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.