   97         3.The Grants and Donations Trust Fund.
   98         4.The Operations and Maintenance Trust Fund.
   99         (j)Within the Department of Environmental Protection:
  100         1.The Administrative Trust Fund.
  101         2.The Air Pollution Control Trust Fund.
  102         3.The Conservation and Recreation Lands Trust Fund.
  103         4.The Ecosystem Management and Restoration Trust Fund.
  104         5.The Environmental Laboratory Trust Fund.
  105         6.The Florida Coastal Protection Trust Fund.
  106         7.The Florida Permit Fee Trust Fund.
  107         8.The Grants and Donations Trust Fund.
  108         9.The Inland Protection Trust Fund.
  109         10.The Internal Improvement Trust Fund.
  110         11.The Land Acquisition Trust Fund.
  111         12.The Minerals Trust Fund.
  112         13.The Nonmandatory Land Reclamation Trust Fund.
  113         14.The State Park Trust Fund.
  114         15.The Water Quality Assurance Trust Fund.
  115         16.The Working Capital Trust Fund.
  116         (k)Within the Department of Financial Services:
  117         1.The Agents County Tax Trust Fund.
  118         2.The Insurance Regulatory Trust Fund.
  119         3.The Special Disability Trust Fund.
  120         4.The Workers’ Compensation Administration Trust Fund.
  121         (l)Within the Department of Health:
  122         1.The Administrative Trust Fund.
  123         2.The Brain and Spinal Cord Injury Program Trust Fund.
  124         3.The Donations Trust Fund.
  125         4.The Emergency Medical Services Trust Fund.
  126         5.The Epilepsy Services Trust Fund.
  127         6.The Florida Drug, Device, and Cosmetic Trust Fund.
  128         7.The Grants and Donations Trust Fund.
  129         8.The Medical Quality Assurance Trust Fund.
  130         9.The Nursing Student Loan Forgiveness Trust Fund.
  131         10.The Planning and Evaluation Trust Fund.
  132         11.The Radiation Protection Trust Fund.
  133         (m)Within the Department of Highway Safety and Motor
  134  Vehicles, the DUI Programs Coordination Trust Fund.
  135         (n)Within the Department of Legal Affairs, the Crimes
  136  Compensation Trust Fund.
  137         (o)Within the Department of Management Services:
  138         1.The Administrative Trust Fund.
  139         2.The Architects Incidental Trust Fund.
  140         3.The Bureau of Aircraft Trust Fund.
  141         4.The Florida Facilities Pool Working Capital Trust Fund.
  142         5.The Grants and Donations Trust Fund.
  143         6.The Police and Firefighters’ Premium Tax Trust Fund.
  144         7.The Public Employees Relations Commission Trust Fund.
  145         8.The State Personnel System Trust Fund.
  146         9.The Supervision Trust Fund.
  147         10.The Working Capital Trust Fund.
  148         (p)Within the Department of Revenue:
  149         1.The Additional Court Cost Clearing Trust Fund.
  150         2.The Administrative Trust Fund.
  151         3.The Certification Program Trust Fund.
  152         4.The Fuel Tax Collection Trust Fund.
  153         5.The Local Alternative Fuel User Fee Clearing Trust Fund.
  154         6.The Local Option Fuel Tax Trust Fund.
  155         7.The Motor Vehicle Rental Surcharge Clearing Trust Fund.
  156         8.The Motor Vehicle Warranty Trust Fund.
  157         9.The Oil and Gas Tax Trust Fund.
  158         10.The Operations Trust Fund.
  159         11.The Severance Tax Solid Mineral Trust Fund.
  160         12.The State Alternative Fuel User Fee Clearing Trust
  161  Fund.
  162         13.All taxes levied on motor fuels other than gasoline
  163  levied pursuant to the provisions of s. 206.87(1)(a).
  164         (q)Within the Department of State:
  165         1.The Records Management Trust Fund.
  166         2.The trust funds administered by the Division of
  167  Historical Resources.
  168         (r)Within the Department of Transportation, all income
  169  derived from outdoor advertising and overweight violations which
  170  is deposited in the State Transportation Trust Fund.
  171         (s)Within the Department of Veterans’ Affairs:
  172         1.The Grants and Donations Trust Fund.
  173         2.The Operations and Maintenance Trust Fund.
  174         3.The State Homes for Veterans Trust Fund.
  175         (t)Within the Division of Administrative Hearings, the
  176  Administrative Trust Fund.
  177         (u)Within the Fish and Wildlife Conservation Commission:
  178         1.The Conservation and Recreation Lands Program Trust
  179  Fund.
  180         2.The Florida Panther Research and Management Trust Fund.
  181         3.The Land Acquisition Trust Fund.
  182         4.The Marine Resources Conservation Trust Fund, with the
  183  exception of those fees collected for recreational saltwater
  184  fishing licenses as provided in s. 379.354.
  185         (v)Within the Florida Public Service Commission, the
  186  Florida Public Service Regulatory Trust Fund.
  187         (w)Within the Justice Administrative Commission, the
  188  Indigent Criminal Defense Trust Fund.
  189         (x)Within the Office of Financial Regulation of the
  190  Financial Services Commission:
  191         1.The Administrative Trust Fund.
  192         2.The Anti-Fraud Trust Fund.
  193         3.The Financial Institutions’ Regulatory Trust Fund.
  194         4.The Regulatory Trust Fund.
  195         (3)Subsection (1) does The enumeration of the foregoing
  196  moneys or trust funds shall not prohibit the applicability of s.
  197  215.24 should the Governor determine that for the reasons
  198  mentioned in s. 215.24 the money or trust funds should be exempt
  199  herefrom, as it is the purpose of this law to exempt income from
  200  its force and effect when, by the operation of this law, federal
  201  matching funds or contributions or private grants to any trust
  202  fund would be lost to the state.
  203         (4)(5) There is appropriated from the proper respective
  204  trust funds from time to time such sums as may be necessary to
  205  pay to the General Revenue Fund the service charges imposed by
  206  this section.
  207         Section 2. Paragraph (b) of subsection (9) of section
  208  527.23, Florida Statutes, is amended to read:
  209         527.23 Marketing orders; referendum requirements;
  210  assessments.—
  211         (9)
  212         (b) The collected assessments shall be deposited into the
  213  General Inspection Trust Fund and shall be used for the sole
  214  purpose of implementing the marketing order for which the
  215  assessment was collected. Four Three percent of all income of a
  216  revenue nature deposited in this fund, including transfers from
  217  any subsidiary accounts thereof and any interest income, shall
  218  be deposited in the General Revenue Fund pursuant to chapter
  219  215. The department is not subject to the procedures found in s.
  220  287.057 in the expenditure of these funds. However, the director
  221  of the Division of Marketing and Development shall file with the
  222  internal auditor of the department a certification of conditions
  223  and circumstances justifying each contract or agreement entered
  224  into without competitive bidding.
  225         Section 3. Subsection (1) of section 570.20, Florida
  226  Statutes, is amended to read:
  227         570.20 General Inspection Trust Fund.—
  228         (1) All donations and all inspection fees and other funds
  229  authorized and received from whatever source in the enforcement
  230  of the inspection laws administered by the department shall be
  231  paid into the General Inspection Trust Fund of Florida, which is
  232  created in the office of the Chief Financial Officer. All
  233  expenses incurred in carrying out the provisions of the
  234  inspection laws shall be paid from this fund as other funds are
  235  paid from the State Treasury. A percentage of all revenue
  236  deposited in this fund, including transfers from any subsidiary
  237  accounts, shall be deposited in the General Revenue Fund
  238  pursuant to chapter 215, except that funds collected for
  239  marketing orders shall pay at the rate of 4 3 percent.
  240         Section 4. Paragraph (a) of subsection (7) of section
  241  601.15, Florida Statutes, is amended to read:
  242         601.15 Advertising campaign; methods of conducting; excise
  243  tax; emergency reserve fund; citrus research.—
  244         (7) All excise taxes levied and collected under the
  245  provisions of this chapter shall be paid into the State Treasury
  246  on or before the 15th day of each month; such moneys shall be
  247  accounted for in a special fund to be designated as the Florida
  248  Citrus Advertising Trust Fund, and all moneys in such fund are
  249  hereby appropriated to the Department of Citrus for the
  250  following purposes:
  251         (a) Four Three percent of all income of a revenue nature
  252  deposited in this fund, including transfers from any subsidiary
  253  accounts thereof and any interest income, shall be deposited in
  254  the General Revenue Fund pursuant to chapter 215.
  255         Section 5. The amendments to sections 215.20, 527.23,
  256  570.20, and 601.15, Florida Statutes, made by this act apply to
  257  all service charges deposited into the General Revenue Fund on
  258  or after July 1, 2009.
  259         Section 6. This act shall take effect July 1, 2009.
  260  
  261  ================= T I T L E  A M E N D M E N T ================
  262         And the title is amended as follows:
  263         Delete everything before the enacting clause
  264  and insert:
  265                        A bill to be entitled                      
  266         An act relating to the service charge on income of
  267         trust funds; amending s. 215.20, F.S.; increasing the
  268         service charge on income of a revenue nature deposited
  269         into certain trust funds; deleting provisions
  270         providing a reduced service charge on the income of
  271         certain trust funds; amending s. 527.23, F.S.;
  272         increasing surcharge on income of a trust fund for
  273         income relating to marketing orders; amending s.
  274         570.20, F.S.; increasing the service charge on income
  275         to the General Inspection Trust Fund of the Department
  276         of Agriculture and Consumer Services; amending s.
  277         601.15, F.S.; increasing the service charge on income
  278         to the Florida Citrus Advertising Trust Fund;
  279         providing for application of the act; providing an
  280         effective date.